G.R. Nos. 106385-88 – 244 SCRA 457 – Remedial Law – Evidence – Witness Credibility Civil Law – Persons and Family Relations – Article 37- Incest Marian Mandap was raped four times by her father, Alejandro Mandap, who was a military man. The first three incidents were not witnessed […]
Daily Archives: November 19, 2010
13 posts
Set of Strict Standards in the Interpretation of Art 36 of the Famiy Code Established in the Molina Case (RP vs CA and Molina) (1) The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in favor of the […]
A petition for declaration of absolute nullity of void marriage may be filed solely by the husband or wife. Exceptions: (1) Nullity of marriage cases commenced before the effectivity of A.M. No. 02-11-10-SC; and (2) Marriages celebrated during the effectivity of the Civil Code.
The term psychological incapacity to be a ground for the nullity of marriage under Article 36 of the Family Code, refers to a serious psychological illness afflicting a party even before the celebration of the marriage. It is a malady so grave and so permanent as to deprive one […]
G.R. No. 162368 – 495 SCRA 396 – Civil Code – Family Code- Annulment of Marriage – Article 36: Psychological Incapacity Armida and Brix are a showbiz couple. The couple’s relationship before the marriage and even during their brief union (for well about a year or so) was not […]
G.R. No. 170452 – 562 SCRA 146 – Civil Law – Credit Transactions – Interest Rate – Usurious Rates – 12% Per Annum Interest Rate – Central Bank Circular No. 905-82 – Legal Rate In February and March 1999 Salvador Chua and Violeta Chua loaned Rodrigo, Ma. Lynn, and […]
G.R. No. 137567 – 334 SCRA 106 – Civil Law – Persons and Family Relations – Family Code – Marriage – Article 40 Criminal Law – Book II – Crimes Against Chastity – Concubinage – Void Marriage Not a Defense In 1973, Meynardo Beltran and Charmaine Felix married each […]
G.R. No. 165662 – 489 SCRA 125 – Civil Law – Credit Transactions – Mortgage – Default – Mora Solvendi – Extrajudicial Foreclosure – Right of Creditor Obligations and Contracts – Default On September 19, 1995, spouses Edgardo and Zenaida Angeles and Selegna Management and Development Corporation acquired a […]
G.R. No. 161793 – 579 SCRA 193 – Civil Law – Family Code – Article 36: Psychological Incapacity – Molina Case Merely a Guideline Every case involving psychological incapacity must be resolved on a case-to-case basis Note: This case relaxed the application of the Molina Guidelines Edward Kenneth Ngo […]
G.R. No. 112019 – 310 Phil. 21 – 204 SCRA 20 – Civil Law – Persons and Family Relations – Marriage; Annulment of Marriage – Article 36: Psychological Incapacity Leouel Santos, a member of the Army, met Julia Rosario in Iloilo City. In September 1986, they got married. The couple […]
G.R. No. 175581 – G.R. No. 179474 – 573 Phil. 553 – 540 SCRA 435 – Civil Law – Persons and Family Relations – Family Code – Nullity of Marriage – Marriage License; When Not Required – Prescription of Filing Action for Annulment of Marriage Jose Dayot and Felisa […]
G.R. No. 135830 – 471 SCRA 266 – Civil Law – Family Code – Annulment of Marriage – Proper Party Teofilo Carlos and petitioner Juan De Dios Carlos were brothers who each had three parcels of land by virtue of inheritance. Later Teofilo died intestate. He was survived by […]
G.R. NO. 167523 – 556 SCRA 272 – Civil Law – Persons and Family Relations – Family Code – Nullity of Marriage – Article 36: Psychological Incapacity In 1986, Nilda and Reynaldo met in a local bar where Nilda was a waitress. Because of his fear that Nilda may […]