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Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

Parties exchange signed promises by mail but never personally appear before a solemnizing officer or make the statutory declaration in the required witnesses’ presence. No special exception applies. They invoke Article 6’s freedom from prescribed religious ritual. Which is best?
  1. The phrase dispenses with every ceremony act
  2. Freedom from a prescribed ritual does not dispense with personal appearance and the statutory declaration
  3. Mailing signatures automatically creates marriage
  4. A private promise replaces every formal requisite
  5. Only the envelope date matters

Legal references

  • Family Code, EO209, relevant Articles 4, 6, 20, 26, 37, 38, 48 and 68-73, as amended: https://lawphil.net/executive/execord/eo1987/eo_209_1987.html

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