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Civ Rev 1 - April 3, 2019 5. a.

any contracting party between 21 and 25 be obliged to ask


parent or guardian consent for marriage - (False) not consent but
Discussion of the MidTerm Exams advice
Part 1 – MCQ-Type True or False b. annulment may be filed by parents within 2 years before child
a-TT, b-FF, c-TF, d-FT turn 21 – (True) anytime until child is 21

1. a. valid if solemnized outside judge’s jurisdiction who not legally 6. a. absence of essential reqs - void ab initio – (True)
authorized by law – (False) Court’s jurisdiction, not legally b. X died in 1987, marriage bet X and Y, stepsibling, void. (True) by
authorized - Arañez Case public policy – FC effective 1988, the marriage solemnized bef 87,
b. voidable if either is afflicted with STD at the time of marriage, under CC.
regardless of nature – (False) concealment or, if not, serious nature 7. a. children of subsequent marriage under Art 41 prior termination
2. a. children subsequently conceived after reappearance of legitimate. – (True) Conceived - born before termination, conceived
absentee spouse shall be illegitimate – (False) mere reappearance before termination
does not affect, only on the recording of the affidavit of b. solemnized in 1990 bet. Collateral blood rel. 4 civ degree –
reappearance incestuous and void from beginning. (True) bro and sis – incestuous,
b. foreign submit affidavit stating circumstances sowing capacity to after public policy within 4th civ degree.
marry. – (False) stateless are the ones required 8. a. step bro and sis in 1988 void – (False) dependent before or
3. a. proxy marriage valid elsewhere solemnized of the country shall during FC.
be valid in PH – (True) not prohibited, Art. 26(1) b. lifetime of spouse, only either may petition to nullity of marriage
b. alien and fil- fil obtained divorce capacitating the foreigner to – (False) former legal spouse.
remarry – (True) Rep. vs Manalo discussing Art. 26(2) 9. a. license be valid any part of Ph for 4 months – (False) no
4. a. annulment cannot be tried within 6 months from filing – (False) reckoning point, from issuance
– not required of a cooling off period b. lack of cert of leg cap does not affect validity of marriage – (True)
b. FC, annulment filed after 4 years from discovery of cause will not Garcia case
prosper. (False) – prescription dependent differently as to cause.
10. a. not irregularity one applicant bet 21 and 25 without parental b. legitimation of children died before celebration of marriage shall
advice. – (True) if issued after 90 days benefit their descendants – (True)

b. impediment known to LCR, not issue license unless ordered by 16. not irregularity f ML – e. none of the above
court - (False) shall issue unless barred by court order
17. 2nd cousins – a. neither incestuous nor contrary to public policy
11. a. donation for marriage in MS need not be revoked by donor if
marriage not celebrated - (True) donation is void 18. 22 and 20, widow, license jan 2, 2011, license issued jan. 15,
married may 15. – c. valid but irregularity I issuance of ML.
b. ACP, H and W place in common fund the proceeds, income, fruits
19. B and C residents of Makati, QC license, Manila marriage by
from separate property. (False) PIF will not form part of community.
Pasay RTC Judge – e. none of the above
12. a. illeg children may establish filiation same evid as legi - (True)
20. will of X, bequeath to a A died10am in June 1. Marriage 5 pm of
during the lifetime of the putative father. 172(2)
June 1 – c. separate property of A
b. marriage in 1989 bet daughter of A’s first cousins, is void. (False)
this 5th civil degree. Prohibited only up to 4th degree. 21. marriage license not required – d. all of the above

13. a. lack of cert does not affect validity – True 22. without benefit of marriage capacitated to marry. Jan 1, 06.
March 1, 2011, suffered heart attack, solemnized by z. – b. living for
b. only children conceived or born outside of deadlock of parents, at 5 years as H and q
time of conception, not capacitated to marry may be legitimated. –
23. married tacloban, A transferred in NewYork, obtained divorce in
(False) parents were not disqualified by any legal impediment, if age
– may be legitimated. Conceived and born 188, naturalized in 2001. 2002, a married c, b married d. b and d
valid? e. none of the above Rep vs orbisido art. 26(1)
14. a. adopter must be 16 years older that adopted – (False)
exceptions 24. a and b, solemnized in London, valid if – a. child of cousin

b. already of age cannot be adopted – (False) exceptions - inter- 25. a and b in London, void if – e. none of the above
country, only until 15 years old

15. a. person offered to give support shall pay allowance. (False)


there is option on how to give support