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.
Howard
1741 posts
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 of […]
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 year […]
G.R. No. 170452 – 584 Phil. 144 – 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, […]
G.R. No. 137567 – 389 Phil. 447 – 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 […]
G.R. No. 165662 – 522 Phil. 671 – 489 SCRA 125 – Civil Law – Credit Transactions – Mortgage – Default – Mora Solvendi – Extrajudicial Foreclosure – Right of CreditorObligations and Contracts – Default On September 19, 1995, spouses Edgardo and Zenaida Angeles and Selegna Management and Development Corporation […]
G.R. No. 161793 – 598 Phil. 666 – 579 SCRA 193 – Civil Law – Family Code – Article 36: Psychological Incapacity – Molina Case Merely a GuidelineEvery case involving psychological incapacity must be resolved on a case-to-case basis Note: This case relaxed the application of the Molina Guidelines Edward […]
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 latter […]
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 Tecson […]
G.R. No. 135830; G.R. No. 136035; G.R. No. 137743 – 508 Phil. 260 – 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 […]
G.R. No. 167523 – 578 Phil. 826 – 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 […]
G.R. No. L-33964 – 149 Phil. 547 – 42 SCRA 448 – Political Law – Constitutional Law – Abandonment of the Doctrine Held in the Barcelon Case and the Montenegro Case – Suspension of the privilege of the writ of habeas corpus not a political question Due to the throwing […]
G.R. No. 79269 – 198 SCRA 130 – Criminal Law – Habeas Corpus – Right to Bail – Rebellion Rodolfo Salas aka NPA’s “Ka Bilog” was arrested and was charged for rebellion. He was charged together with the spouses Concepcion. Salas, together with his co-accused later filed a petition […]
REPUBLIC ACT No. 7941 AN ACT PROVIDING FOR THE ELECTION OF PARTY-LIST REPRESENTATIVES THROUGH THE PARTY-LIST SYSTEM, AND APPROPRIATING FUNDS THEREFOR Section 1. Title. This Act shall be known as the “Party-List System Act.” Section 2. Declaration of part y. The State shall promote proportional representation in the election of […]
G.R. No. 2808 – 5 Phil. 87 – Political Law – Constitutional Law – Bill of Rights – Suspension of the Privilege of the Writ Habeas Corpus as a Political Question being a Prerogative by the President On 31 January 1905, then Governor-General Luke Wright issued a resolution suspending the […]
Two Types of Due Process Procedural Due Process: Procedural due process refers to the procedures that the government must follow before it deprives a person of life, liberty, or property. Procedural due process concerns itself with government action adhering to the established process when it makes an intrusion into the […]