2017 BAR EXAMINATION

CIVIL LAW

Question # 1
State whether the following marital unions are valid, void or voidable, and
give the corresponding justifications for your answer:
(a) Ador and Becky’s marriage wherein Ador was afflicted with AIDS prior
to the marriage. (2%)
(b) Carlo’s marriage to Dina which took place after Dina had poisoned her
previous husband Edu in order to free herself from any impediment in
order to live with Carlos. (2%)
(c) Eli and Fely’s marriage solemnized seven years after the disappearance
of Chona, Eli’s previous spouse, after the plane she had boarded crashed
in the West Philippine Sea. (2%)
(d) David who married Lina immediately the day after obtaining a judicial
decree annulling his prior marriage to Elisa. (2%)
(e) Marriage of Zoren and Carmina who did not secure a marriage license
prior to their wedding, but lived together as husband and wife for 10
years without any legal impediment to marry. (2%)
 (A)

The marriage is voidable, because Ador was afflicted with a serious

and incurable sexually-transmitted disease at the time of marriage.
For a marriage to be annulled under Article 45(6), the sexually-
transmissible disease must be: 1) existing at the time of marriage; 2)
found to be serious and incurable; and 3) unknown to the other party.
Since Ador was afflicted with AIDS, which is a serious and incurable
disease, and the condition existed at the time of marriage, the
marriage is voidable, provided that such illness was not known to
Becky.
 (B)

The marriage of Carlos to Dina is void for reasons of public

policy. Article 38(9) of the Family Code provides that marriage
between parties where one, with the intention to marry the other,
killed that other person’s spouse or his or her own spouse is void
from the beginning for reasons of public policy.
 (C)

The marriage is void under Article 35(4) in relation to Article 41 of the

Family Code. The requisites of a valid marriage under Article 41 are as follows:
1) the prior spouse had been absent for four consecutive years, except when
the disappearance is in danger of death which only requires two years; 2) the
present spouse had a well-founded belief that the absent spouse was already
dead; and 3) the spouse present must institute a summary proceeding for
declaration of presumptive death. There is nothing in the facts that suggest
that Eli instituted a summary proceeding for declaration of presumptive death
of previous spouse and this cannot be presumed. Thus, the exception under
Article 35(4) is inapplicable and the subsequent marriage is void.

ALTERNATIVE ANSWER

If the marriage was celebrated under the New Civil Code, the marriage
would be valid, as no declaration of presumptive death is necessary under
Article 391 of the said Code.
 (D)

The marriage is valid as there were no facts showing that David and Elisa
have properties and children, which would render the marriage void under
Article 53 of the Family Code in relations to Article 52. In addition, David and
Lina have no impediment to marry.

ALTERNATIVE ANSWER

If the spouses have properties and children, the marriage is void under
Article 53 of the Family Code in relation to Article 52. For a marriage
subsequent to a judgment of annulment of a previous marriage to be valid,
the properties of the spouses must have been partitioned and distributed, the
presumptive legitimes of children, if any, must have been delivered, and the
aforementioned facts must be recorded in the civil registry and registries of
property. The marriage was entered into the day after the obtaining of a
judicial decree of annulment and it would have been impossible for David to
comply with the requirements in such a short time. Therefore, the marriage is
void.
 (E)

If Zoren and Carmina lived together as husband and wife for 10

years prior to their marriage, then the marriage is valid, despite the
absence of the marriage license. An exception to the rule that a
marriage shall be void if solemnized without license under Article
35(3) is that provided for under Article 34 of the Family Code. When
a man and woman have lived together as husband and wife for at
least 5 years and without any legal impediment to marry each other,
they may celebrate the marriage without securing a marriage license.