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Philippine Bar review · Question

Practice question: Legal Separation

Multiple Choice Hard Jurisprudence

Practice question

A petitioner proves a listed Article 55 ground but the respondent also establishes that both spouses have independently given ground for legal separation within Article 56(4). Assume that statutory bar applies and no other issue changes the result. The petitioner says proof of one ground necessarily defeats every defense. Which is correct?
  1. The petitioner automatically wins despite every statutory bar.
  2. Article 56's established mutual-guilt ground requires denial notwithstanding proof of the petitioner's alleged ground.
  3. The marriage bond automatically disappears.
  4. Both spouses may immediately remarry by agreement.
  5. The case becomes a criminal conviction of both parties.

Legal references

  • Family Code Articles55–57,60 and63; https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/5/95173

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