Question:

VII. (l) If Lito is alive,

what is the status of his marriage to Lita? (1%)
======================

While it is true that Lito,

the absentee, can be presumptively
dead under Art. 391 because of
his absence for four (4) years or
more, still there is a need for
judicial declaration of his death.
Without this judicial declaration,
he would still be alive for all
purposes and therefore my
answer would be A, his marriage
subsists because it has not
been terminated by death.

(Note that the question asked by

the examiner is "WHAT IS THE STATUS OF
HIS (Lito) MARRIAGE TO LITA?")

Now comes the second question,

"If Lito is alive, what is the status
of Lita's marriage to Jaime? (1%)

According to Art. 83, it is valid

"The marriage so contracted
shall be valid in any of the
three cases until declared
null and void by a competent court."

So we have here a somebody Lito

whose marriage to Lita still
subsists and Lita who marriage
to Jaime is valid until declared
null adn void by a competent court.