Quiz Persons and Family Relations

1. The wife’s petition to declare WILFREDO N. MATIAS absent or presumptively dead

under Article 41 of the Family Code of the Philippines cannot prosper for the purpose of
claiming financial benefits due to him as former military officer. *

True, under Article 41 of the Family Code, the purpose of the declaration of
presumptive death is for remarriage. There is no need for such declaration if the
purpose is to claim financial benefits and not for remarriage.

2. The petition to declare the marriage on the ground of psychological incapacity cannot
prosper if the ground is as follows: That from the time of their marriage up to their
separation in July 1987, their relationship had been marred with bitter quarrels which
caused unbearable physical and emotional pains on the part of the plaintiff because
defendant inflicted physical injuries upon her every time they had a troublesome
encounter. *

True. Psychological Incapacity means the inability to comply with the essential marital
obligations of marriage which must exist at the time the marriage was consummated.
The ground cited does not show the characteristics of psychological incapacity which is
gravity, juridical antecedence and incurability.

3. The marriage may be declared null and void on the ground of psychological
incapacity even if the spouse alleged to be psychologically incapacitated was not
examined by a psychologist.

True. If the totality of the evidence brings about the finding of the presence of
Psychological incapacity. There is no need for examination by an expert.

4. The in pari delicto rule does not apply in psychological incapacity.

True. The law cannot leave the parties where they are at in view of the interest of
justice. Moreover, what is governing is the presence of the characteristics of
psychological incapacity and the totality of the evidence showing its existence at the
time of the marriage. Thus, the fact that both parties suffer from such has no
application.

5. The petition for nullity of marriage filed by German Spouses on the ground of
psychological incapacity cannot prosper in the Philippines.

True. The nationality principle applies. The laws concerning family rights and duties, as
well as the status, condition and legal capacity of persons, shall govern a filipino citizen
although living abroad. This nationality principle under Article 15 of the Civil Code,
excludes the application on non-filipinos.

6. Cite at least 3 cases where the SC granted the petition to nullify the marriage on the
ground of psychological incapacity.

Kalaw vs Fernandez
Marcos vs Marcos
Toring vs Toring