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Marriage (Art.1-54 FC)

Total questions: 72

Worksheet time: 39mins

Name
Class
Date
1.

True or False. Marriage is a special contract between a man and a woman. It is a permanent union.

a)

True

b)

False

2.

What are the ways of terminating marriage in the eyes of the law? Check all that apply

a)

Legal separation

b)

Judicial Declaration of Nullity of Marriage

c)

Judicial Declaration of Annulment

d)

Affidavit of Reappearance of the absent spouse

3.

What are the 2 essential requisites for a valid marriage?

4 lines
4.

What are the 3 formal requisites of a valid marriage?

4 lines
5.

Shrek and Fiona want to marry but are below 18 years of age. Can the marriage proceed if their parents give consent?

a)

No, it is still void under the law

b)

Yes, because their parents already gave consent, therefore ratifying the marriage contract

c)

No, marriage can only be ratified once the couple have reached the age of majority

d)

Yes, both of the contracting parties have full civil capacity

6.

Ariel decided to marry Prince Erik, she signs the marriage contract with the solemnizing officer before her but forgets to verbally declare that she consented to the marriage “. Is the marriage void?

a)

Yes, the absence of an essential requisite such as consent makes the marriage void ab initio

b)

Yes, consent must be declared before the solemnizing officer

c)

No, the absence of consent doesn’t affect the marriage, it merely means that officers or persons who are responsible for this can be criminally, civilly or administratively liable

d)

No, consent may be implied so long as there is a semblance of a declaration

7.

Does an insane person have the capacity to contract a marriage?

a)

Yes, because he or she is still a natural person and has a right to choose to get married

b)

No, incapacity is one of the restrictions of civil capacity

c)

Yes, if it was contracted during a lucid interval

d)

No, since the person is insane, consent must be given by his or her parents or legal guardian

8.

Is a marriage without an authorized solemnizing officer valid?

a)

Yes, it doesn’t affect the validity of the marriage

b)

No, absence of formal requisites make a marriage void ab initio

c)

Yes, it is only the absence of a marriage license that makes a marriage void

d)

No, since the solemnizing officer committed a criminal act by not exhibiting his authorization

9.

Brienne and Jaime want to get married. They live in Manila but want to get married in Tagaytay. Is their marriage void if the marriage license was issued in Tagaytay?

a)

No, the place of issuance is not important since once obtained, the marriage license May be used in any part of the Philippines

b)

Yes, the absence if a valid marriage license is a ground for a marriage to be deemed void

c)

Yes, one of the requisites of a valid marriage license is that it must be issued in the place where the marriage application was filed

d)

No, the requirements for marriage license are merely directory and don’t affect the status of the marriage

10.

Brienne and Jaime successfully get their marriage license, but decide to go on a road trip across the entire Philippines for 6 months. They plan to get married after their road trip is done. Would their marriage still be considered valid?

a)

No, since their marriage license would be expired at that point

b)

No, since they should get married as soon as the marriage license is issued

c)

Yes, since a marriage license is a formal requisite and it’s irregularity doesn’t affect the status of the marriage

d)

Yes, a marriage May be contracted at any time and at any place.

11.

True or False. Judge Tyrion Lannister solemnized a marriage between spouses Jeoffrey and Sansa but forgot to forward copies of their marriage certificate to the local civil registrar. Their marriage is deemed voidable.

a)

True

b)

False

12.

Deku and Ochako are both 20 years old and decide they want to marry. However, they failed to obtain the consent of their parents. Their marriage is

a)

Void ab initio

b)

Voidable

c)

Not affected

13.

Judge Dredd required a couple to sign the marriage contract before solemnizing the marriage. The marriage is ...

a)

Voidable, because there is an irregularity in the solemnization of the marriage

b)

Not affected, since marriage contract is not a requisite of a valid marriage

c)

Void, because solemnization must come before issuance of marriage contract

14.

True or False. A judge from Quezon may solemnize a marriage in Laguna.

a)

True

b)

False

15.

Pastor Opinión solemnized a marriage between Roman Catholics. This marriage is...

a)

Not affected

b)

Void

c)

Voidable

16.

Romeo and Juliet decide to run away and get married on a cruise ship docked at Manila on its way to Hong Kong. Unfortunately, a ship’s pipe burst open and caused a massive fire aboard the ship. Trapped inside with no way out, the couple decide to ask the Captain of the Ship to solemnize their marriage. Their marriage is...

a)

Voidable

b)

Void

c)

Valid

17.

Filipino Citizens, Jean and Scott wanted to have a destination wedding in Japan, but because of COVID they solemnized their marriage at the office of the consul general, Scott’s friend, in Manila. Their marriage is...

a)

Valid

b)

Voidable

c)

Void

18.

True or False. During a local fiesta, both the Mayor and Vice-Mayor are gunned down by a rider on a motorcycle. The highest ranking sangguniang bayan member then assumes the role of the local chief executive. He may automatically exercise his powers and duties, except regarding solemnization of marriages.

a)

True

b)

False

19.

Fr. David was approached by his law students to solemnize their Marriage. Fr. David assured them his license had been renewed despite the fact that both students knew that his license had already expired. The marriage was celebrated but when arranging the documents Fr. David noticed that his license wasn’t renewed after all. May Fr. David be held liable?

a)

Yes, because he operated without authority to solemnize a marriage

b)

No, because the spouses already knew about his license and allowed the marriage to take place regardless

c)

Yea, because he acted with negligence and should have done his due diligence

d)

No, because he acted in good faith

20.

Edward and Bella are not a fan of big weddings, so they plan a small wedding celebration at the backyard of their house. Their marriage is later solemnized by a duly authorized officer; however, they failed to request in writing that their marriage be solemnized in a place designated by them. Their marriage is...

a)

Valid

b)

Void

c)

Voidable

21.

Local Civil Registrar Bran received a marriage application from Cersei and Jaime. Upon review of the documents, Bran discovered that the couple were actually brother and sister. Bran should...

a)

Inform the Judge and have the marriage application cancelled

b)

Delay the processing of the application

c)

Note the impediment and process the application

d)

Put the application on hold

22.

When is parental consent needed?

a)

Parties are below 18

b)

Parties are above 21 but below 25

c)

Parties are above 18 but below 21

d)

Parties reach the age of majority

23.

Civil Registrar Chuckie Finster forgot to bring his glasses to work one day. A couple who appeared to be 50 years old came before him, and he granted them a marriage license. However, it turns out they were both 20 years old but they had already gotten married. Their marriage is...

a)

Valid

b)

Void

c)

Voidable

24.

True or False. Absence of parental advice is a ground for annulment

a)

True

b)

False

25.

If a certificate of marriage counseling is not attached to the application in how long will the marriage license be released?

a)

60 days

b)

120 days

c)

3 months

d)

4 months

26.

If either or both parties are citizens of the U.S. they can obtain a marriage license in the Philippines if they submit...

a)

Affidavit stating their capacity to contract marriage

b)

Birth certificate issued by their country

c)

Certificate of Legal Capacity issued by the US Consulate

d)

The same documents required of Filipino Citizens

27.

True or False. A local civil registrar May withhold issuance of marriage license to foreigners who have not presented a certificate of legal capacity.

a)

True

b)

False

28.

What is the best evidence for marriage?

a)

Baptismal Certificate

b)

Birth Certificate of a common child

c)

Marriage Certificate

d)

Public and Open Cohabitation

29.

The validity of the marriage between Kathniel and Jadeen is being questioned on the basis that there was no official record of the marriage. However, evidence was submitted supporting the existence of the marriage (i.e. passports, declaration under oath of one of the parties, and witnesses) The marriage is...

a)

Void

b)

Valid

c)

Voidable

30.

True or False. A marriage solemnized in another country and is valid according to the laws of the solemnizing country shall also be held valid in the Philippines. This is the principle of lex loci celebrationis.

a)

True

b)

False

31.

Jose was married to Mulan. Their marriage was solemnized in China by a village leader. However she failed to prove that this is part of the marriage laws of China. The marriage is...

a)

Valid

b)

Void

c)

Voidable

32.

Velma is an overseas worker. She left her Filipino husband in Manila and works in Canada and later became a Canadian Citizen. She filed for divorce. If Velma later chooses to become a dual citizen of Canada and the Philippines and contracts a second marriage to another Filipino, her divorce is considered...

a)

Invalid, since she has become a Filipino citizen again and The Rule of Nationality applies.

b)

Valid, since she was already a Canadian citizen at the tie she filed the divorce

c)

Valid, since her divorce to the first Filipino was already finalized

d)

Invalid, since she is no longer a natural-born Filipino citizen

33.

True or False. If Magi, a Filipino woman divorces her Japanese husband, Nissin, she is still allowed to remarry.

a)

True

b)

False

34.

Commander Erwin of a batallion unit is engaged in a training exercise in Sulu when they stumble upon a couple dying of starvation in the forest. The couple asks the Commander to solemnize their marriage, since they are ok the verge of death. May the Commander do so?

a)

Yes, since a commander May solemnize marriages between civilians

b)

No, a commander may only solemnize marriages of military personnel

c)

No, since they are not located in a zone of military operation

d)

Yes, he is qualified to do so in the absence of the chaplain assigned to the unit

35.

Dao Ming Si and Shan Caí are bed spacers in a large house in Sta. Ana Manila. They have been living together for 5 years and one day. If they decide to get married, would they need a marriage license?

a)

No, because the minimum requirement for couples that live with each other is 5 years

b)

Yes, because the requirement for exemption from marriage license is 7 years.

c)

Yes, because they have not lived with each other as husband and wife

d)

No, because they are already past the age of majority and May contract a valid marriage without a marriage license

36.

What are the marriages exempt from license requirement? Check all that apply.

a)

Marriages in artículo Mortis

b)

Cohabitation of man and woman for at least 5 years

c)

Marriages in far flung areas

d)

Marriages without an office of the local civil registrar

e)

Muslims & ethnic groups

37.

True or False. Ethnic Groups are exempted from complying with the requisites of marriage considering they have their own laws

a)

True

b)

False

38.

True or False. Sandy and Spongebob have been living together as husband and wife for 5 years. Spongebob’s legal wife, Pearl, died four years into Sandy and Spongebob’s cohabitation. Sandy and Spongebob may marry without need for a marriage license.

a)

True

b)

False

39.

True or False. Void marriage of two teenagers below 18 May be ratified by their parents through their consent.

a)

True

b)

False

40.

True or False. Morgan le Fay and Arthur, are of legal age, and contracted a marriage with each other. It is later revealed that they are long lost siblings. Since the marriage was contracted in good faith, it is still valid.

a)

True

b)

False

41.

If either of the contracting parties believes in good faith that a solemnizing officer has authority to solemnize the marriage, the marriage is...

a)

Voidable

b)

Void

c)

Valid

42.

Who may directly attack a void marriage?

a)

Husband and wife

b)

The guilty spouse’s heirs

c)

The innocent spouse

d)

The innocent spouse’s heirs

43.

True or False. Mariah filed a complaint for support against her husband Alexander to compel him to support their child. Alexander alleges that they were not married. In this case, there is no need for a separate case to declare the marriage void since it may be attacked collaterally.

a)

True

b)

False

44.

Abbey married Jazen thinking she is a moral woman when she’d previously led an immoral life. Is the marriage void?

a)

Yes, because there has been a mistake in identity and she was actually a promiscuous person

b)

No, because it is merely voidable

c)

Yes, because she had deceived him into thinking she was a different person, therefore the marriage was contracted in bad faith

d)

No, because mistake in identity doesn’t apply to the character of a person

45.

True or False. For a marriage to be void under Art. 36 it must be apparent that the person must be psychologically incapacitated before the celebration of the marriage

a)

True

b)

False

46.

What are the three requisites for psychological incapacity to be ground for nullity of marriage? Check all that apply.

a)

grave

b)

incurable

c)

continuous

d)

juridical antecedents

47.

True or false. A psychologically incapacitated person is barred from contracting another marriage.

a)

True

b)

False

48.

Children born in a void marriage due to psychological incapacity are:

a)

Illegitimate

b)

Legitimated

c)

Legitimate

d)

Adopted

49.

A marriage between Jon Snow and his Aunt Dany is...

a)

Void

b)

Voidable

c)

Valid

50.

Robert and Cersei are the parents-in-law of Jeoffrey and Sansa. If Cersei dies and Sansa gets a judicial decree of nullity of marriage, may she and Robert get married?

a)

No, their relationship is one of parent and child, therefore against public policy

b)

Yes, the bonds of marriage are terminated by death and nullity. Robert and Sansa are free to marry

c)

No, both are prohibited from contracting a second marriage

d)

Yes, there is no provision prohibiting a father-in-law from marrying a daughter-in-law

51.

Jon is the illegitimate child of Arya’s adoptive father. If they decide to contract a marriage, their marriage will be...

a)

voidable

b)

valid

c)

void

52.

David falls in love with Bathsheba, the wife of Uriah. He later kills Uriah and marries Bathsheba. Their marriage is...

a)

Valid

b)

Voidable

c)

Void

53.

True or False. The action or defense for the declaration of absolute nullity of marriage prescribes during the lifetime of the parties

a)

True

b)

False

54.

Absolute nullity of a previous marriage May be invoked to contract a subsequent marriage.

a)

No, because marriage is a sacred institution and cannot be contracted arbitrarily

b)

Yes, because a marriage that is void ab initio never existed in the first place

c)

No, because nullity doesn’t mean the bonds of marriage are extinguished

d)

Yes, because judicial decree of nullity of marriage allows the spouse to contract a subsequent marriage

55.

Robert claims he is in a void marriage with his first wife Elia, although there is no JDNOM. Thus, his second marriage to Cersei is...

a)

Void

b)

Valid

c)

Voidable

56.

Elizabeth and Will Turner are married. Will is a seaman and suddenly vanished without a trace. Elizabeth falls in love with Will’s friend Jack. How many years must Will be missing before Elizabeth can file a Judicial Declaration of Presumptive Death and marry Jack?

a)

3

b)

4

c)

2

d)

5

57.

Will and Elizabeth were married until Will was lost at sea. Elizabeth filed a Judicial Declaration of Presumptive Death and married Will’s friend Jack. However, Will returns a few years later and files an Affidavit of Reappearance of the Absent Spouse. The marriage of Elizabeth and Jack is...

a)

Voidable

b)

Valid

c)

Void

58.

Elizabeth and Jack are married with two children. If Elizabeth’s first husband Will, files an Affidavit of Reappearance of Absent Spouse, her children with Jack are...

a)

Legitimated

b)

Adopted

c)

Illegitimate

d)

Legitimate

59.

True or False. After issuance of JDPD, the properties of the 1st marriage should be liquidated. If they are not liquidated complete separation of property will apply.

a)

True

b)

False

60.

After how many years may the succession for an absentee spouse be commenced?

a)

5 years

b)

4 years

c)

10 years

d)

2 years

61.

If both Elizabeth and Jack knew Will was still alive and still contracted the marriage their marriage is...

a)

Voidable

b)

Valid

c)

Void

62.

Rudolphus & Bellatrix got married since they had known each other for a long time. However, at the time of the marriage, Rudolphus realized that Bellatrix had difficulty understanding the marriage contract. Their marriage is...

a)

Void

b)

Valid

c)

Voidable

63.

Anne pretended to be pregnant to force Henry to marry her. The marriage is...

a)

Voidable

b)

Void

c)

Valid

64.

Ramsay forced Sansa to marry him. He threatened her and beat her. Their marriage is...

a)

Valid

b)

Voidable

c)

Void

65.

After their marriage to each other Margaery discovered that her husband Renly had STDs which were acquired during the course of their marriage. Their marriage is...

a)

Valid

b)

void

c)

Voidable

66.

True or False. Only the same spouse can ratify a marriage by free cohabitation.

a)

True

b)

False

67.

Who may file suit in a voidable marriage contracted between parties aged 18-21 years without the consent of their parents? Check all that apply.

a)

Parent

b)

“No consent” party

c)

Injured Party

d)

Guardián

68.

Who may file an action against the voidable marriage of unsound mind? Check all that apply.

a)

Sane person who discovered insanity after marriage

b)

Insane person during lucid interval

c)

Insane Spouse

d)

Relative or Guardian having legal charge of insane spouse

69.

True or False. The purpose of the fiscal appearing on behalf of the the state is to prevent collusion between parties and ensure that evidence is not fabricated or suppressed

a)

True

b)

False

70.

True or False. If a child is below 7 years old, he/she shall go with the mother unless the court says otherwise.

a)

True

b)

False

71.

True or False. Former spouses May only remarry again if the JDAOM, the partition and distribution of the properties of spouses and the delivery of presumptive legitimes are filed with the appropriate civil registry.

a)

True

b)

False

72.

Children born after the JDAOM are considered...

a)

Legitimate

b)

Legitimized

c)

Illegitimate

d)

Adopted