Ninal v. Badayog 1.

The general rule is that the law in force during the time of the celebration of marrigae shall govern. 2. The Supreme Court held that there must be no legal impediment during the enti re five or more years that the parties are living as husband and wife. Since the re is only a difference of one year and eight months since the death of the firs t wife and the execution of their affidavit, the five-year requirement is not met, even if they have cohabited dur ing the subsistence of the previous marriage. Nicdao-Carino v. Carino The certification of the civil registrar shall enjoy high probative value. Garcia v. Recio 1. If the Filipino is already naturalized, Article 26 will not apply but the law where he was naturalized. 2. If without a certification of legal capacity and the marriage license is none theless issued, the marriage celebrated on the basis of such license shall not b e considered void for such is a mere irregularity. (Art. 21, FC) Rep v Molina 1. The Supreme Court held that the actions of the wife, described by the wife as highly immature and habitually quarrelsome who thought himself as a king to be served, does not amount to psychological incapacity. It held that what existed are mere irreconcilable differences. It also laid down in this case the guidelines to be followed by the courts in interpreting Art. 36.

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