G.R. No. 228127 – Civil Law – Persons and Family Relations – Family Code – Void Marriages – Psychological Incapacity – Either Spouse May File Petition – Psychologically Incapacitated Spouse May File Petition Remedial Law – Special Proceedings – Declaration of Nullity of Marriage – Proper Party In 1988, after […]
article 36
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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. 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. 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. 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. 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. 178044 – 655 Phil. 175 – 640 SCRA 178 – Civil Law – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity Article 147 – Co-ownership as property regime – how property should be distributed after declaration of nullity In 1998, Alain Diño vs Ma. Caridad […]
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 […]