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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSF. Marriage, General Principles (Family Code, Art. 1)2. Effects of Absence, Defect or Irregularity - Family Code, Art. 4

Question

Family Law: Effects of Absence, Defect or Irregularity (Family Code, Art. 4)

Mr. Santos and Ms. Reyes decided to get married and went to the local civil registrar's office to apply for a marriage license. However, due to a technical error in the documents, their marriage license was inadvertently issued with a wrong date. Nonetheless, they proceeded with their wedding ceremony and got married as planned.

After a few years of marriage, Mr. Santos had to work abroad due to a job opportunity. Unfortunately, he encountered some legal issues in the foreign country and was detained for several years. During his absence, Ms. Reyes discovered that their marriage license was defective due to the incorrect date.

Based on the given scenario and the Effects of Absence, Defect or Irregularity provision in the Family Code (Art. 4), analyze the following:

  1. What is the legal effect of the defect in the marriage license on the validity of Mr. Santos and Ms. Reyes' marriage?
  2. What are the consequences of Mr. Santos' absence and detention on the validity of their marriage?
  3. Can Ms. Reyes seek any legal remedies to address the defect in the marriage license and the absence of Mr. Santos? If so, what are the possible options available to her?



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Bar Review Question: Family Law: Effects of Absence, Defect or Irregularity (Family Code, Art. 4) Mr. Santos and Ms. Re