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?
- Authentication proves every legal requirement automatically
- Authentication addresses the document's status; the governing law, capacity and Article 26 exceptions still require their own analysis
- No foreign certificate may ever be received
- The certificate itself repeals Article 15
- 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
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