Philippine Bar review · Question

Practice question: Void and Voidable Marriages

Multiple Choice Hard

Practice question

A psychiatrist assigns a diagnostic label but gives no adequate factual connection to inability to comply with essential marital obligations or existence at celebration. The petitioner says the label conclusively requires nullity. Which is correct?
  1. Every diagnosis automatically voids every marriage.
  2. A diagnostic label alone does not replace proof of the legal Article 36 requirements.
  3. The court has no role after an expert signs a report.
  4. Only the report's length determines legal incapacity.
  5. The spouse's refusal to sign the petition automatically proves all elements.

Legal references

  • Family Code Articles36,65-67,79-80,86 and134-138: https://lawphil.net/executive/execord/eo1987/eo_209_1987.html
  • Tan-Andal v. Andal, G.R.196359, May11,2021, EN BANC MAIN: https://lawphil.net/judjuris/juri2021/may2021/gr_196359_2021.html

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