Philippine Bar review · Question

Practice question: Marriage between Offender and Offended Party

Multiple Choice Hard

Practice question

In a prosecution for marital rape, the accused relies on the offended wife’s later forgiveness. The court finds that their purported marriage was void ab initio. He argues that forgiveness extinguishes liability regardless of the union’s validity. Under Article266-C, which is best?
  1. Any statement of forgiveness always suffices
  2. Voidness is immaterial because they lived together
  3. The statutory proviso prevents extinction or abatement when the marriage is void ab initio
  4. Marriage makes rape legally impossible
  5. The wife’s parents alone must grant executive clemency

Legal references

  • RA8353 Article266-C, second paragraph: https://lawphil.net/statutes/repacts/ra1997/ra_8353_1997.html

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