G.R. No. 213687 – 117 OG No. 33 – Civil Law – Persons and Family Relations – Article 147; Family Code – Special Co-Ownership – Property Regime of marriages Dissolved under Art. 36 Remedial Law – Special Proceedings – Petition for Declaration of Nullity of Marriage – How to partition […]
Family Code
34 posts
G.R. No. 231319 – Civil Law – Persons and Family Relations – Void Marriage under Art. 36; Property Regime is Co-ownership; How dissolved Remedial Law – Special Proceedings – Petition for Declaration of Absolute Nullity of Marriage – There is Forum Shopping if Separate Proceedings is Filed to partition Properties […]
G.R. No. 122749 – 328 Phil. 1289 – 260 SCRA 221 – Civil Law – Persons and Family Relations – Family Code – Annulment of Marriage; Psychological Incapacity – Property Relations between spouses whose marriage is dissolved under Article 36 is governed by co-ownership; Dissolution of Property Regime Antonio Valdes […]
G.R. No. 196049 – 700 SCRA 69 – Remedial Law – Special Proceedings – Proving a Fact – Matter of proving foreign law is covered by special proceedings Civil Law – Persons and Family Relations – Dissolution of Marriage – Petition for Annulment – Divorce Obtained Abroad – Who may […]
G.R. No. 234487 – Civil Law – Persons and Family Relations – Family Code – Article 26 – Recognition of Foreign Divorce In 2005, Virginia Parreño, a Filipino, married Koji Mimori, a Japanese, here in the Philippines. In 2013, they divorced by agreement in Japan which was allowed under Japanese […]
G.R. No 200697 – Civil Law – Persons and Family Relations – Family Code – Muslim Divorce; Talaq In 1998, Abdulgani Sumagka and Rohaina Sumagka, both Muslims, married under Muslim rites. In 2004, they married again under civil rites before the mayor of Sarangani City. In 2006, the couple began […]
G.R. No. 196359 – Civil Law – Persons and Family Relations – Marriage; Annulment of Marriage – Psychological Incapacity – Abandonment of certain portions of the Molina Guidelines – Expert witness not needed in proving psychological incapacity In 1995, Rosanna Tan and Mario Victor Andal married each other. They were […]
G.R. No. 216425 – Civil Law – Persons and Family Relations – Family Code – Civil Code – Use of Surnames Remedial Law – Civil Procedure – Special Civil Actions – Change of Name – Legitimate Child May Use Surname of Mother Political Law – Constitutional Law – Declaration of […]
G.R. No. 203284 – Civil Law – Persons and Family Relations – Family Code – Marriage – Psychological Incapacity; when not proven – Psychologist’s findings must be in-depth and comprehensive Nicolas Matudan and Marilyn Matudan married in 1976. After four children and ten years of marriage (1986), Marilyn sought permission […]
G.R. No. 114791 – 272 SCRA 752 – 339 Phil. 136 – Civil Law – Persons and Family Relations – Family Code – Article 73 – Exercise of Profession of Either Spouse In 1981, Hermogenes Ong and Jane Ong contracted with Nancy Go for the latter to film their wedding. […]
G.R. NO. 155043 – 439 SCRA 649 – Civil Law – Law on Sales – Option Money vs Earnest Money – Sale of Conjugal Property Persons and Family Relations – Family Code – Sale of Conjugal Property Arturo and Esther Abalos were husband and wife. They own a parcel of land […]
G.R. No. 151867 – 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 children since then. David then found […]
G.R. No. 155800 – 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 older than Leonilo. In 1993, Leonilo […]
G.R. No. 132955 – 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 judge in Puerto Princesa. In November […]
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, Leonida […]
G.R. No. 165545 – 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 declare the presumptive death of […]