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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

Question: Validity and Effects of Void Marriages

1. Claire and Mark were married in the Philippines in 2010. However, it was discovered that Claire was already legally married to another person at the time of their wedding. Mark seeks to have their marriage declared void. Discuss the validity and effects of void marriages under the Family Code of the Philippines. Cite the pertinent provisions of the law.

2. Anna and John decided to get married and went through the necessary requirements. Their wedding took place outside the Philippines, in a country where same-sex marriage is legally recognized. When they returned to the Philippines, they encountered difficulties in obtaining recognition of their marriage. Explain the status and legal effects of same-sex marriages performed abroad, but not legally recognized in the Philippines. Refer to the relevant provisions of the Family Code.

3. Rafael and Sophia got married in 2018. After a few years of marriage, they discovered that they are closely related as half-siblings. They want to have their marriage declared void. Analyze the grounds for void marriages based on close blood relations, as provided by the Family Code. Identify the legal consequences of a void marriage in this situation.

  1. Discuss the legal effects of a marriage that is considered void for lack of a marriage license. Cite relevant provisions of the Family Code.
  2. Explain the remedies available to parties in a void marriage under the Family Code.
  3. Jenny married Mark in 2010. Only later did Mark learn that Jenny was already married to another person at the time of their marriage. If Mark files for the declaration of absolute nullity of their marriage, what defenses can Jenny raise? Discuss the defenses available to the respondent in an action for declaration of absolute nullity of marriage.



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Bar Review Question: Question: Validity and Effects of Void Marriages 1. Claire and Mark were married in the Philippine