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Philippine Bar review · Question

Practice question: Grounds to Impugn Legitimacy

Multiple Choice Medium Jurisprudence

Practice question

At the child’s conception, one parent was validly married to a third person. That marriage later ended, and the biological parents subsequently validly married. A proper prejudiced party timely challenges legitimation based on the conception-time impediment. Does RA 9858’s age exception itself cure that impediment?
  1. No, the amendment’s exception is for disqualification only because of age below eighteen, not an existing marriage to another person
  2. Yes, every later marriage cures all earlier impediments
  3. Yes, recognition alone removes the earlier marriage
  4. Yes, the child’s surname determines eligibility
  5. Yes, the challenger’s rights can never matter

Legal references

  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/5/95173 — Family Code, Articles 174 and 178–182
  • https://lawphil.net/statutes/repacts/ra2009/ra_9858_2009.html — RA 9858, amended Articles 177–178
  • https://lawphil.net/judjuris/juri2023/feb2023/gr_250199_2023.html — Republic v. Boquiren, G.R. No. 250199, February 13, 2023

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