[Discuss/answer the question below. Or see Civil Law Instructions; Civil Law Instructions; Civil Law Essay Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10; Civil Law Multiple Choice Questions: 1, 2, 3, 4, 5, 6, 8, 9 and 10; See also 2013 Bar Exam: Information, Discussions, Tips, Questions and Results]
Lito was a commercial pilot who flew for Pacific-Micronesian Air. In 1998, he was the co-pilot of the airline’s Flight MA916 that mysteriously disappeared two hours after take-off from Agana, Guam, presumably over the Pacific Ocean. No trace of the plane and its 105 passengers and crew was ever found despite diligent search; Lito himself was never heard of again. Lito left behind his wife, Lita, and their two children.
In 2008, Lita met and and married Jaime. They now have a child of their own.
While on a tour with her former high school classmates in a remote province of China in 2010, Lita was surprised to see Lito or somebody who looked exactly like him, but she was sure it was Lito because of the extreme surprise that registered in his face when he also saw her. Shocked, she immediately fled to her hotel and post haste returned to the country the next day. Lita now comes to you for legal advice. She asks you the following questions:
VII(1) If Lito is alive, what is the status of his marriage to Lita? (1%)
(A) The marriage subsists because the marital bond has not been terminated by death.
(B) The marriage was terminated when Lita married Jaime.
(C) The marriage subsists because Lita’s marriage to Jaime is void.
(D) The marriage is terminated because Lito is presumed dead after his plane has been missing for more than 4 years.
(E) The marriage can be formally declared terminated if Lito would not resurface.
VII(2) If Lito is alive, what is the status of Lita’s marriage to Jaime? (1%)
(A) The marriage is valid because Lita’s marriage to Lito was terminated upon Lito’s disappearance for more than seven years.
(B) The marriage is valid. After an absence of more than 10 years, Lito is already presumed dead for all purposes.
(C) The marriage is void. Lito’s mere absence, however lengthy, is insufficient to authorize Lita to contract a subsequent marriage.
(D) The marriage is void. If Lito is indeed alive, his marriage to Lita was never dissolved and they can resume their marital relations at any time.