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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

Question:

Maria and John, both Filipino citizens, got married in a simple ceremony at a beach resort in the Philippines. However, it was later discovered that their marriage was void due to an existing legal impediment. Despite this, they continued to live together as husband and wife for several years. Maria became pregnant and gave birth to their daughter, Sofia. Recently, Maria wants to establish the status and rights of Sofia by seeking a judicial declaration of her filiation.

1. Discuss the effects of a void marriage on the status and rights of children born therein, particularly with regard to the determination of paternity and filiation.

2. Can Maria seek a judicial declaration of Sofia's filiation despite the marriage between her and John being void? Discuss the legal basis for Maria's claim and the remedies available to her.

3. What evidence can Maria present to establish the filiation of Sofia in court? Discuss the rules on proof of filiation in cases involving void marriages.

4. Suppose Maria and John had acquired joint properties during their cohabitation despite their marriage being void. Discuss the rights and liabilities of Maria and John with regard to the disposition and division of these properties.

5. In the context of void marriages, what are the main differences between annulment and declaration of nullity of marriage? Discuss the legal grounds and effects of each remedy.




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Bar Review Question: III. PERSONS AND FAMILY RELATIONS Question: Maria and John, both Filipino citizens, got married