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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Jovi and Mara marry in a civil registry hall. The ceremony was conducted by a man who presents himself as a minister but is not authorized to solemnize marriages in the Philippines. They did have a valid marriage license issued by the local civil registrar. They have one child. (a) State the controlling doctrine on the effects of absence, defect, or irregularity of the essential requisites for a valid marriage under the Family Code. (b) Apply the doctrine to the facts: is Jovi and Mara’s marriage void or voidable, and what are the consequences for their child? (c) Can the marriage be cured or ratified after the fact, and what legal remedies exist if they wish to regularize their status? Discuss also the status of their child and any legitimation options relevant to the scenario.

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Valid marriage because a license was issued; the officiant's lack of authorization is an irregularity that does not affect validity; the child is legitimate; no remedy required. Voidable due to a defect in the ceremony; since consent is present, the marriage is capable of ratification by the parties; the child is legitimate; a subsequent valid solemnization by an authorized official can cure the defect. The marriage is presumed valid after years of cohabitation and mutual representation; the child is legitimate for purposes of inheritance and support rights despite lacking formal solemnization. Void ab initio for lack of a valid solemnizing officer; the child is illegitimate; ratification cannot cure the defect; to regularize status, the couple must remarry before a properly authorized official; the child may become legitimate if the parents later marry.

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