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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSF. Marriage, General Principles (Family Code, Art. 1)1. Essential and Formal Requisites - Family Code, arts. 1-3, 5-11, 20-21, 26 and 31-35

Question

F. Marriage, General Principles (Family Code, Art. 1)

Topic: Essential and Formal Requisites - Family Code, arts. 1-3, 5-11, 20-21, 26 and 31-35

1. John and Mary are planning to get married. John is a Filipino citizen and Mary is a foreign national. According to the Family Code, what are the essential and formal requisites for their marriage to be valid? Discuss each requisite and provide the corresponding provisions in the Family Code.

2. In accordance with the Family Code, marriage may be solemnized by any of the following individuals: a) judge, b) priest or minister of any religious sect, c) ship captain or airplane chief, and d) consul-general, consul, or vice-consul. Clarisse, a ship captain, wants to solemnize a marriage between Mark and Carla. However, Mark and Carla want to have a beach wedding ceremony. Are Mark and Carla allowed to request Clarisse to solemnize their marriage on the beach? Explain your answer and cite the relevant provisions of the Family Code.

3. Alessio and Sofia have been living together as a couple for 5 years but they never had a church or civil wedding. However, they consider themselves as husband and wife and have introduced each other as such to their families and friends. Is Alessio and Sofia's relationship considered a valid marriage in the Philippines? Discuss the legal implications of their situation and cite the relevant provisions of the Family Code.

4. Gabriel and Elena were married in a religious ceremony performed by their church minister. However, they failed to secure a marriage license from the local civil registrar. Is their marriage considered valid? Explain the consequences of their failure to comply with the formal requisites of marriage and cite the relevant provisions of the Family Code.

5. Neil and Diana were married in accordance with the formal requisites provided by the Family Code. However, during the marriage ceremony, it was discovered that Diana was already married to another person, making her previous marriage still subsisting. What is the effect of Diana's prior existing marriage on her marriage with Neil? Discuss the legal implications of her situation and cite the relevant provisions of the Family Code.




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Bar Review Question: F. Marriage, General Principles (Family Code, Art. 1) Topic: Essential and Formal Requisites - Fam