Beruflich Dokumente
Kultur Dokumente
To be
actionable, there must be some act independent of the breach of
promise to marry such as carnal knowledge.
The Supreme Court ruled that damages could not be awarded if sexual
intercourse is a product of voluntariness and mutual desire.
Article 21, not because of such promise to marry but because of the
fraud and deceit behind it and the willful injury to her honor and
reputation which followed thereafter. It is essential, however, that such
injury should have been committed in a manner contrary to morals,
good customs or public policy.
QUESTION:
o Can the Office of the Ombudsman be compelled by mandamus to
file a case against a town mayor for a crime committed?
ANSWER:
o The filing of a case depends on whether there is a probable
cause or whether there is a prima facie case, based on the
evidence in its possession. This is a discretionary function, not a
ministerial function, and the Ombudsman cannot therefore be
compelled to file a case if in its honest evaluation, there is no
sufficient evidence to establish a prima facie case.
Article 50. For the exercise of civil rights and the fulfillment of civil
obligations, the domicile of natural persons is the place of their
habitual residence.
The wife does not automatically gain the husbands domicile because
the term residence in Civil Law does not mean the same thing in
Political Law;
Even assuming that she gained a new domicile after her marriage and
acquired the right to choose a new one after her husband died, her
acts following her return to the country clearly indicate that she chose
Tacloban, her domicile of origin, as her domicile of choice
MARRIAGE
Marriage for immigration purpose and ruled that under Article 2 for
consent to be valid, it must be (1) freely given and (2) made in the
presence of a solemnizing officer. There was clear intention to enter
into a real and valid marriage so as to fully comply with the
requirements of an application for citizenship. There was a full and
complete understanding of the legal tie that would be created between
them, since it was that precise legal tie which was necessary to
accomplish their goal.
(b) Affidavit setting forth the circumstance of the current status of the
applicant and date of death of the deceased spouse just in case the
Death certificate cannot be secured.
Marriage license is valid only within the Philippines and not abroad.
relationship.
EXCEPTIONS:
Such marriage though void still needs a judicial declaration of such fact
and for all legal intents and purposes she would still be regarded
woman at the time she contracted her marriage; accordingly, the
marriage of petitioner and respondent would be regarded VOID under
the law.
SC: Sorry guys harsh gali sang Molina ruling. the Court, in
conveniently applying Molina has allowed diagnosed sociopaths,
schizophrenics, nymphomaniacs, narcissists and the like, to
continuously debase and pervert the sanctity of marriage. And
declared that dependent personality disorder and antisocial personality
disorder are psychological incapacity. Here, the Court apologized for
Pesca.
RP vs CA
is, the conjugal act, the community of life and love, the rendering of
mutual help, and the procreation and education of offspring; and
the inability must be tantamount to a psychological abnormality
The enumeration constituting fraud is exclusive and that nondisclosure of a husbands pre-marital relationship with another woman
is not one of the enumerated circumstances that would constitute a
ground for annulment.
When a woman was only four months pregnant at the time of her
marriage, her pregnancy would not be readily apparent, especially
since she was naturally plump or fat and because she must have
attempted to conceal the true state of affairs.
Venue: The Petition shall be filed in the Family Court of the province or
city where the petitioner or the respondent has been residing for at
least six months prior to the date of filing. Or in the case of non-
Where no answer is filed or if the answer does not tender an issue, the
court shall order the public prosecutor to investigate whether collusion
exists between the parties.
Effect of failure to appear at the pre-trial.
(a) If the petitioner fails to appear personally, the case shall be
dismissed unless his counsel or a duly authorized representative
appears in court and proves a valid excuse for the non-appearance
of the petitioner.
(b) If the respondent has filed his answer but fails to appear, the court
shall proceed with the pre-trial and require the public prosecutor to
investigate the non-appearance of the respondent and submit within
fifteen days thereafter a report to the court stating whether his nonappearance is due to any collusion between the parties. If there Is no
collusion, the court shall require the public prosecutor to intervene for
the State during the trial on the merits to prevent suppression or
fabrication of evidence.
Trial: The presiding judge shall personally conduct the trial of the case.
No delegation of the reception of evidence to a commissioner shall be
allowed except as to matters involving property relations of the
spouses.
Effect of Death
(a) In case a party dies at any stage of the proceedings before the
entry of judgment, the court shall order the case closed and
terminated, without prejudice to the settlement of the estate in proper
proceedings in the regular courts.
(b) If the party dies after the entry of judgment of nullity or annulment,
the judgment shall be binding upon the parties and their successors in
interest in the settlement of the estate in the regular courts.
or sound securities
4. court shall quote in the Decree the dispositive portion of the
judgment entered and attach to the Decree the approved deed of
partition
LEGAL SEPARATION
The fact that respondent got married and had children is not proof
against his claim of homosexuality. As pointed out by the investigating
judge, it is possible that respondent was only suppressing or hiding his
true sexuality.
EQUAL GUILT: The reason for this rule lies in the equitable maxim that
he who comes into equity must come with clean hands. Also, it is also
a rule that, when two persons acted in bad faith, they should be
considered as having acted in good faith. They are in pari delicto.
Hence, the plaintiff-spouse cannot invoke the guilt of the other if such
plaintiff-spouse is guilty of giving grounds for legal separation.
EFFECTS OF RECONCILIATION:
1. pending: terminated in whatever stage
2. final decree set aside but separation of property and forfeiture of share
of guilty spouse shall subsist
XP:
1. both aliens
2. extrinsic validity affecting property not situated in the Philippines
and executed in country where property is located
3. extrinsic validity of contracts entered into in the Phils but affecting
property in a foreign country
If you want to donate to your own future spouse, dapat and property
regime uh, any regime other than ACP, and it must not exceed 1/5 of
your present property. Funny gani kay kun ACP wala prohibition which
is ridiculous because once you get married, your properties are
merged. Also, basic sa donations that it must be accepted.
Hirap, teh. In the event the marriage is not celebrated, the donor has
the option to revoke or maintain the donation. If, however, the
donation propter nuptias is contained in a marriage settlement
executed prior to the marriage and the marriage ceremony does not
take place, such donation shall be considered void. If the donation is
void as it is contained in a marriage settlement, the period within
which to declare the donation void does not prescribe.
GR: Donor must not be too excited. The mere fact that a marriage is
provided by law as void is not enough for the donor to have the right to
revoke the donation. There must first be a judicial declaration that the
marriage is void.
XP:
1. marriage contracted prior JDNM and the donee-spouse is in BF:
revoked by operation of law
2. BF on part of both spouses in presumptive death case, under A. 44
subsequent marriage is void and all donations are revoked by
operation of law
3. All other cases where marriage judic declared void on grounds other
than 40 in relation to 52&53. GF or BF becomes irrelevant
4. Bigamous
5. Guilty of adultery or concubinage
6. Failure to comply with mandatory recording and distribution of
properties under A. 52. Hw, good faith may be invoked in revocation
of donations
CRIME/ QD: The absolute community property shall not be liable to pay
the obligation or debt arising from crime or quasi-delict of a particular
spouse. The separate property of the erring spouse shall be liable.
However, in case of absence or insufficiency of the exclusive property
WILL: Considering that an absolute community of property is a coownership, the spouse can only dispose his or her interest in the
community property and not in a specific property.
"married to" is merely descriptive of the civil status of the wife and
cannot be interpreted to mean that the husband is also a registered
owner. Because it is likewise possible that the property was acquired
by the wife while she was still single and registered only after her
marriage, neither would registration thereof in said manner constitute
proof that the same was acquired during the marriage and, for said
reason, to be presumed conjugal in nature. "Since there is no showing
as to when the property in question was acquired, the fact that the title
is in the name of the wife alone is determinative of its nature as
paraphernal, i.e., belonging exclusively to said spouse."
Property was only registered under the name of true and exclusive
owner-spouse and wherein the name of the other was included therein,
such property is still the exclusive property of the spouse who bought it
by his or her exclusive funds prior to the marriage and the registration
after the marriage of the certificate of title under co-ownership of the
spouses to both spouse creates a trust, thereby necessitating the
restoration to the real owner-spouse of the subject property upon
liquidation
NEW CAR IS CONJUGAL: While it may be true that at the time of their
marriage, the wife had an automobile, that automobile has long since
passed out of existence, and the mere fact that each successive car
was turned in as part of the purchase price of a new car, would not
make every automobile in the future paraphernal, but on the contrary,
it becomes conjugal and responsible for the debts of the partnership.
The final decision of the court rendered against the erring spouse
embodying the penalty of civil interdiction is enough for the court to
approve a judicial separation of property.
The judicial declaration of absence shall not take effect until 6 months
after its publication in a newspaper of general circulation. The final
decision of the court declaring the spouse absent is enough for the
court to approve judicial separation of property.
147: The foregoing rules on forfeiture shall likewise apply even if both
parties are in both faith.
Nicdao vs. Cario: The Supreme Court held that that Carino-Nicdao
marriage is void ab initio on account of the absence of a marriage
license. Thus, the property regime of Nicdao and the deceased is
governed by Art. 147 of the FC. This article applies to unions of parties
who are legally capacitated and not barred by any impediment to
contract marriage, but whose marriage is nonetheless void for other
reasons, like absence of a marriage license.
The claim for exemption should be set up and proved to the Sheriff
before the sale of the property at public auction. Failure to do so would
estop the party from later claiming the exemption.
and partly on the exclusive property of either spouse with the consent
of the latter.
The death of the putative father does not preclude DNA testing for as
long as there are biological samples available.
The case was dismissed because her second husband did not join the
petition. Even if the children were already of age, there was still a need
for joint adoption. Even if Moninas husband had already filed for
divorce, for as long as there was no decree yet, the Court ruled that
they should file jointly.
The adopted or the adoptee does not have the right of representation
in the law of succession. Representation is a right created by fiction of
law, by virtue of which the representative is raised to the place and the
degree of the person represented, and acquires the rights which the
latter would have if he were living or if he could have inherited. It must
be importantly emphasized however that the representative is called
to the succession by the law and not by the person represented. The
representative does not succeed the person represented but the one
whom the person represented would have succeeded.
It has been held that the adultery of the wife is a valid defense against
an action for support. Also a spouse who leaves the conjugal home or
refuses to live therein, without just cause, shall not have the right to be
supported from the conjugal properties or the absolute community
property.
The collateral blood relatives obliged to support each other are limited
to legitimate brothers and sisters, whether of the full or half-blood.
Hence, uncles, aunts, nephews and nieces are not obliged to support
each other.
Brothers and sisters, illegitimately related, whether of the full or halfblood, are also entitled to support each other. However, if an
illegitimate brother or sister is of age and the need for his or her
support is due to his or her fault or negligence, support does not
become a demandable right and, therefore, may not be given at all.
The death of one of the parents will not terminate the parental
authority of the surviving parent over their children. Upon remarriage
of the surviving parent, the parental authority over the children shall
likewise not be affected. The new spouse, by virtue of his or her
marrying the surviving parent does not automatically possess parental
authority over the children of the surviving parent unless such new
spouse adopts the children.
FILIAL PRIVILEGE:
No descendant shall be compelled, in a criminal case, to testify against
his parents and grandparents, except when such testimony is
indispensable in a crime against the descendant or by one parent
against the other.