1. Under Article 2219 of the Civil Code, moral damages may be recovered in the cases specified therein, several of which are enumerated below.
Choose the case wherein you cannot recover moral damages. Explain. 2.5%
a) A criminal offense resulting in physical injuries
b) Quasi-delicts causing physical injuries
c) Immorality or dishonesty
d) Illegal search
e) Malicious prosecution
2. Article 36 of the Family Code provides that a marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall be void.
Choose the spouse listed below who is psychologically incapacitated. Explain. 2.5%
a) Nagger
b) Gay or lesbian
c) Congenital sexual pervert
d) Gambler
e) Alcoholic
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XVI.
1.
C, since there is no cause of action for immorality or dishonesty alone.
2.
B. The unwillingness or reluctance of a gay or lesbian to consummate marriage with his or her partner because of sexual preference – the usual case for gays and lesbians – is a strong indication of a serious personality disorder which clearly demonstrates an utter insensitivity or inability to give meaning and significance to the marriage.
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