Print Bar Questions!!!!

Situation #1:

A and B, both Filipinos, married in Bulacan. Thereafter, they migrated to US. After 10 years, B married C.
Before this marriage of B and C, divorce decree was obtained, and A became a citizen of New York
(alien).

Status of marriage between B and C? Which law should govern?

B remains as filipino national. Philippine law should govern their marriage. Requisites to capacitate one
to remarry must be complied with.

Requirement:

1. Alien spouse must be capacitated to remarry for the filipino spouse to remarry also.
2. Divorce decree should be obtained when one of the Filipino spouses acquired foreign
citizenship. Date when divorce decree was obtained and the date when naturalized should be
considered.
3. Who obtained the divorce decree? Article 26, the alien spouse shall obtain the divorce decree
while in Rep v Manalo, allows the Filipino spouse to obtain divorce decree.

Court remanded the case for further proceeding.

Legal basis:

Article 15, NCC and Article 26, paragraph 2 FC in relation to Republic v. Manalo (Jurisprudence) READ
THE FULL TEXT dissenting and concurring decisions!!!

Manalo and Garcia Case – Remanded the case!!!

Family Code effectivity period: August 3, 1988

Situation #2:

July 30, 1988, A and B both are residents of Marikina City. Eloped and went to Manila City Hall to apply
for marriage license. San Mateo Rizal issued such marriage license to them. A was only 17 years old.

In 1990, A and B were married in Taguig by City Mayor of Makati.

C and D witnesses, both are 16 years old.

What law should govern? Territorial jurisdiction of the solemnizing officer Aranas Case; 18 at the time
of marriage, okay na sa FC!!!
May be void since the 2 witnesses lack of legal age. --- wrong answer since not part of formal
requisites! Hence, in this case, only irregularity may be observed.

In relation to marriage license, Art 21 FC, aliens shall obtain certificate of legal capacity to marry.

Status of the marriage? Lack of certificate of legal capacity does not make the marriage void rather
irregularity only. Garcia case!!!

120 days reckoned from the issuance of marriage license. By August 5 di pa nag eexpire yung license.

In this case, no parental consent thus will make the marriage voidable.

Who will be responsible for the irregularities? It depends on the parties or CR.