Professional Documents
Culture Documents
2. Will the proceedings for a petition for annulment remain valid even if
there is no intervention of the prosecutor? (3%)
3. Dawn and Richard started to live together as husband and wife without
the benefit of marriage in the year 1986. Because of Richard’s alcoholism,
they separated in 1996. One year later, they reconciled and in 1999 they
got married. Five years into their marriage, Richard became alcoholic
again and it was found that he was psychologically incapacitated. On
January 2002, Dawn filed for declaration of nullity of marriage with
Richard under Article 36 of the Family Code. The Court rendered the
following decisions:
Dinah filed a motion for partial consideration questioning the last portion
of the decision. If you were the judge, how will you decide petitioner’s
motion for partial reconsideration? Why? (5%)
4. What are the rules for pretermission based on Article 13 of the New Civil
Code and as applied in Philippine jurisprudence? (5%)
5. Lino and Jade got married on December 5, 2015 before Judge Barry of the
Court of Appeals in a beautiful garden wedding in Davao City. They
immediately tried to conceive a child because it has always been Lino’s
dream to be a father. A month later, or on January 15, 2016, Lino was
hospitalized and was diagnosed with severe tuberculosis. For the next
five months of medication, Jade would take care of her husband because
he was very weak to the point that he could not stand up on his own. His
feet were swollen and his voice was totally hoarse. Exhausted from being
a caregiver and sole bread-winner, Jade had an affair with her handsome
neighbor, Ace and found her emotional and financial needs met by him.
On May 1, 2016, Jade and Ace found an opportunity to have sexual
intercourse because Lino was asleep the whole day due to his illness. Two
weeks later, Jade was overwhelmed by guilt and tried to make it up to
Lino by preparing a romantic evening for him at home. After this, Jade’s
affair with Ace ended. On December 15, 2016, Jade gave birth to a
beautiful baby girl and named her AC. A year later, Lino found out that
Jade and Ace were having an affair so he filed a case for annulment on the
ground that the Judge had no authority to solemnize their wedding. He
moved out of their house in Matina, Davao City and transferred to a condo
unit in Buhangin. Two weeks later, Lino discovered that the affair had
actually began when he was severely ill. This gave him the idea that
maybe Baby AC is the child of Ace and not his. Resolve the following: