Ana Beatha V. Castil - 11580534 PFR Exercise and Obq 3

ANA BEATHA V.
CASTIL | 11580534
PFR EXERCISE AND OBQ 3
1. The Family Code or EO No. 209 took effect on August 3, 1988.
2. Art. 257 states that the effectivity of FC should be on August 3, 1988. A year after
the completion of its publication in a newspaper of general circulation. This is to
be able to inform the public of which laws to apply, whether it is after the
effectivity of the Family Code or before it.
3. There was express repeal on certain provisions of the New Civil Code and
implied repeal on laws, decrees, executive orders, proclamations and regulations
that are inconsistent with the Family Code.
4. The Study of Persons and Family law is essential because its scope covers the
laws that govern marriages to recognize the sanctity of family life which is
founded on what the real essence of marriage is, the concept of consent.
Consent freely given between a man and a woman that they are taking each
other as husband and wife in the presence of a solemnizing officer. Such in the
case of De Mijares v. Villaluz, the facts of the case showed that all ingredients of
a valid marriage were present. The case also pointed out the importance of the
sanctity of family life and how the law protects it from people who take
contracting of marriages lightly.
5. Marriage by proxy is void according to Articles 2 and 3 of the Family Code. Both
Articles require that the parties must present themselves to the solemnizing
officer. In Art. 2, the requirement is to give their consent freely in the presence of
the solemnizing officer and in Art. 3, a marriage ceremony only takes place in the
appearance of the solemnizing officer with the declaration that they take each
other husband and wife with the presence of two witnesses of legal age.
6. VALID. A marriage ceremony that does not comply strictly with Article 3 still
results in a valid marriage and that Art. 6 & 8 are directory provisions.
7. The essence of marriage is the giving of consent between a man and a woman in
the presence of a solemnizing officer.
8. No. According to Art. 7 of the FC which provides for a list of only those who are
authorized to solemnize marriages does not include ambassadors. Ambassadors
have more political function.
9. According to Article 7 (2) of the FC, at least one of the parties should belong to
the solemnizing officer’s religious sect. This renders the marriage void due to
absence of authority of the solemnizing officer. However, in cases where the one
or both of contracting parties, in good faith, believe that the solemnizing officer
had authority, the marriage is considered valid.
10. In the case of Martinez v. Tan, it was pointed out that the very essence of
marriage is that parties must declare that they take each other as husband and
wife in the presence of a solemnizing officer and that a ceremony does not have
a particular form to be valid. The parties in this case were able to understand the
contents of the documents they signed in the presence of a solemnizing officer.
On the other hand, in the case of Morigo v. People, there was no marriage
ceremony because it was mere signing of a contract between parties without the
presence of a solemnizing officer.
OBQ
1. No, John may no longer claim marital rights in Manila. In the case of Van Dorn v.
Romillo, the Court ruled that after Alice Reyes and Richard Upton divorced in
Nevada, Richard also lost his marital rights in Manila. He wanted to sue Alice to
exercise control over their conjugal assets but does not have the personality
anymore as he is no longer the husband of the petitioner.
2. A provisional personality as discussed in the case of Quimiging v. ICAO and

based on Art. 40 of the Civil Code of the Philippines, where a conceived child,
although not yet born is given by law a provisional personality of its own and for
all purposes favorable to it. The Court ruled in this case that the unborn child has
the right to support from its parents.
3. According to the case Limjoco, an estate of a deceased person is an artificial

person for the purpose of settling and distributing his properties. Artificial persons
include (1) a collection or succession of natural persons forming a corporation;
(2) a collection of property to which the law attributes the capacity of having
rights and duties.
4. In the case of Braganza v. De Villa Abrille, it was found that the two minors were
liable because at the time they received the money from De Villa Abrille, they
were found liable under the Civil Code as they have benefited from it as support.
The defense of minority may be only be raised if both Rodolfo and Guillermo
misrepresented themselves to be of the age of majority when they agreed to sign
the promissory note, and if this was the case, the decision of the Court in the
case of Mercado v. Espiritu may apply, absolving them from liability.
5. Minors are not capacitated to exercise the following:

- suffrage as provided for by the law, suffrage may only be exercised by all
Filipino citizens, not otherwise disqualified by law, who are at least 18 years
of age, residing in the Philippines for at least one year
- enter marriage as provided for by the Art. 5 of the FC, any male or female
eighteen years or upwards without impediment
- enter into contracts as provided for by the Civil Code that unemancipated
minors because contracts entered by parties incapable of giving consent are
voidable, annullable and unenforceable.

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ANA BEATHA V.

1. The Family Code or EO No. 209 took effect on August 3, 1988.

2. A provisional personality as discussed in the case of Quimiging v. ICAO and

3. According to the case Limjoco, an estate of a deceased person is an artificial

5. Minors are not capacitated to exercise the following:

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