2014 (Civil Law) Bar Exam Questions: Question 6

[Answer/discuss the question below. Or see 2014 bar exam Civil Law Instructions; 2014 Labor Law essay and multiple choice Questions: 12345678910121314151617181920212223242526272829 and 30; See also 2014 Bar Exam: Information, Discussions, Tips, Questions and Results]


Miko and Dinah started to live together as husband and wife without the benefit of marriage in 1984. Ten (10) years after, they separated. In 1996, they decided to live together again, and in 1998, they got married.

On February 17, 2001, Dinah filed a complaint for declaration of nullity of her marriage with Miko on the ground of psychological incapacity under Article 36 of the Family Code. The court rendered the following decision:

“1. Declaring the marriage null and void;
2. Dissolving the regime of absolute community of property; and 3. Declaring that a decree of absolute nullity of marriage shall only be issued after liquidation, partition and distribution of the parties’ properties under Article 147 of the Family Code.”

Dinah filed a motion for partial reconsideration questioning the portion of the decision on the issuance of a decree of nullity of marriage only after the liquidation, partition and distribution of properties under Article 147 of the Code.

If you are the judge, how will you decide petitioner’s motion for partial reconsideration? Why? (4%)

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