ANA BEATHA V.

CASTIL | 11580534
PFR EXERCISE AND OBQ 4

1. Yes. Even if Article 43 provides for the effects of the termination of a subsequent marriage, nothing
was specified on his capacity to re-marry but as soon as an absent spouse re-appears, and once an
affidavit of reappearance has been filed, the first marriage will be retrieved and deemed valid. The
second spouse who is freed may re-marry because automatic termination would mean the marriage is
no longer valid and existing. No more separate action is needed.

2. According to the case of Valdes, Article 35(6) referring to Article 53 can only apply to marriages that
are declared void ab initio or annulled by final judgment under Art. 40 and Art. 45 of the Family Code.

3. Family tree is attached in the next page.

4.
a. An insane person cannot give consent to a contract. However, contracts entered into during a lucid
interval are valid. Art. 1327 (2) CC
b. That either party was of unsound mind, unless such party after coming to reason, freely cohabited
with the other as husband and wife. Art. 45(2) FC
c. An insane person cannot make a will or be a witness thereof. Art. 798 of the Civil Code.

5. In the case of Martinez v. Martinez, prodigality is emphasized to be a state of a person squandering

one’s money or property without regard to the needs and future of the family and with prejudice to
the heirs of a person. Prodigality under Rule 92, Sec. 2 of the Rules of Court states that the word
“incompetent” includes those who are suffering the penalty of civil interdiction. or who are specifically
hospitalized lepers, prodigals, deaf and dumb, who are unable to read and write, those who are of
unsound mind, even though they have lucid intervals, and persons not being of unsound mind, but by
reason of age, disease, weak mind, and other similar causes and cannot, without outside aid, take care
of themselves and manage their property, becoming thereby an easy prey for deceit and exploitation.
6.
a. According to Art. 15 of the Civil Code, the country of his nationality should govern his capacity to
contract his marriage.
b. According to Art. 16, the nationality of the mother will have to be followed. The laws of India will
govern said successional rights.
c. The extrinsic validity according to Art. 17 of the Civil Code is place where it was executed.
d. The nationality of the decedent should be followed according to Art. 16 of the Civil Code.