Philippine Bar review · Question

Practice question: Void and Voidable Marriages

Multiple Choice Medium

Practice question

A spouse proves only that the couple recently argued and now dislikes living together, without evidence of the required incapacity existing at celebration. Does Tan-Andal make dissatisfaction alone sufficient?
  1. Yes; any argument automatically voids marriage.
  2. Yes; mutual dislike necessarily equals incapacity.
  3. Yes; the parties may privately declare 36 satisfied.
  4. No; because 36 can never apply without a criminal conviction.
  5. No; the required serious incapacity and temporal link still must be established.

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

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