MADERAZO, RALPH CHRISTER A.

JD- 1 JANUARY 24, 2021

1. A. The marriage is not valid. Marriage license is a formal requisite of marriage. Absence of any essential or
formal requisite of marriage shall render the marriage void ab initio. The judge who solemnized their
marriage was outside of his jurisdiction. The judge was the executive judge of the RTC of Cagayan de Oro
City. The civil ceremony happened in Dapitan City which is outside of his jurisdiction. They should request
the solemnizing judge in writing and stipulated in the sworn statement their designated place to have their
ceremony. In this case, there is no marriage license provided by both contracting parties and the judge has
no authority, the marriage is not valid.

B. The marriage is not valid. At the time of marriage ceremony, there was no marriage license. Marriage
license as a formal requisite of marriage is important. Absence of which declares marriage void ab initio.
But if the marriage happened on the day the marriage license was provided, it is valid.

C. The marriage is valid if the marriage license was issued by the Civil Registrar of Pagadian provided all
the other essential and formal requisites are present. The judge may not have authority to conduct civil
ceremony in Dapitan City but both of the parties requested the solemnizing officer to solemnized their
marriage in writing I presume.

D. The marriage is valid. No marriage license is necessary for marriage who have live together for at least
five year. In this case, the contracting parties executed prior to their marriage an affidavit of cohabitation
for five years as husbands and wife. Thus, the marriage is valid regardless of no marriage license can be
provided.

E. If the alien spouse obtained a valid divorce abroad and capacitated him to remarry, the Filipino spouse
shall also have that capacity. Jo obtained a valid divorce abroad and allowing him to remarry, Kama shall
also have the capacity to remarry.

F. No. A married Filipino remains married even if a divorce is obtained abroad because divorce is generally

not recognized in the Philippines. In this case, their marriage will still be valid and succeeding contracts of
marriage are void.

G. The marriage will not be valid. Marriage license is a formal requisite of marriage. Absence of any
essential or formal requisite of marriage shall render the marriage void ab initio.

2. X and Y were cousins and married each other by an Imam. It is not mentioned that one of the parties is a Muslim.
An Imam has the authority to solemnize marriage and provided that at least one of the contracting parties belongs to
the solemnizing officer’s church or religious sect. Marriages between first cousins are incestuous and void ab initio.

3. The marriage is not valid. Serena Kabayo is still 17 years old, which is not the age of majority and in contrary to
Article 5 of the Family Code of the Philippines. Parent’s consent only applies to 18 to 21 years old. But in this case,
Serena Kabayo is still 17 years old.

4. If the spouse obtained a valid divorce abroad and capacitated him to remarry, the other spouse shall also have that
capacity to remarry. They are both American Citizens and divorce is valid in their law. Anghit obtained a valid
divorce and capacitated him to remarry. Safin also have the capacity to remarry. In this case, Safin and Roger’s
marriage is valid provided that all the formal requisites and essential requisites are present. They are of legal
capacity, consent is freely given, there is authority of the solemnizing officer, a valid marriage license is provided
and there is a valid marriage ceremony.

5. Psychological incapacity is a person’s inability to comply with his (or her) marital obligations to his (her) spouse.
These marital obligations include giving mutual love and help, respect, fidelity and support to the other. The party’s
incapacity stems from a root cause which is determined by an expert, like a psychiatrist. If the expert finds him such,
then he can recommend that the marriage be declared void ab initio (from the beginning). One instance is that an
essential marital obligation is to procreate a child based on the universal principle that procreation of children
through sexual cooperation is the basic end of marriage. When one spouse does not fulfill the obligation to have
sexual intercourse and create a child, it destroys the integrity and wholeness of the marriage. Another instance is
after they marriage, a spouse started exhibiting signs of incompatibility. He no longer cared for and disrespected his
wife. He even refused to be intimate with her. He then stopped giving her support. In short, he ceased being what a
husband should be to the wife. This resulted in irreconcilable differences where eventually the spouses could no
longer tolerate each other. There was no third party involved. The wife sought professional assistance from a
psychiatrist. The psychiatrist found out some explanations which was the root cause of his psychological incapacity.

6. The marriage is not valid since there is no marriage license provided. Marriage license is exempt on in articulo
mortis. A was rescued and not at the point of death. B was only in fear that there might be another danger that will
occur. Danger of Death is not applicable to marriage in articulo mortis.

7. A. The marriage is valid. Marriage in articulo mortis maybe applicable because Timmy was at the point of death
and marriage license is not required.

B. The marriage will still be valid. Marriage in articulo mortis may still be applicable when one of the parties
survive. If Timmy survived and recovered, marriage will still be valid.