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HELD: The petition for review for certiorari was granted. The
decision of the CA was reversed and set aside, and the
decision of the trial court was reinstated. Both parties afflicted
with grave, severe and incurable psychological incapacity, the
precipitous marriage is, thus, declared null and void. For the
fulfillment of the obligations of marriage depends on the
strength of this interpersonal relationship. A serious incapacity
for interpersonal sharing and support is held to impair the
relationship and consequently, the ability to fulfill the essential
marital obligations.
FACTS: FACTS:
Carmen Quimiguing, the petitioner, and Felix Icao, the Nita Villanueva, the wife of Oscar lazo, respondent, came to
defendant, were neighbors in Dapitan City and had close and know Antonio Geluz, the petitioner and physician, through her
confidential relations. Despite the fact that Icao was married, aunt Paula Yambot. Nita became pregnant some time in 1950
he succeeded to have carnal intercourse with plaintiff several before she and Oscar were legally married. As advised by her
times under force and intimidation and without her consent. As aunt and to conceal it from her parents, she decided to have it
a result, Carmen became pregnant despite drugs supplied by aborted by Geluz. She had her pregnancy aborted again on
defendant and as a consequence, Carmen stopped studying. October 1953 since she found it inconvenient as she was
Plaintiff claimed for support at P120 per month, damages and employed at COMELEC. After two years, on February 21,
attorney’s fees. The complaint was dismissed by the lower 1955, she again became pregnant and was accompanied by
court in Zamboanga del Norte on the ground lack of cause of her sister Purificacion and the latter’s daughter Lucida at
action. Plaintiff moved to amend the complaint that as a result Geluz’ clinic at Carriedo and P. Gomez Street. Oscar at this
of the intercourse, she gave birth to a baby girl but the court time was in the province of Cagayan campaigning for his
ruled that “no amendment was allowable since the original election to the provincial board. He doesn’t have any idea nor
complaint averred no cause of action”. given his consent on the abortion.
ISSUE: Whether plaintiff has a right to claim damages. ISSUE: Whether husband of a woman, who voluntarily
procured her abortion, could recover damages from the
HELD: physician who caused the same.
ISSUES:
HELD:
ISSUE:
Whether or not Lau Yuen Yeung ipso facto became a Filipino
citizen upon her marriage to a Filipino citizen.
HELD:
Under Section 15 of Commonwealth Act 473, an alien woman
marrying a Filipino, native born or naturalized, becomes ipso
facto a Filipina provided she is not disqualified to be a citizen of
the Philippines under Section 4 of the same law. Likewise, an
alien woman married to an alien who is subsequently
naturalized here follows the Philippine citizenship of her
husband the moment he takes his oath as Filipino citizen,
provided that she does not suffer from any of the
disqualifications under said Section 4. Whether the alien
woman requires to undergo the naturalization proceedings,
Section 15 is a parallel provision to Section 16. Thus, if the
widow of an applicant for naturalization as Filipino, who dies
during the proceedings, is not required to go through a
Juan Frivaldo vs Commission on Elections
174 SCRA 245 – UYTENGSU vs. REPUBLIC Case Digest
Law on Public Officers – Citizenship of a Public Officer UYTENGSU vs. REPUBLIC
95 P.R. 890
In 1988, Juan Frivaldo won as governor of Sorsogon. Salvador
Estuye, President of the League of Municipalities of Sorsogon, Facts: Petitioner-appellee was born, of Chinese parents, in
filed with the COMELEC a petition for annulment of Frivaldo’s Dumaguete, Negros Oriental on October 6, 1927, where he
election and proclamation because apparently, Frivaldo, in also finished his primary and secondary education. He went to
1983, was naturalized as an American. In his defense, Frivaldo the United States, where, from 1947 to 1950, he was enrolled
said that he was forced to be naturalized because the then in the Leland Stanford Junior University, in California. In April
President Marcos was after him; but that participating in the of the same year he returned to the Philippines for four (4)
Philippine elections, he has effectively lost his American months vacation. Then, to be exact, on July 15, 1950, his
citizenship pursuant to American laws. He also assailed the present application for naturalization was filed. Forthwith, he
petition as he claimed that it is in the nature of a quo warranto returned to the United States and took a postgraduate course,
which is already filed out of time, the same not being filed ten in chemical engineering, in another educational institution. He
days after his proclamation. finished this course in July 1951; but did not return to the
Philippines until October 13, 1951.
ISSUE: Whether or not Frivaldo can validly serve as a
governor. Petitioner contends, and the lower court held, that the word
“residence”, as used in the aforesaid provision of the
HELD: No. He has not regained Filipino citizenship. As far as Naturalization Law, is synonymous with domicile, which, once
Philippine law is concerned, he is not a Filipino. He lost his acquired, is not lost by physical absence, until another domicile
citizenship when he declared allegiance to the United States. is obtained, and that, from 1946 to 1951, he continued to be
Even if he did lose his US citizenship, that did not restore his domiciled in, and hence a resident of the Philippines, his
being a Filipino because he did not undergo naturalization or purpose in staying in the United States, at that time, being,
repatriation proceedings. Neither did his participation in the merely to study therein.
1988 elections restore his Philippine citizenship. At best, he is
a stateless person. He cannot serve as governor when he Issue: Whether or not the application for naturalization may be
owes allegiance to a foreign state. The fact that he was elected granted, notwithstanding the fact that petitioner left the
by the people of Sorsogon does not excuse this patent Philippines immediately after the filing of his petition and did
violation of the salutary rule limiting public office and not return until several months after the first date set for the
employment only to the citizens of this country. The hearing thereof.
qualifications prescribed for elective office cannot be erased by
the electorate alone. The will of the people as expressed Held: While, generally speaking, domicile and residence mean
through the ballot cannot cure the vice of ineligibility, especially one and the same thing, residence combined with intention to
if they mistakenly believed, as in this case, that the candidate remain, constitutes domicile while an established abode, fixed
was qualified. Obviously, this rule requires strict application permanently for a time for business or other purposes,
when the deficiency is lack of citizenship. If a person seeks to constitutes a residence, though there may be an intent,
serve in the Republic of the Philippines, he must owe his total existing all the while, to return to the true domicile.
loyalty to this country only, abjuring and renouncing all fealty
and fidelity to any other state. Where the petitioner left the Philippines immediately after the
filing of his petition for naturalization and did not return until
several months after the first date set for the hearing thereof,
notwithstanding his explicit promise, under oath, that he would
reside continuously in the Philippines “from the date of the
filing of his petition up to the time of his admission to Philippine
citizenship”, he has not complied with the requirements of
section 7 of Commonwealth Act No. 473, and, consequently,
not entitled to a judgment in his favor.
Romualdez-Marcos vs COMELEC former residence and establishing a new one, and acts which
TITLE: Romualdez-Marcos vs. COMELEC correspond with the purpose. In the absence and concurrence
CITATION: 248 SCRA 300 of all these, domicile of origin should be deemed to continue.
HELD: