Suggested Questions for Articles 225-227 & Article 37 of the Family Code of the Philippines
Question:
What do you think is the intention of the framers of the family code that as a requirement parents should post a bond for guardianship if the value of the prop of the child exceeds Php 50,000.00 before they will be vested authority to administer child’s property?
Answer:
The framers considers Php 50,000.00 as the amount when the property is valuable enough to require a bond on the basis of the current valuation, considering the possible abuse by the parents and the expensiveness of the bond.
Giving such bond is a condition or a qualification prior to the vesting of the authority to administer.
The purpose of the bond is to guarantee the performance of the obligations prescribed for general guardians.
Question:
Julie Barita is the daughter of Marga Barita. Marga Barita has a stepfather who is Atay Que. Julie Barita and Atay Que are madly in love with each other. Julie Barita and Atay Que got married. Is their marriage valid?
Answer:
The marriage of Julie Barita and Atoy Que was void ab initio.
According to Article 37. Marriages between the following are incestuous and void from the beginning, whether the relationship between the parties be legitimate or illegitimate:
(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood.
In the case of Julie Barita and Atay Que, they had an incestuous marriage which is void ab initio even if their relationship is illegitimate. If a grand daughter and her grand father marry each other their marriage is void from the beginning because these marriages debase the family, violate morals and decency. The rule applies whether the relationship is that of full or half blood and whether legitimate or illegitimate.
