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Philippine Bar review · Question

Practice question: Essential and Formal Requisites of Marriage; Effects of Absence, Defect, or Irregularity

Multiple Choice Medium Jurisprudence

Practice question

A nineteen-year-old marries without the required parental consent. The other requisites are present, no separate nullity ground exists, and no later ratification issue is involved. Under Article 45(1), how is the marriage classified?
  1. Automatically valid beyond challenge because majority is eighteen
  2. Void in every case as a child marriage
  3. Voidable on the stated parental-consent ground
  4. A transaction that never involved any consent at all
  5. Automatically dissolved on the next birthday

Legal references

  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/5/95173 — Family Code, Articles 2–5, 35(2), 35(3) and 45
  • https://lawphil.net/judjuris/juri2025/apr2025/gr_267998_2025.html — Maliwat-Melad v. Melad, G.R. No. 267998, April 23, 2025, main opinion

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