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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSH. Void Marriages, Effects and Remedies (Family Code, arts. 35-44 and 50-54)

Question

III. PERSONS AND FAMILY RELATIONS: Void Marriages, Effects and Remedies (Family Code, arts. 35-44 and 50-54)

Consider the following scenarios:

  1. Alice and Bob were married in the Philippines. However, it was later discovered that Alice was already married to another person at the time of their marriage. Discuss the legal effects and remedies available to both Alice and Bob in this situation, as provided by the Family Code.
  2. Charlene and David got married. After a few years, Charlene found out that David had a psychological disorder that makes him unable to fulfill his marital obligations. Can Charlene seek for a declaration of nullity of their marriage based on this ground? Explain the legal basis and requirements for declaring a marriage void under the Family Code.
  3. Ernest and Florence got married in the Philippines. Florence later discovered that Ernest had concealed a sexual transmitted disease from her prior to their marriage. Can Florence seek for the annulment of their marriage on the ground of fraud? Discuss the legal concept of fraud as a ground for annulment and its application in this scenario.
  4. Grace and Henry were married when they were both 16 years old without the consent of their parents or guardian. However, they continued living together as husband and wife even after reaching the legal age. Are they considered legally married? Explain the legal implications of their situation and the effects of ratification in cases of voidable marriages.



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Bar Review Question: III. PERSONS AND FAMILY RELATIONS: Void Marriages, Effects and Remedies (Family Code, arts. 35-44 a