G.R. No. 113926 – 331 Phil. 787 – 263 SCRA 483 – Civil Law – Credit Transactions – Central Bank Circular No. 905 – Interest Rate – 12% Annum Interest Rate – Legal Rate – When my courts reduce interest rate In 1983, Magtanggol Eusebio acquired 3 separate loans […]
Yearly Archives: 2010
282 posts
G.R. No. 151867 – 466 Phil. 226 – 421 SCRA 461 – Civil Law – Persons and Family Relations – Family Code – Article 46 vs Article 36 – Sexual infidelity is not psychological incapacity In 1966, David Dedel and Sharon Corpuz married each other. They had four […]
G.R. No. L-12790 – 109 Phil. 273 – Civil Law – Persons and Family Relations – Grounds for Annulment of Marriage – Impotency Joel Jimenez and Remedios Cañizares are husband and wife. Joel later filed for annulment on grounds that Remedios is impotent because her genitals were too […]
G.R. No. 155800 – 519 Phil. 337 – 484 SCRA 353 – Civil Law – Persons and Family Relations – Family Code – Annulment of Marriage – Article 45 (3) distinguished from Psychological Incapacity (Article 36) In 1990, Leonilo Antonio married Marie Ivonne Reyes, who was ten years […]
G.R. No. 132955 – 536 Phil. 404 – 505 SCRA 564 – Civil Law – Persons and Family Relations – Family Code – Grounds for Annulment of Marriage – Article 45; Fraud, Intimidation, Concealment of Pregnancy In April 1988, Orlando Villanueva married Lilia Canalita before a trial court […]
G.R. No. 179620 – 563 SCRA 447 – Civil Law – Persons and Family Relations – Family Code – Grounds for Annulment of Marriage – Article 46; Concealment of Homosexuality Manuel Almelor married Leonida Trinidad in 1989. They are both medical practitioners. They begot 3 children. 11 years later, […]
G.R. No. L-18176 – 124 Phil. 1043 – 18 SCRA 450 – Civil Law – Preliminary Title – Lex Loci Celebracionis – Nationality Principle Lazaro Rayray married Chae Kyung Lee in 1952 in Pusan, Korea. Before the marriage, Lee was able to secure a marriage license which is […]
G.R. No. 108461 – 331 Phil. 723 – 263 SCRA 421 – Civil Law – General Principles – Publication of Laws; Administrative Orders Philippine International Trading Corporation issued Administrative Order No. SOCPEC 89-08-01 under which applications to the PITC for importation from China must be accompanied by a […]
G.R. No. 165545 – 520 Phil. 249 – 485 SCRA 376 – Civil Law – Persons and Family Relations – Family Code – Article 41-42; Reappearance of Absent Spouse In 1955 Clemente Bailon and Alice Diaz married in Barcelona, Sorsogon. Some 15 years later, Clemente filed an action […]
G.R. No. 127406 – 399 Phil. 647 – 346 SCRA 86 – Civil Law – Persons and Family Relations – Family Code – Article 40 – Exception to the Rule In 1977, Reyes married Anna Maria Villanueva in a civil ceremony. They had a church wedding in the […]
G.R. No. 132529 – 403 Phil. 861 – 351 SCRA 127 – Civil Law – Persons and Family Relations – Family Code – Article 40; Validity of Marriage as a Prejudicial Question In 1969 SPO4 Santiago Cariño married Susan Nicdao Cariño. He had 2 children with her. In […]
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 […]
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 – 527 Phil. 722 – 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 […]