INSTRUCTIONS:

Use this website to share your legal mind. Please feel free to post your Suggested Answers to these Bar Questions. You can also view and response to the opinions of others.

4. Kasal o Kasalanan?

Gigi and Ric, Catholics, got married when they were 18 years old. Their marriage was solemnized on August 2, 1989 by Ric’s uncle, a Baptist Minister, in Calamba, Laguna. He overlooked the fact that his license to solemnize marriage expired the month before and that the parties do not belong to his congregation. After 5 years of married life and blessed with 2 children, the spouses developed irreconcilable differences, so they parted ways.

While separated, Ric fell in love with Juliet, a 16 year-old sophomore in a local college and a Seventh-Day Adventist. They decided to get married with the consent of Juliet’s parents. She presented to him a birth certificate showing she is 18 years old. Ric never doubted her age much less the authenticity of her birth certificate. They got married in a Catholic church in Manila. A year after, Juliet gave birth to twins, Aissa and Aretha.

   (1) What is the status of the marriage between Gigi and Ric – valid, voidable or void? Explain. 2.5 %

   (2) What is the status of the marriage between Ric and Juliet – valid, voidable or void? Explain. 2.5%

   (3) Suppose Ric himself procured the falsified birth certificate to persuade Juliet to marry him despite her minority and assured her that everything is in order. He did not divulge to her his prior marriage with Gigi. What action, if any, can Juliet take against him? Explain. 2.5%

   (4) If you were the counsel for Gigi, what action/s will you take to enforce and protect her interests? Explain. 2.5%

1 comment:

Anonymous said...

IV.

1.

The marriage between Gigi and Ric is valid. Their marriage suffers merely from an irregularity in one of the formal requisites, that is, authority of the solemnizing officer. The Family Code is explicit that an irregularity in the formal requisites shall not affect the validity of marriage.

2.

The marriage between Ric and Juliet is void on two grounds: (1) it was contracted by a party less than 18 years old; and (2) it is bigamous.

3.

Juliet can file a complaint for seduction against Ric.

4.

Gigi can file a case for legal separation and a criminal case for bigamy.