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    1 Persons and Family Relations Answer

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    joemark viola
    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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    1 Persons and Family Relations Answer

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    joemark viola
    72 views3 pages
    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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    PERSONS PART I

    Original Title

    1 PERSONS AND FAMILY RELATIONS ANSWER

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    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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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    72 views3 pages

    1 Persons and Family Relations Answer

    Uploaded by

    joemark viola
    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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    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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