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Question

Total Extinction: Marriage between the Offender and the Offended Party

Mr. Rodriguez and Ms. Santos were married for five years. During their marriage, Mr. Rodriguez committed a crime defined under Article 266-C of the Revised Penal Code, which is punishable by imprisonment. As a result, Ms. Santos, the offended party in the case, wants to know if their marriage can be considered as totally extinct.

On the other hand, Mr. Hernandez and Ms. Gomez got married three years ago. Mr. Hernandez, the offender, was recently convicted of a crime under Article 344 of the Revised Penal Code. Ms. Gomez, the victim of the crime, wonders if their marriage can be considered as totally extinct.

Based on Articles 266-C and 344 of the Revised Penal Code, provide your analysis on whether the marriages between the offender and the offended party can be considered as totally extinct. Discuss the legal consequences and implications of total extinction of marriage in these scenarios.

1. Discuss the requirements and conditions for marriage to be considered as totally extinct.
2. Analyze the legal effect of total extinction of marriage on various aspects such as property rights, custody of children, and marital obligations.
3. Explain the significance of total extinction of marriage in the context of criminal justice and the rights of the offended party.
4. Discuss any exceptions or limitations on the concept of total extinction of marriage in the Philippine legal system.

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Answer