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Recent Posts
- Family Code provisions on substitute parental authority of grandparents
- Family Code provisions on parental authority
- What is a travel clearance for minors?
- What is the reason behind the visitorial right of an illegitimate father over his children?
- Can Father of Illegitimate Child Obtain Custody when Mother is Abroad?
- Can the Father Compel An Illegitimate Child To Use His Surname?
- What are the grounds for petition for guardianship?
- When can an illegitimate child use the surname of his father?
- Does the Use of father’s surname grant legitimacy to child?
- Travel Clearance Required for Travel of Minors Abroad
- The rule is that children older than 7 years old are allowed to state his preference. Is the court bound by such preference?
- Does the law allow a waiver of parental authority?
- In the case a child is taken away without the consent of the single mother, what legal actions can a single mother take?
- What can single mothers do to demand child support from the father?
- What are the specific laws that pertain to child support, especially for single mothers?
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- if there is already a writ of execution, there must still be a need for a special order for the purpose of demolition issued by the court before the officer in charge can destroy, demolish or remove improvements over the contested property
- What instances when a warrantless search is valid?
- Certiorari under Rule 45 and 65 Distinguished
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Category Archives: Marriage
Does the conviction of adultery carry the accessory of civil interdiction which deprives the person of the rights to manage her property and to dispose of such property inter vivos?
The conviction of adultery does not carry the accessory of civil interdiction. Article 34 of the Revised Penal Code provides for the consequences of civil interdiction: 34. Civil Interdiction. – Civil interdiction shall deprive the offender during the time of … Continue reading
Posted in Criminal Law, Family Code, Marriage, Penalties
Tagged Adultery, Civil Interdiction, Does the conviction of adultery carry the accessory of civil interdiction which deprives the person of the rights to manage her property and to dispose of such property inter vivos?, Family, Marriage
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Injured parties have the legal personalities to file the declaration of nullity of marriage
Zorayda and Adib, as the injured parties, have the legal personalities to file the declaration of nullity of marriage. A.M. No. 02-11-10-SC, which limits to only the husband or the wife the filing of a petition for nullity is prospective … Continue reading
The only law in force governing marriage relationships between Muslims and non-Muslims alike in 1958 was the Civil Code of 1950, under the provisions of which only one marriage can exist at any given time
The Civil Code governs the marriage of Zorayda and the late Sen. Tamano; their marriage was never invalidated by PD 1083. Sen. Tamano’s subsequent marriage to Estrellita is void ab initio. The marriage between the late Sen. Tamano and Zorayda … Continue reading
Even assuming that there is a lack of report of collusion or a lack of participation by the public prosecutor, the lack of participation of a fiscal does not invalidate the proceedings in the trial court
The Public Prosecutor issued a report as to the non-existence of collusion. Aside from Article 48 of the Family Code and Rule 9, Section 3(e) of the Rules of Court, the Rule on Declaration of Absolute Nullity of Void Marriages and … Continue reading
Posted in Family Code, Marriage
Tagged Even assuming that there is a lack of report of collusion or a lack of participation by the public prosecutor the lack of participation of a fiscal does not invalidate the proceedings in the trial cou, The Public Prosecutor issued a report as to the non-existence of collusion.
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Acrimony and infidelity may be grounds for legal separation, but certainly not psychological incapacity that voids a marriage
A petition for declaration of nullity of marriage is governed by Article 36 of the Family Code which provides: ART. 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with … Continue reading
Posted in Definitions, Family Code, Marriage, Psychological Incapacity
Tagged Acrimony and fidelity may be grounds for legal separation but certainly not psychological incapacity that voids a marriage, Definition and nature of psychological incapacity as ground for the nullity of marriage
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