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1 Persons and Family Relations Answer

Harry's marriage to Elizabeth is not valid as his previous marriage to Wilma had not been legally dissolved. Harry's lawyer advises him to obtain official documents proving Wilma's foreign divorce in order to legally remarry. In a case between Chin and Jon, Chin's marriage performed abroad would be considered valid in the Philippines unless Jon can prove the marriage violated Philippine law. When spouses have debts, the family home is exempted up to Php 300,000 with the remainder subject to execution. Separate properties are exempted but conjugal properties are liable if insufficient to cover debts. The parents are liable for damages caused by their minor child, not the child

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136 views3 pages

1 Persons and Family Relations Answer

Harry's marriage to Elizabeth is not valid as his previous marriage to Wilma had not been legally dissolved. Harry's lawyer advises him to obtain official documents proving Wilma's foreign divorce in order to legally remarry. In a case between Chin and Jon, Chin's marriage performed abroad would be considered valid in the Philippines unless Jon can prove the marriage violated Philippine law. When spouses have debts, the family home is exempted up to Php 300,000 with the remainder subject to execution. Separate properties are exempted but conjugal properties are liable if insufficient to cover debts. The parents are liable for damages caused by their minor child, not the child

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joemark viola
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PERSONS AND FAMILY RELATIONS

I.
A. No, the marriage is not valid being a bigamous marriage.

Under the Family Code, a marriage contracted under a subsisting marriage is void from
the beginning.

Harry’s marriage with Wilma was not ipso severed by the act of the latter in
initiating a foreign divorce and remarrying Joseph. It is a well-settled rule that courts
cannot take judicial notice of foreign laws. Like any other facts, they must be alleged
and proved. Therefore, Harry’s marriage with Elizabeth is not valid.

B. As the lawyer of Harry, I will advice him that he must obtain a copy of the decree of
divorce of Wilma so that we could file and prove it to the proper court. By proving such
decree of divorce has the legal effect of capacitating him to remarry.

II.
A. I will decide the case in favor of Chin.

The Family Code partly provides that, all marriages solemnized outside the
Philippines, in accordance with the laws in force in the country where they were
solemnized, and valid there as such, shall also be valid in the Philippines, except those
prohibited marriages enumerated thereof.

By applying this provision, the argument of Jon by raising lack of authority of the
solemnizing officer is not tenable. Failure of Chin to show proof of the marriage laws of
China does not affect the validity of their marriage. It is Jon must prove the same since
he is the one who alleges.
B. The marriage of Chin and Jon is valid.
Under the Family Code, even if the solemnizing officer is not authorized to
solemnize, the marriage would be valid if either or both parties believe in good faith that
the solemnizing officer has the authority to do so.

The Baptist minister whose license to solemnize has expired one month prior
solemnizing the marriage of Chin and Jon does not affect the validity of the marriage.
Their marriage is valid provided, however, that either or both parties believe in good
faith that the solemnizing officer has the authority to do so.

III.
A. Under the law, the allowable amount for the family home to be exempted from
execution is Php 300,000.00 only. Mila and Gabby’s family home is Php 3,000,000.00,
therefore, the amount excess to Php 300,000.00 is subject for execution.

B. The mansion and the agricultural land are exempted since they have a complete
separation of properties. However, Gabby is liable to give a share to his wife’s obligation
if their conjugal properties would not suffice to pay the liabilities.

C. Even consent was not obtained their conjugal properties would still be liable if it
redowned for the benefit of the family.

IV.

The parents are the one liable.

Under the law, it is exclusively enumerated who must be liable for damages
caused by a minor. Guardians will only assume liability, if the minor has no parents that
will assume the liability.

Cathy here will not be considered as a guardian, therefore she would not be held
liable.

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