Uber Digests | annulment
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annulment

KALAW vs FERNANDEZ (2015)

READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila FIRST DIVISION G.R. No. 166357         January 14, 2015 VALERIO E. KALAW, Petitioner, vs. MA. ELENA FERNANDEZ, Respondent.   R E S […]

June 19, 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

SUAZO vs SUAZO

READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila SECOND DIVISION G.R. No. 164493         March 10, 2010 JOCELYN M. SUAZO, Petitioner, vs. ANGELITO SUAZO and REPUBLIC OF THE PHILIPPINES, Respondents. […]

June 14, 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

TING vs VELEZ-TING

READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila THIRD DIVISION G.R. No. 166562          March 31, 2009 BENJAMIN G. TING, Petitioner, vs. CARMEN M. VELEZ-TING, Respondent.   D E C […]

June 7, 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

ABUNADO vs PEOPLE

READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila FIRST DIVISION G.R. No. 159218          March 30, 2004 SALVADOR S. ABUNADO and ZENAIDA BIÑAS ABUNADO, Petitioners, vs. PEOPLE OF THE […]

June 1, 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

FUJIKI vs MARINAY

READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila SECOND DIVISION G.R. No. 196049         June 26, 2013 MINORU FUJIKI, Petitioner, vs. MARIA PAZ GALELA MARINAY, SHINICHI MAEKARA, LOCAL CIVIL […]

May 31, 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
 

DEDEL vs COURT OF APPEALS

READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila First Division   G.R. No. 151867    January 29, 2004 DAVID B. DEDEL, petitioner, vs. COURT OF APPEALS and SHARON L. […]

August 26, 2012
 

JIMENEZ vs CAÑIZARES

READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-12790             August 31, 1960 JOEL JIMENEZ, plaintiff-appellee, vs. REMEDIOS CAÑIZARES, defendant. […]

August 25, 2012

ANTONIO vs REYES

READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila THIRD DIVISION G.R. No. 155800          March 10, 2006 LEONILO ANTONIO Petitioner, vs. MARIE IVONNE F. REYES, Respondent.   D E C […]

August 25, 2012
 

ORLANDO VILLANUEVA vs COURT OF APPEALS

READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila FIRST DIVISION G.R. No. 132955             October 27, 2006 ORLANDO VILLANUEVA, petitioner, vs. HON. COURT […]

August 25, 2012
 

ALMELOR vs LAS PIÑAS RTC

READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila THIRD DIVISION [G.R. No. 179620, August 26, 2008] MANUEL G. ALMELOR, PETITIONER, VS. THE HON. REGIONAL TRIAL COURT OF LAS […]

August 25, 2012
 

RAYRAY vs LEE

READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-18176            October 26, 1966 LAZARO B. RAYRAY, plaintiff-appellant, vs. CHAE KYUNG […]

August 25, 2012
 

SSS vs BAILON

READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila THIRD DIVISION G.R. No. 165545             March 24, 2006 SOCIAL SECURITY SYSTEM, Petitioner, vs. TERESITA […]

August 25, 2012
 

SUSAN NICDAO CARIÑO vs SUSAN YEE CARIÑO

READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila FIRST DIVISION G.R. No. 132529. February 2, 2001 SUSAN NICDAO CARIÑO, petitioner, vs. SUSAN YEE CARIÑO, respondent.   D E C […]

August 24, 2012
 

REPUBLIC vs DAYOT

READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila THIRD DIVISION [G.R. No. 175581, March 28, 2008] REPUBLIC OF THE PHILIPPINES, Petitioner, vs. JOSE A. DAYOT, Respondent. [G.R. No. […]

August 23, 2012
 

NAVALES vs NAVALES

READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila THIRD DIVISION [G.R. No. 167523, June 27, 2008] NILDA V. NAVALES, PETITIONER, VS. REYNALDO NAVALES, RESPONDENT.   D E […]

August 22, 2012

TE vs YU-TE

READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila THIRD DIVISION G.R. No. 161793         February 13, 2009 EDWARD KENNETH NGO TE, Petitioner, vs. ROWENA ONG GUTIERREZ YU-TE, Respondent, REPUBLIC OF […]

August 22, 2012

SANTOS vs CA (1995)

READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. 112019          January 4, 1995 LEOUEL SANTOS, petitioner, vs. THE HONORABLE COURT OF […]

August 22, 2012
 

CARLOS vs FELICIDAD SANDOVAL

READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila THIRD DIVISION G.R. No. 179922             December 16, 2008 JUAN DE DIOS CARLOS, petitioner, vs. […]

August 22, 2012

DE CASTRO vs DE CASTRO

READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila SECOND DIVISION   G.R. No. 160172             February 13, 2008 REINEL ANTHONY B. DE CASTRO, petitioner, […]

August 11, 2012

TENEBRO vs CA

READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. 150758             February 18, 2004 VERONICO TENEBRO, petitioner vs. THE HONORABLE […]

August 11, 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
 

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

What is the jurisprudence laid down in Republic vs Molina?

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 […]

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
 

Who may file for the annulment of a void marriage?

A petition for declaration of absolute nullity of void marriage may be filed solely by the husband or wife. Exceptions: (1) Nullity of marriage cases commenced before the effectivity of […]

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

Reinel De Castro vs Annabelle De Castro

545 SCRA 162 – Civil Law – Family Code – Marriages; Void ab initio marriages Reinel and Annabelle met and became sweethearts in 1991.  They applied for a marriage license […]

November 11, 2010

Veronico Tenebro vs Court of Appeals

423 SCRA 272 (467 Phil. 723) – Civil Law – Family Code – Bigamy – Exists even if one marriage is declared void Veronico Tenebro contracted marriage with Leticia Ancajas […]

November 11, 2010