EFFECT TO THE SUBSEQUENT MARRIAGE OF THE REAPPEARANCE OF AN ABSENT SPOUSE If the absentee reappears, but no step is taken to terminate

the subsequent marr iage, either by affidavit or by court action, such absentee s mere reappearance, e ven if made known to the spouses in the subsequent marriage, will not terminate such marriage. Since the second marriage has been contracted because of a presum ption that the former spouse is dead, such presumption continues inspite of the spouse s physical reappearance, and by fiction of law, he or she must still be reg arded as legally an absentee until the subsequent marriage is terminated as prov ided by law. ~SSS vs. TERESITA JARQUE VDA. DE BAILON (2006) PROOF OF FILIATION - AUTOBIOGRAPHY Article 176 of the Family Code, as amended, does not, indeed, explicitly state t hat the private handwritten instrument acknowledging the child s paternity must be signed by the putative father. This provision must, however, be read in conjunc tion with related provisions of the Family Code which require that recognition b y the father must bear his signature. ~JENIE SAN JUAN DELA CRUZ, et al. vs. RONA LD PAUL S. GARCIA (2009) PSYCHOLOGICAL INCAPACITY The term "psychological incapacity" to be a ground for the nullity of marriage u nder Article 36 of the Family Code, refers to a serious psychological illness af flicting a party even before the celebration of the marriage. It is a malady so grave and so permanent as to deprive one of the awareness of the duties and resp onsibilities of the matrimonial bond one is about to assume. ~RP vs. LAILA TANYAG-SAN JOSE and MANOLITO SAN JOSE (2007) USE OF FATHER'S SURNAME Ubi jus, ibi remedium. When there is a right, there is a remedy. Conversely, if there is no right, there is no remedy as every remedial right is based on a subs tantive right. Article 176 of the Family Code provides that ?an illegitimate chi ldren shall use the surname and shall be under the parental authority of their m other, and shall be entitled to support in conformity with this Code. The legiti me of each illegitimate child shall consist of one-half of the legitime of a leg itimate child. The rule applies even if petitioner s father admits paternity.? The Court declared in Mossesgeld the Family Code has effectively repealed the pr ovisions of Article 366 of the Civil Code of the Philippines giving a natural ch ild acknowledged by both parents the right to use the surname of the father. ~AN N BRIGITT LEONARDO, et al. vs. CA MS - CPG The presumption under Article 116 of the Family Code that properties acquired du ring the marriage are presumed to be conjugal cannot apply in the instant case. Before such presumption can apply, it must first be established that the propert y was in fact acquired during the marriage. In other words, proof of acquisition during the marriage is a condition sine qua non for the operation of the presum ption in favor of conjugal ownership. No such proof was offered nor presented in the case at bar. ~METROPOLITAN BANK AND TRUST COMPANY, et al. vs. JOSE B. TAN, et al. (2006) PSYCHOLOGICAL INCAPACITY Article 36 must be read in conjunction with the other articles in the Family Cod e, specifically Articles 35, 37, 38, and 41 which provide different grounds to r ender a marriage void ab initio, as well as Article 45 which dwell on voidable m arriages, and Article 55 on legal separation. As all people may have certain qui rks and idiosyncrasies, or isolated characteristics associated with certain pers onality disorders, there is hardly a doubt that the intendment of the law has be en to confine the meaning of "psychological incapacity" to the most serious case s of personality disorders clearly demonstrative of an utter insensitivity or in ability to give meaning and significance to the marriage. The root cause must be

identified as a psychological illness, and its incapacitating nature must be fu lly explained the mere showing of "irreconcilable differences" and "conflicting personalities" does not constitute psychological incapacity nor does failure of the parties to meet their responsibilities and duties as married persons. It is essential that the parties to a marriage must be shown to be insensitive to or i ncapable of meeting their duties and responsibilities due to some psychological (not physical) illness, which insensitivity or incapacity should have been exist ing at the time of the celebration of the marriage even if it becomes manifest o nly after its solemnization. ~RP vs. LYNNETTE CABANTUG-BAGUIO (2008)