1.

I will uphold Marsha’s contention.

Impotency of a spouse is a ground for annulment of marriage. To be more

specific, Article 45 (5) of the Family Code of the Philippines provides that a marriage
may be annuled if, at the time of the marriage, either party was physically incapable
of consummating the marriage with the other, and such incapacity continues and
appears to be incurable.

1. B

No, my answer will not be the same.

The action for annulment of marriage based on this ground must be filed by
the injured party within five (5) years after the celebration of the marriage (Article 47,
Ibid.).

2. A

Legal separation may be filed on the ground that there is an attempt by the
respondent against the life of the petitioner.

The act of Cecil is a clear act against the life of Ernie hence, it is a valid
ground for legal separation.

2.B

As Cecil’s lawyer my defense is that the act against the life of Ernie was
because of his infidelity which Cecil caught personally. Article 247 of the RPC
provides exemption of a wife from punishment who caught her husband in the act of
sexual intercourse. Under the second paragraph of Article 247, it is expressly stated
that any other injury not seriously caused or inflicted by the legally married spouse
against the spouse or the lover shall be exempt from punishment. The act is already
exonerated from any criminal liability. Hence, Ernie cannot use it as ground for legal
separation.

2.C

I will decide against Ernie.

The act of Cecil is already exonerated from criminal liability. Hence it cannot
be used by Ernie as a ground for his action on legal separation.

3. A

Yes David and Thea can validly get married.

 The is no legal impediment to marry between step-brother and step-sister as
provided in the Family Code.

3.B

No the marriage will not be valid, marriage between step-parents and step-
children is void ab initio.

No, the petition will not prosper. There was no concealment by Junky that she
is pregnant with other man child since she was already 8 months pregnant during the
marriage and her bump will be prominent and hard to miss Hence there is not fraud on
the part of Jinky.