This P-trap question should be reviewed.
This is a P-trap question, and examinees should be given full credit regardless of their answer.
Dapat may additional information pa para pumasa sa validation yung mga ganitong question. The facts of the case is good, but it needs more info pa to elicit the depth of the examinees' knowledge of the subject matte at para hindi maging P-trap question.
"2. Nida and Deogracias were college sweethearts who had a child together named Mikael. When Mikael was three years old, Nida and Deogracias both died in a car accident while still planning their future wedding. Mikael was then put in the care of the unmarried sister of Nida, Nina, who officially adopted Mikael. A few years later, Nina left to work in the United States (US). Mikael was left to live with his grandmother, Aurora, in the Philippines. In the US, Nina bore an illegitimate child, Maricel, from her affair with a married man. When Maricel was 22 years old, Aurora died so Nina came home to the Philippines with Maricel for the funeral. Maricel finally met Mikael who is now 28 years old. The two of them fell in love and planned to get married. Nina objected, saying that their marriage was prohibited by law. On the other hand, MARICEL AND MIKAEL raised the following arguments:
Note (clarified by Teacher Edgar)
A. MARICEL argued that in the State where she is a citizen, a 4th-degree marriage is allowed by her national law.
B. MIKAEL argued that his adoption severed all his ties with his natural parents and he became a legitimate child of Nina for all intent and purposes.
Can Maricel and Mikael validly get married? Explain your answer."
O di ba mas maganda at mas naghuhukay ng knowledge ng mga bata.
It happened before where Bar Examinees were given full credits during SC deliberations dahil maraming educator din sa SC like noon si CJ Corona, and now si J. Leonen. At para maiwasan na rin yung ganitong question sa Rem and Crim. Baka hindi ito nakita ng Committee ni J. Hernando. At para makarating din sa kanya. Pa-share. Thanks.
Mahirap na nga mag-aral ng 5 years, nag-Review pa, and then, this kind of question.
—--xxx—--
In the meantime, my instruction for BLD Mentees is to first read the question before the facts of the case, and to think twice but don't overthink.
End of quote
X x x x ---- X x x x
Note by Atty. Phil Juris
Important Civil Law Provisions
ARTICLE 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.
ARTICLE 17. [...]
Prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country. (Art. 17, 3rd par. Civil Code).
Important Family Code provisions
Art. 1.Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. (52a)
Art. 38.The following marriages shall be void from the beginning for reasons of public policy:
(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the adopted child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse.
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