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Philippine Bar review · Question

Practice question: Validity of Marriages Celebrated Abroad

Multiple Choice Hard

Practice question

An adopting parent and the adopted child, with the adoption still effective, celebrate a locally valid foreign marriage. They argue the absence of blood relationship necessarily defeats every Article 26 exception. Which is correct?
  1. Article 38 separately prohibits the adopter-adopted-child marriage, so absence of blood relationship does not answer recognition
  2. Only blood relationships can ever be prohibited
  3. Every adoption disappears at the airport
  4. Local formal validity overrides all Article 38 provisions
  5. The marriage certificate rescinds the adoption

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
  • EO227, Article 26 amendment: https://lawphil.net/executive/execord/eo1987/eo_227_1987.html

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