Log In Create Account

Philippine Bar review · Question

Practice question: Validity of Marriages Celebrated Abroad

Multiple Choice Hard

Practice question

A foreign marriage certificate is properly authenticated, but the dispute concerns whether the Filipino spouse lacked capacity because of a prior subsisting marriage. The proponent says authentication conclusively resolves both the governing foreign law and every substantive capacity issue. Which answer is best?
  1. Authentication proves every legal requirement automatically
  2. Authentication addresses the document's status; the governing law, capacity and Article 26 exceptions still require their own analysis
  3. No foreign certificate may ever be received
  4. The certificate itself repeals Article 15
  5. A consular stamp is a judicial nullity judgment

Legal references

  • Family Code Articles26 and68–73: https://lawphil.net/executive/execord/eo1987/eo_209_1987.html
  • Civil Code Articles15–17: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • De Munari v. Asprec, GR262831, April7 2025, main decision: https://lawphil.net/judjuris/juri2025/apr2025/gr_262831_2025.html
  • Garcia v. Recio, GR138322, October2 2001, main decision: https://lawphil.net/judjuris/juri2001/oct2001/gr_138322_2001.html

Answer this question in flashcards to review your response and continue practicing.