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 […]
psychological incapacity
29 posts
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. […]
G.R. No. 136490 – 343 SCRA 755 (397 Phil. 840) – Civil Law – Persons and Family Relations – Family Code – Marriage – Void Marriages – Article 36; Psychological Incapacity – Molina Guidelines – Psychological Test Requirement Wilson and Brenda were military personnel working at the Malacañang. They got […]
G.R. No. 151867 – 466 Phil. 226 – 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 […]
G.R. No. 155800 – 519 Phil. 337 – 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 […]
Set of Strict Standards in the Interpretation of Art 36 of the Famiy Code Established in the Molina Case (RP vs CA and Molina) (1) The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in favor of the existence […]
The term psychological incapacity to be a ground for the nullity of marriage under Article 36 of the Family Code, refers to a serious psychological illness afflicting a party even before the celebration of the marriage. It is a malady so grave and so permanent as to deprive one of […]
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. 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. 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 […]