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

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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

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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

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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

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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

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How will the courts should interpret the provision on psychological incapacity as a ground for the declaration of nullity of a marriage?

In the recent case of Te v. Yu-Te and the Republic of the Philippines,[4] this Court reiterated that courts should interpret the provision on psychological incapacity (as a ground for the declaration of nullity of a marriage) on a case-to-case … Continue reading

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