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 a […]
Howard
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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 viable […]
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 to […]
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 same […]
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 1992, […]
G.R. Nos. 106385-88 – 314 Phil. 367 – 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 […]
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 existence […]
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 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 […]