Question
I have 1 hour to answer these questions. please help me Marriage; Property Relations; Void Marriages(1991) In June 1985, James married Mary. In September 1988,
I have 1 hour to answer these questions. please help me
Marriage; Property Relations; Void Marriages(1991)
In June 1985, James married Mary. In September 1988, he also married Ophelia with whom he begot two (2) children, A and B. In July 1989, Mary died. In July 1990, he married Shirley and abandoned Ophelia, During their union. James and Ophelia acquired a residential lot worth P300,000.00.
Ophelia sues James for bigamy and prays that his marriage with Shirley be declared null and void. James, on the other hand, claims that since his marriage to Ophelia was contracted during the existence of his marriage with Mary, the former is not binding upon him, the same being void ab initio he further claims that his marriage to Shirley is valid and binding as he was already legally capacitated at the time he married her.
a)Is the contention of James correct?
b)WhatpropertyRelationsgovernedtheunionofJamesand Ophelia?
c)IstheestateofMaryentitledtoashareintheresidential lot acquired by James and Ophelia?
Marriage; Psychological Incapacity (1996)
OnApril15,1983,Jose,anengineer,andMarina,anurse, were married to each other in a civil ceremony in Boac, Marinduque.Six months after their marriage, Jose was employed in an oil refinery in Saudi Arabia for a period of three years. When he returned to the Philippines, Marina was no longer living in their house, but in Zamboanga City, working in a hospital. He asked her to come home, but she refused to do so, unless he agreed not to work overseas anymore because she cannot stand living alone. He could not agree as in fact, he had signed another three year contract. When he returned in 1989, he could not locate Marina anymore. In 1992, Jose filed an action served by publication in a newspaper of general circulation. Marina did not file any answer, a possible collusion between the parties was ruled out by the Public Prosecutor. Trial was conducted and Marina neither appeared nor presented evidence in her favor.
Ifyouwerethejudge,willyougranttheannulment.Explain.
Marriage; Psychological Incapacity (2006)
Gemma filed a petition for the declaration of nullity of her marriage with Arnell on the ground of psychological incapacity. She alleged that after 2 months of their marriage, Arnell showed signs of disinterest in her, neglected her and went abroad. He returned to the Philippines after 3 years but did not even get in touch with her. Worse, they met several times in social functions but he snubbed her. When she got sick, he did not visit her even if he knew of her confinement in the hospital. Meanwhile, Arnell met an accident which disabled him from reporting for work and earning a living to support himself.
WillGemma'ssuitprosper?Explain.
Marriage; Psychological Incapacity (2006)
Article36oftheFamilyCodeprovidesthatamarriagecontracted by any party who, at the time of the celebration, waspsychologicallyincapacitatedtocomplywiththe essential marital obligations of marriage, shall be void. Choosethespouselistedbelowwhoispsychologically incapacitated. Explain.
a)Nagger
b)Gay or Lesbian
c)Congenitalsexualpervert
d)Gambler e)Alcoholic
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