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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSI. Voidable Marriages, Effects and Remedies (Family Code, arts. 45-54)

Question

III. PERSONS AND FAMILY RELATIONS

I. Voidable Marriages, Effects, and Remedies (Family Code, arts. 45-54)

Consider the following scenarios and answer the questions that follow:

Scenario 1:

John and Mary got married in the Philippines. After a few months of their marriage, Mary discovered that John was already married to another person at the time of their wedding. Mary wants to annul their marriage.

Scenario 2:

Robert and Elizabeth, both Filipino citizens, got married in a foreign country where divorce is allowed. However, after returning to the Philippines, Robert wants to have their marriage declared void.

Scenario 3:

Michael and Sarah got married when they were both 17 years old without their parents' consent. Now that they are both 21 years old, they want to void their marriage.

  1. What is the effect of discovering a previous marriage on the validity of John and Mary's marriage under the Family Code? Is it void or voidable? Explain your answer.
  2. Can Robert and Elizabeth have their marriage declared void in the Philippines despite being validly married in a foreign country? Explain your answer.
  3. Is the marriage of Michael and Sarah valid or voidable? Explain your answer.



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Bar Review Question: III. PERSONS AND FAMILY RELATIONS I. Voidable Marriages, Effects, and Remedies (Family Code, arts.