Practice question
Spouses jointly ask the court to declare their marriage void solely because both now prefer separation. They offer only a confession of judgment and a stipulation that a nullity ground exists, without the required evidence. Under Article 48, which is correct?
- Their agreement automatically establishes nullity.
- No judgment in these cases may rest on a stipulation of facts or confession of judgment; the statutory safeguards remain.
- A joint request automatically repeals every marriage requisite.
- The public prosecutor has no statutory role in any nullity case.
- The judge must accept every agreed legal conclusion as evidence.
Legal references
- Family Code Articles35,40,45–48; https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/5/95173
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