Practice question
A respondent spouse fails to answer a nullity complaint. The petitioner argues that silence alone requires judgment declaring the marriage void. What follows from the State-interest framework?
- Silence automatically proves every ground
- No evidence may be heard
- The petitioner may dictate status
- The court must preserve the required State participation and proof rather than treat silence as automatic nullity
- The prosecutor must support the petitioner
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
- Puyat v. Puyat, G.R. No.181614, June 30, 2021, main decision, State participation and Article 48: https://lawphil.net/judjuris/juri2021/jun2021/gr_181614_2021.html
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