Question

III. PERSONS AND FAMILY RELATIONS

Topic: Void Marriages, Effects and Remedies (Family Code, Arts. 35-44 and 50-54)

Read the scenario carefully and answer the question that follows:

Scenario:

Lara and Miguel got married in the Philippines in 2010. However, they recently discovered that their marriage is void due to Lara's psychological incapacity as stated in a medical certificate issued by a licensed psychologist. The couple has been living separately for the past five years and has no children.

Question:

1. What are the grounds for declaring a marriage void under the Family Code? Discuss the legal effects of a void marriage on the parties involved. (10 points)
2. If Lara decides to seek legal recourse, what specific remedy can she avail of to have her marriage declared void? Explain the process and requirements for obtaining such remedy. (15 points)
3. Assuming that their marriage was only voidable instead of void, what are the legal effects and remedies available to the parties involved? Discuss in detail. (15 points)