Practice question
A husband relies only on separate addresses to prove physical impossibility under Article 166(1), but the evidence shows the spouses could and did meet during the relevant period. Which analysis is correct?
- Different mailing addresses conclusively prove impossibility
- Any disagreement proves physical incapacity
- Separate residence is sufficient only where it made intercourse impossible during the statutory period; addresses alone do not satisfy that ground
- The relevant period never matters
- The child must disprove every rumor
Legal references
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/5/95173 — Family Code, Articles 166–171
- https://lawphil.net/judjuris/juri2022/oct2022/gr_222259_2022.html — Yap v. Yap, G.R. No. 222259, October 17, 2022, main opinion
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