Uber Digests | Persons and Family Relations
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Persons and Family Relations

Veronica Alcazar vs Rey Alcazar

603 SCRA 604 – Civil Law – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity – Sexual Infidelity Per Se is not Psychological Incapacity Article 45 […]

June 27, 2015

Edelina Ando vs Department of Foreign Affairs

G.R. No. 195432 – Civil Law – Persons and Family Relations – Foreign Divorce; how recognized Remedial Law – Evidence – Foreign Divorce; Must be proven as a matter of […]

June 25, 2015

Gerbert Corpuz vs Daisylyn Sto. Tomas

628 SCRA 266 – Civil Law – Persons and Family Relations – Family Code – Article 26; Effect of Foreign Divorce Remedial Law – Evidence – Presumptive Evidence – Foreign […]

June 25, 2015

Valerio Kalaw vs Ma. Elena Fernandez (2015)

G.R. No. 166357 – Civil Law – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity – Gambling in the Presence of One’s Children Testimonies of Expert […]

June 19, 2015

Valerio Kalaw vs Ma. Elena Fernandez (2011)

657 SCRA 822 – Civil Law – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity – Totality of Evidence Burden of proving psychological incapacity is on […]

June 18, 2015

Republic of the Philippines vs Rodolfo De Gracia

G.R. No. 171557 – Civil Law – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity – Personal Evaluation by Psychologist – Need for Independent Evidence to […]

June 17, 2015

Alain Diño vs Ma. Caridad Diño

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 […]

June 16, 2015

Jose Ochosa vs Bona Alano

640 SCRA 517 – Civil Law – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity – Juridical Antecedence Sexual Infidelity and Abandonment are not per se […]

June 15, 2015

Jocelyn Suazo vs Angelito Suazo

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, […]

June 14, 2015

Jordan Paz vs Jeanice Paz

613 SCRA 195 – Civil Code – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity – Proof of Psychological Incapacity When personal examination by psychologist is […]

June 13, 2015

Republic of the Philippines vs Court of Appeals and Roridel Molina

268 SCRA 198 (335 Phil. 664) – Civil Law – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity Guidelines in Applying Article 36 of the Family Code […]

June 12, 2015

Rodolfo Aspillaga vs Aurora Aspillaga

604 SCRA 444 – Civil Law – Family Code – Article 36; Psychological Incapacity – Gravity, Juridical Antecedence, Incurability In 1977, Rodolfo Aspillaga and Aurora Apon met each other in […]

June 10, 2015

Marieta Azcueta vs Republic of the Philippines

588 SCRA 196 – Civil Law – Family Code – Article 36; Psychological Incapacity – Dependent Personality Disorder Expert Opinion by Psychologist Must Be Considered as Decisive Evidence In 1993, […]

June 9, 2015

Benjamin Ting vs Carmen Velez-Ting

582 SCRA 694 – Civil Law – Family Code – Article 36; Psychological Incapacity Personal Examination by Psychologist Not a Condition Sine Qua Non Note: This reinforced the case of Te […]

June 7, 2015

Republic of the Philippines vs Laila Tanyag-San Jose

517 SCRA 123 – Civil Law – Family Code – Article 36; Psychological Incapacity – Joblessness and Irresponsibility is not Psychological Incapacity When examination of the alleged psychologically incapacitated spouse […]

June 6, 2015

Republic of the Philippines vs Lolita Quintero-Hamano

428 SCRA 735 – Civil Law – Family Code – Article 36 – Psychological Incapacity – Irresponsibility; Abandonment In 1986, Lolita Quintero and Toshio Hamano met in Japan. They had […]

June 5, 2015

Lorna Guillen Pesca vs Zosimo Pesca

356 SCRA 588 (408 Phil. 713) – Civil Law – Family Code – Article 36; Psychological Incapacity – Emotional Immaturity and Irresponsibility Are Not Psychological Incapacity In 1975, Lorna Guillen […]

June 4, 2015

Brenda Marcos vs Wilson Marcos

343 SCRA 755 (397 Phil. 840) – Civil Law – Family Code – Article 36; Psychological Incapacity – Molina Guidelines – Psychological Test Requirement Wilson and Brenda were military personnel […]

June 3, 2015

Estrellita Juliano-Llave vs Republic of the Philippines

 646 SCRA 637 – Civil Law – Family Code – Article 35 – Nullity of Marriage – Bigamy Annulment of Marriage – Collusion – Participation of the Solicitor General Who […]

June 2, 2015

Salvador Abunado vs People of the Philippines

426 SCRA 562 – Civil Law – Family Code – Article 35 – Bigamy – Prejudicial Question Remedial Law – Criminal Procedure – Prejudicial Question In 1967, Narcisa Arceño married Salvador […]

June 1, 2015

Minoru Fujiki vs Maria Paz Marinay

700 SCRA 69 – Civil Law – Family Code – Decree of Absolute Nullity of Marriage – Who May File – Bigamy Remedial Law – Special Proceedings – Rule 108 – Declaration […]

May 31, 2015

James Capili vs People of the Philippines

700 SCRA 443 – Civil Law – Family Code – Void Marriages – A Void 2nd Marriage is not a Defense in Bigamy Criminal Law – Bigamy – Elements In […]

May 1, 2014

Vincent Mercado vs Consuelo Tan

337 SCRA 122 (391 Phil. 809) – Civil Law – Family Code – Void Marriages – Need for Judicial Declaration of Nullity Before Remarriage Criminal Law – Bigamy – Elements […]

May 1, 2014

Continental Steel Manufacturing Corporation vs Voluntary Arbitrator Allan Montaño

603 SCRA 621 – Labor Law – Labor Standards – Death Benefits for the Death of a Dependent – A Fetus is a Dependent Civil Law – Civil Personality – […]

April 26, 2014

Arturo Flores vs Spouses Enrico and Edna Lindo

648 SCRA 772 – Civil Law – Family Code – Ownership, Administration, Enjoyment, and Disposition of Conjugal Property Mortgage of Real Property – Mutually Exclusive Remedies In October 1995, Edna […]

April 25, 2014

Syed Azhar Abbas vs Gloria Goo-Abbas

689 SCRA 646 (109 OG 7469) – Civil Law – Family Code – Bigamy – Void Ab Initio Marriage – Lack of a Marriage License Remedial Law – Evidence – […]

February 12, 2014

Sally Go-Bangayan vs Benjamin Bangayan, Jr.

Civil Law – Family Code – Marriage – Bigamy – Non-existent marriage In September 1979, Benjamin Bangayan, Jr. married Azucena Alegre. In 1982, while Alegre was outside the Philippines, Benjamin […]

February 11, 2014

Rommel Jacinto Dantes Silverio vs Republic of the Philippines

Civil Law – Equity – Change of Name – Change of Sex – Marriage Rommel Jacinto Dantes Silverio is a male transsexual. He’s a biological male who feels trapped in […]

July 4, 2013

Rosendo Herrera vs Rosendo Alba

Remedial Law – Evidence – Object Evidence – Daubert Test – DNA Evidence – Vallejo Guidelines  In May 1998, Armi Alba, mother of minor Rosendo Alba filed a suit against […]

January 17, 2013

Republic of the Philippines vs Chuley Lim

Constitutional Law – Citizenship – Electing Filipino Citizenship In 1999, Chuley Lim filed a petition for correction of entries in her birth certificate with the regional trial court of Lanao […]

January 6, 2013
 

Nancy Go and Alex Go vs Court of Appeals

Family Code – Article 73 – Exercise of Profession of Either Spouse  In 1981, Hermogenes Ong and Jane Ong contracted with Nancy Go for the latter to film their wedding. […]

September 17, 2012
 

David Dedel vs Court of Appeals & Sharon Corpuz-Dedel

Art 46 compared with PI In 1966, David and Sharon married each other. They’ve had four children since then. David then found out that Sharon is irresponsible as a wife […]

November 20, 2010
 

Joel Jimenez vs Remedios Cañizares

Impotency Joel and Remedios are husband and wife. Joel later filed for annulment on grounds that Remedios is impotent because her genitals were too small for copulation and such was […]

November 20, 2010

Leonilo Antonio vs Marie Ivonne Reyes

484 SCRA 353 – Civil Law – Family Code – Annulment of Marriage – Article 45 (3) distinguished from Psychological Incapacity (Article 36) In 1990, Leonilo Antonio married Marie Ivonne […]

November 20, 2010
 

Orlando Villanueva vs Court of Appeals and Lilia Canalita-Villanueva

Article 45 In April 1988, Orly married Lilia before a trial court judge in Puerto Princesa. In November 1992, Orly filed to annul the marriage. He claimed that threats of […]

November 20, 2010
 

Manuel Almelor vs RTC of Las Piñas City & Leonida Trinidad

Article 45 Manuel married Leonida in 1989. They are both medical practitioners. They begot 3 children. 11 years later, Leonida sought to annul her marriage with Manuel claiming that Manuel […]

November 20, 2010
 

Lazaro Rayray vs Chae Kyung Lee

Article 45 Rayray married Lee in 1952 in Pusan, Korea. Before the marriage, Lee was able to secure a marriage license which is a requirement in Korea prior to marrying. […]

November 20, 2010
 

SSS vs Teresita Jarque vda de Bailon

Article 41-42 In 1955 Clemente Bailon and Alice Diaz married in Barcelona, Sorsogon. 15+ years later, Clemente filed an action to declare the presumptive death of Alice she being an […]

November 20, 2010
 

Ofelia Ty vs CA and Edgardo Reyes

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 year as well. In […]

November 20, 2010
 

Cariño vs Cariño

Article 40 In 1969 SPO4 Santiago Cariño married Susan Nicdao Cariño. He had 2 children with her. In 1992, SPO4 contracted a second marriage, this time with Susan Yee Cariño. […]

November 20, 2010
 

Meynardo Beltran vs People and Judge Tuazon

Article 40 In 1973, Beltran and Charmaine Felix married each other. They’ve had 4 children since then but after 24 years of marriage Beltran filed an action for the declaration […]

November 19, 2010
 

Republic vs Jose Dayot

Article 39 – Prescription Jose was introduced to Felisa in 1986.  He later came to live as a boarder in Felisa’s house, the latter being his landlady.  Later, Felisa requested […]

November 19, 2010
 

People vs Alejandro Mandap

Article 37- Incest At 18, Marian Mandap was already a mother of two – three year old Fernand and five-month old Minerva. The father of Fernand is April Dimaliwat whom […]

November 19, 2010
 

Nilda Navales vs Reynaldo Navales

Article 36: Psychological Incapacity In 1986, Nilda and Reynaldo met in a local bar where Nilda was a waitress. Because of his fear that Nilda may be wed to […]

November 19, 2010

Edward Kenneth Ngo Te vs Rowena Yu-Te

579 SCRA 193 – Civil Law – Family Code – Article 36: Psychological Incapacity – Molina Case Merely a Guideline Every case involving psychological incapacity must be resolved on a […]

November 19, 2010

Leouel Santos vs Court of Appeals

204 SCRA 20 (310 Phil. 21) – Civil Law – Family Code – Article 36: Psychological Incapacity Note: This was the first case where the term “psychological incapacity” was discussed […]

November 19, 2010
 

Carlos vs Sandoval

Teofilo Carlos and petitioner Juan De Dios Carlos were brothers who each have three parcels of land by virtue of inheritance. Later Teofilo died intestate. He was survived by respondents […]

November 19, 2010
 

Ma. Armida “Amy” Perez-Ferraris vs Brix Ferraris

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 or so) […]

November 19, 2010

Republic of the Philippines vs Cipriano Orbecido III

472 SCRA 114  – Civil Law – Family Code – Article 26 of the Family Code – Divorce On May 24, 1981, Cipriano Orbecido III married Lady Myros M. Villanueva […]

November 12, 2010

Rodolfo San Luis vs Felicidad Sagalongos-San Luis

514 SCRA 294 – Civil Law – Family Code – Retroactive Effect of Article 26 of the Family Code During his lifetime, Felicisimo San Luis (Rodolfo San Luis’s dad) contracted […]

November 12, 2010
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