G.R. No. 95305 – 212 SCRA 725 – Remedial Law – Special Proceedings – Guardianship – Judicial Authority to Sell Minor’s Property Civil Law – Family Law – Alienation of a Child’s Property – Judicial Approval Needed Regardless of Property’s Value In 1966, Dolores Luluquisin, a widow, sold a property […]
Family Code
53 posts
G.R. No. 213687 – 868 Phil. 206 – 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 […]
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 – 890 Phil. 74 – 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 […]
G.R. No. 203284 – 799 Phil. 449 – 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 […]
G.R. No. 195432 – 742 Phil. 37 – Civil Law – Persons and Family Relations – Family Code – Article 26; Foreign Divorce; how recognized Remedial Law – Evidence – Foreign Divorce; Must be proven as a matter of fact In 2001, Edelina Tungul married a Japanese citizen named Yuichiro Kobayashi. […]
G.R. No. 186571 – 642 Phil. 420 – 628 SCRA 266 – Civil Law – Persons and Family Relations – Family Code – Marriage; Void Marriages – Article 26; Effect of Foreign Divorce Remedial Law – Evidence – Presumptive Evidence – Foreign Judgment; Divorce Civil Procedure – Rule 39 – Rights […]
G.R. No. 166357 – 750 Phil. 482 – 745 SCRA 512 – Civil Law – Persons and Family Relations – Family Code – Marriage; Void Marriages – Article 36; Psychological Incapacity – Gambling in the Presence of One’s Children Testimonies of Expert Witnesses as Evaluated by the Trial Court Must […]
G.R. No. 166357 – 673 Phil. 460 – 657 SCRA 822 – Civil Law – Persons and Family Relations – Family Code – Marriage; Void Marriages – Article 36; Psychological Incapacity – Totality of Evidence Burden of proving psychological incapacity is on the plaintiff In 1976, Valerio “Tyrone” Kalaw and […]
G.R. No. 171557 – 726 Phil. 502 – 716 SCRA 8 – Civil Law – Persons and Family Relations – Family Code – Marriage; Void Marriages – Article 36; Psychological Incapacity – Personal Evaluation by Psychologist – Need for Independent Evidence to Prove Psychological Incapacity In 1969, Rodolfo De Gracia […]
G.R. No. 167459 – 655 Phil. 512 – 640 SCRA 517 – Civil Law – Persons and Family Relations – Family Code – Marriage; Void Marriages – Article 36; Psychological Incapacity – Juridical Antecedence Sexual Infidelity and Abandonment are not per se Psychological Incapacity In 1973, in only about three […]