G.R. No. L-44169 – 224 Phil. 441 – 140 SCRA 304- Labor Law – Labor Standards – Wages vs Salary Remedial Law – Civil Procedure – Execution of Judgment – Limitations on Garnishment; Wages are exempt from execution – Salary not exempt from execution Civil Law – Obligations and Contracts […]
Civil Law
G.R. No. 174451 – 618 Phil. 616 – 603 SCRA 604 – Civil Law – Persons and Family Relations – Family Code – Marriage; Void Marriages – Article 36; Psychological Incapacity – Sexual Infidelity Per Se is not Psychological Incapacity Article 45 – Failure to Consummate the Marriage In August […]
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 […]
G.R. No. 164493 – 629 Phil. 157 – 615 SCRA 154 – Civil Law – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity – Drunkenness, Indolence, Physical Violence Not Necessarily Psychological Incapacity In 1985, Jocelyn and Angelito Suazo met each other. They were just 16 years […]
G.R. No. 166579 – 627 Phil. 1 – 613 SCRA 195 – Civil Law – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity – Proof of Psychological Incapacity When personal examination by psychologist is necessary In 1996, Jordan Paz and Jeanice Pavon met. Jordan was then […]
G.R. No. 108763 – 268 SCRA 198 (335 Phil. 664) – Civil Law – Persons and Family Relations – Family Code – Marriage – Void Marriages – Article 36; Psychological Incapacity Guidelines in Applying Article 36 of the Family Code In 1985, Roridel Olaviano married Reynaldo Molina. They begot one child. […]
G.R. No. 170925 – 619 Phil. 434 – 604 SCRA 444 – Civil Law – Persons and Family Relations – Family Code – Marriage – Void Marriages – Article 36; Psychological Incapacity – Gravity, Juridical Antecedence, Incurability In 1977, Rodolfo Aspillaga and Aurora Apon met each other in college. They […]
G.R. No. 166562 – 601 Phil. 676 – 582 SCRA 694 – Civil Law – Personas and Family Relations – Family Code – Marriage – Void Marriages – Article 36; Psychological Incapacity Personal Examination by Psychologist Not a Condition Sine Qua Non Note: This reinforced the case of Te vs Te […]
G.R. No. 168328 – 545 Phil. 725 – 517 SCRA 123 – Civil Law – Persons and Family Relations – Family Code – Marriage – Void Marriages – Article 36; Psychological Incapacity – Joblessness and Irresponsibility is not Psychological Incapacity When examination of the alleged psychologically incapacitated spouse is needed […]
G.R. No. 149498 – 472 Phil. 807 – 428 SCRA 735 – Civil Law – Persons and Family Relations – Family Code – Marriage – Void Marriages – Article 36 – Psychological Incapacity – Irresponsibility; Abandonment In 1986, Lolita Quintero and Toshio Hamano met in Japan. They had a love […]
G.R. No. 136921 – 356 SCRA 588 (408 Phil. 713) – Civil Law – Persons and Family Relations – Family Code – Marriage – Void Marriages – Article 36; Psychological Incapacity – Emotional Immaturity and Irresponsibility Are Not Psychological Incapacity In 1975, Lorna Guillen and Zosimo Pesca met each other. […]