Comprehensive Guidelines on Psychological Capacity
The detailed list in the determination of Psychological Incapacity was laid down by the High Court in the case of Republic vs. Molina. In the interpretation and application of Art. 36 of the Family Code, the Court handed down the guidelines for the guidance of the bench and the bar: Two amici curiae, namely, The […]
Republic v. Matias-Dagdag
Facts On September 7, 1975, Erlinda Matias married Avelino Parangan Dagdag. A week after the wedding, Avelino started leaving his family without explanation. He would disappear for months, and suddenly reappear for a few months, then disappear again. When he was with family, he indulged in drinking sprees with friends and would return home drunk. He would force […]
Norberto Vitangcol vs. People
G.R. No. 207406, Jan. 13, 2016 Lesson: “Marriage License cannot be found” issued by Civil Registrar is not sufficient to invalidate the first marriage and exculpate Vitangcol from the crime of Bigamy. Facts On December 4, 1994, Norberto married Alice G. Eduardo (Alice) at the Manila Cathedral in Intramuros. She eventually discovered that Norberto was […]
People vs. Mendoza Digest
Full text Lesson: A bigamous marriage need no judicial decree of nullity. Facts Arturo Mendoza was sentenced by the CFI guilty of bigamy and sentencing him 6 months and 1 day to 6 years of imprisonment. The facts are undisputed: On August 5, 1936, the Arturo married Jovita de Asis. On May 14, 1941 (or after […]
Republic vs CA and Castro Digest
Topic: Absence of marriage license a ground to annul the marriage Facts Angelina Castro sought for a judicial declaration of nullity of her marriage with Edwin Cardenas on the ground that no marriage license was issued to them prior to the solemnization of marriage. The facts are undisputed. Marriage was celebrated in a civil ceremony […]
Falcis vs. Civil Registrar General
Facts Atty Jesus Falcis is an openly-gay lawyer who prayed that Articles 1 and 2 of the Family Code be declared null and void on the ground that it violates the right to equal protection of the LGBT community under the Constitution. Issues and Ruling Should Articles 1, 2, 46(4) and 55(6) of the Family […]
Ninal v Bayadog Digest
Cohabitation as an exception to marriage license must be without legal impediments. The validity of a void marriage may be questioned even after the death of either of the parties. 328 SCRA 122 | Full Text Facts Petitioners Niñal were the children of Pepito Niñal during marriage. Pepito killed their mother and one year and […]
Republic vs. Labrador Digest
Facts Labrador filed to have the name appearing on the birth certificate of Sarah Zita Cañon Erasmo changed from “Sarah Zita Erasmo” to “Sarah Zita Canon” and that the name of Sarah Zita’s mother, which appeared as “Rosemarie B. Canon” in the child’s birth record, be changed to “Maria Rosario Canon.” Petitioner Republic contended that […]
Macadangdang vs. CA and Mejias Digest
The legitimacy of children must not be left at the mercy of the passions, jealousy or anger of their parents. Facts Respondent Elizabeth Mejias was married to Crispin Anahaw but had sexual intercourse with Antonio Macadangdang sometime in March 1967. She alleges that the baby was born in October 1967 (7 months after the illicit […]
Janice Marie Jao vs. CA (1987)
Topics: DNA Testing, Paternity Test Facts Petitioner, represented by her mother Arlene Salgado, filed a case for recognition and support against Perico V. Jao. Perico denied the paternity so they agreed to go to NBI and avail a blood grouping test. The test showed that Janice could not have been the possible offspring of Jao […]
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