Sample Bar Questions: Civil Law

This question was taken from a compilation of bar questions in Lex Libris. The answer is a product of my personal research, hence, only a legal information and in no way constitute a legal advice to those in similar situations.

Bar Question on Civil Law Year 2004:

RN and DM, without any impediment to marry each other, had been living together without benefit of church blessings. Their common-law union resulted in the birth of ZMN. Two years later, they got married in a civil ceremony. Could ZMN be legitimated? Reason. (5%)

ZMN could be legitimated. Art. 296 of Civil Code provides:

“Only natural children can be legitimated. Children born outside wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other, are natural.”

The civil marriage seems to have a curative effect on the status of ZMN as legitimate child. Art. 270 provides the manner of how to effectuate legitimation, “Legitimation shall take place by the subsequent marriage between the parents.”

Also in Art. 178 of Family Code, “Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation.”

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