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 […]
case digest
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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 […]
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 […]
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. 135830; G.R. No. 136035; G.R. No. 137743 – 508 Phil. 260 – 471 SCRA 266 – Civil Law – Family Code – Annulment of Marriage – Proper Party Teofilo Carlos and petitioner Juan De Dios Carlos were brothers who each had three parcels of land by virtue of […]
G.R. No. 167523 – 578 Phil. 826 – 556 SCRA 272 – Civil Law – Persons and Family Relations – Family Code – Nullity of Marriage – Article 36: Psychological Incapacity In 1986, Nilda and Reynaldo met in a local bar where Nilda was a waitress. Because of his fear […]
G.R. No. L-33964 – 149 Phil. 547 – 42 SCRA 448 – Political Law – Constitutional Law – Abandonment of the Doctrine Held in the Barcelon Case and the Montenegro Case – Suspension of the privilege of the writ of habeas corpus not a political question Due to the throwing […]