Académique Documents
Professionnel Documents
Culture Documents
provides that ..
After providing the legal basis, explain
the application of the legal basis with the
particular facts of the case.
You may thereafter briefly reiterate your
conclusion.
Part 2: STRUCTURE (Sample Problem
# 1) --- involving application of law
PROBLEM: In December 2000, Michael
and Anna, after obtaining a valid marriage
license, went to the Office of the Mayor of
Urbano, Bulacan, to get married. The
Mayor was not there, but the Mayors
secretary asked Michael and Anna and
their witnesses to fill up and sign the
required marriage contract forms. The
secretary then told them to wait, and went
out to look for the Mayor who was
attending a wedding in a neighboring
municipality. When the secretary caught
up with the Mayor at the wedding
reception, she showed him the marriage
contract forms and told him that the couple
and their witnesses were waiting in his
office. The Mayor forthwith signed all the
copies of the marriage contract, gave them
to the secretary who returned to the
Mayors office. She then gave copies of
the marriage contract to the parties, and
told Michael and Anna that they were
already married. Thereafter, the couple
lived together as husband and wife, and
had three sons.
Is the marriage of Michael and Anna
valid, voidable, or void? Explain your
answer?
Part 2: STRUCTURE (Sample Answer)
The marriage is void. The law provides
that the absence of any of the essential or
formal requisites, one of which is marriage
ceremony, shall render the marriage void
ab initio. The law further provides that the
contracting parties must personally appear
before the solemnizing officer to make
their personal declaration that they are
taking each other as husband and wife;
otherwise, there is no marriage ceremony.
Part 2: STRUCTURE (Sample Answer)
In this case, while the contracting parties
made their personal declaration that they
were taking each other as husband and
wife by signing the marriage contract, the
same was not made in the presence of the
First Paragraph:
Contains answer and legal basis.
Hierarchy of legal basis: Constitution,
laws, rules, decision of Supreme Court
Part 2: STRUCTURE
Illustrative Problem:
President Aquino was requested to
solemnize the marriage of A and B. He
obliged and he solemnized the marriage.
Can the parties rely on their good faith to
make their marriage valid?