Professional Documents
Culture Documents
RECITATION
AU: A & B both Filipinos, married in NY. A then was only 17 years old but
was given the consent of parents. This marriage is a valid marriage under
the law of NY. What is the status of the marriage?
AU: If A & B are 3 degrees removed from each other and got married, what
is the status of the marriage?
AU: A & B were married. A few years after, B went to SG to work. On the 5th
year of B in SG, despite constant communication with B, A obrained a decree of
presumptive death. It became final and executory. Thereafter, A married C who
is the classmate of B. A few days after having been informed of the marriage, B
went back to Ph on Jan 1, 2016. On Aug 5, C gave birth to a baby boy. What is
the status of the marriage between A & C? What is the status of the child?
QUIZ
AU: X filed a petition for declaration of nullity for his marriage with Y.
Article 36. If you are the counsel for Y, what is the first defense to consider?
The best defense is that Y did not fail to comply with her marital obligations. In
actual cases, petitioner ang siya pang hindi gumagawa ng marital obligations.
Pakita mo muna na ginagawa niya ung trabaho niya. Go to the basics. Kapag
hindi siya nakapag comply, go to the reasons. But before going there, show to
the court that your client complied with her marital obligations. In other words,
Article 36 is psychological incapacity. It must be psychological in character.
Despite the lack of proof and the failure to prove PI, the marriage may still be
declared as null and void if the petitioner was determined to be PI. Mind you, a
petitioner may be declared PI depending on the facts of the case. All parties may
also be declared as PI.
Republic v. Quintero-Hamano
Psychological incapacity must be characterized by (a) gravity (b) juridical
antecedence and (c) incurability.—The guidelines incorporate the three
basic requirements earlier mandated by the Court in Santos:
“psychological incapacity must be characterized by (a) gravity (b)
juridical antecedence and (c) incurability.” The foregoing guidelines do
not require that a physician examine the person to be declared
psychologically incapacitated. In fact, the root cause may be “medically
or clinically identified.” What is important is the presence of evidence
that can adequately establish the party’s psychological condition. For
indeed, if the totality of evidence presented is enough to sustain a finding
of psychological incapacity, then actual medical examination of the
person concerned need not be resorted to.
The petition did not prosper. It is not enough that the respondent failed to
comply. The failure to comply must be rooted from psychological incapacity in
character. Na proprove na hindi na comply pero bakit hindi na comply? That’s a
more important question to answer.
Determine if Y is legitimate or not. Why would the law consider the marriage void
if Y is legitimate? Why did the law did not cover illegitimate child?
Determine if the marriage happened during the Civil Code of the Family Code.
Then determine the qualification of “caused the death”. Caused the death may
be negligence. If negligence, it can never be void. But if it is intentional, CIVIL
CODE, the reason does not matter as long as convicted. In FAMILY CODE, intent
must be clear to marry the other, no need for conviction just preponderance of
evidence to be void.
AU: Who can question the validity of a marriage? Who would have the
personality to question the validity of the marriage?
Children will only have the personality when one of the spouse is dead. If both
spouse is alive, the children cannot question the validity of the marriage. Before
the death of either of the spouses, who can question the validity? Real-party in
interest (prior spouse) like in the case of Fujiki v. Marinay.
When the right of the spouse to protect his marriage is violated, the
spouse is clearly an injured party and is therefore interested in the
judgment of the suit. Juliano-Llave ruled that the prior spouse “is clearly
the aggrieved party as the bigamous marriage not only threatens the
financial and the property ownership aspect of the prior marriage but
most of all, it causes an emotional burden to the prior spouse.” Being a
real party in interest, the prior spouse is entitled to sue in order to declare
a bigamous marriage void. For this purpose, he can petition a court to
recognise a foreign judgment nullifying the bigamous marriage and
judicially declare as a fact that such judgment is effective in the
Philippines. Once established, there should be no more impediment to
cancel the entry of the bigamous marriage in the civil registry.
AU: A & B were married in 1988. However, A & B are step-brothers and
step-sisters. Thereafter, B died and was survived by A and C (brother of B).
Can C question the validity of this marriage?
Would the brother have the personality if the marriage is valid? Yes. After the
death of B, the brother is an heir of the estate. In fact, regardless of the validity
of the marriage, he will always have the personality to question the marriage. If
the marriage was solemnized during the family code, the marriage is valid. But
if the marriage was solemnized before the family code, the brother will inherit
everything.
QUIZ
AU: An action for annulment was filed. Plaintiff discovered 6 months into
the marriage that the defendant was suffering from STD. Will the petition
prosper?
If the ground is fraud, it does not matter if STD is curable or not. It should be
existing at the time of the marriage to be void.
AU: A week before his 20th birthday, A was married to B without parental
consent. Thereafter, when A’s 1st child was 3 years old, A left the conjugal
abode. An action for annulment was filed. Did the action prosper?
Determine first who filed the action. If the action was filed by the parents, it will
not prosper.
AU: If the petitioner filed an action for annulment is aware of the STD at
the time of the marriage, will the petition prosper?
No, the action will not prosper. He is already estopped. The provisions used the
word “injured”. Alam mo na eh! Hindi ka na injured jan.
AU: With a decree of annulment, can the wife retain the surname of the
husband?
Guilty spouse, no. Innocent, it depends. Innocent cannot use the surname if
ordered by the court.