Philippine Bar review · Question

Practice question: Void and Voidable Marriages

Multiple Choice Hard Jurisprudence

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?
  1. Their agreement automatically establishes nullity.
  2. No judgment in these cases may rest on a stipulation of facts or confession of judgment; the statutory safeguards remain.
  3. A joint request automatically repeals every marriage requisite.
  4. The public prosecutor has no statutory role in any nullity case.
  5. 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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