Question I, Civil Law, 2017 Bar Exam

State whether the following marital unions are valid, void, or voidable, and give the corresponding justifications for your answer:

(a) Ador and Becky's marriage wherein Ador was afflicted with AIDS prior to the marriage. (2%)

(b) Carlos’ marriage to Dina which took place after Dina had poisoned her previous husband Edu in order to free herself from any impediment in order to live with Carlos. (2%)

(c) Eli and Fely’s marriage solemnized seven years after the disappearance of Chona, Eli’s previous spouse, after the plane she had boarded crashed in the West Philippine Sea. (2%)

(d) David who married Lina immediately the day after obtaining a judicial decree annulling his prior marriage to Elisa. (2%)

(e) Marriage of Zoren and Carmina who did not secure a marriage license prior to their wedding, but lived together as husband and wife for 10 years without any legal impediment to marry. (2%)

Suggested Answer:

(a) The marriage is voidable. Answer

Under the Family Code, a ground for voidable marriage is that either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable, existing at the time of the marriage. Rule

In the case at bar, Ador was afflicted with AIDS prior to the marriage. AIDS is a sexually-transmissible disease that is serious and is currently incurable. Apply

Thus, the marriage between Ador and Becky is voidable. Conclusion

(b) The marriage is void. Answer

Under the Family Code, a ma...

 



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