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Hence, the petition was denied and assailed decision was affirmed
Solicitor General, appealed originally to the Court of Appeals from the decision of RTC granting the
petition of respondent spouses to adopt the minor Michael Magno Madayag. In its decision promulgated
on April 17, 1996, the Court of Appeals certified the case to the Supreme Court because the petition
raised question of law.
Issue:
Whether or not the court may allow aliens to adopt a Filipino child despite prohibition the Family
Code, effective August 3, 1988, when the petition for adoption was filed on July 29, 1988, under the
provision of the Child and Youth Welfare Code which allowed aliens to adopt.
Held:
Yes. An alien who filed a petition for adoption before the effectivity of the Family Code, although
denied the right to adopt under Article 184 of the said Code, may continue with his petition under the law
prevailing before the Family Code. They acquired a vested right which could not be affected by the
subsequent enactment of a newlaw disqualifying him. The Supreme Court hereby affirm the appeal
decision of the Regional Trial Court.
8.)
HELD:
Yes. Article 40 is applicable to remarriages entered into after the effectivity of the Family Code on
August 3, 1988 regardless of the date of the first marriage. Besides, under Article 256 of the Family
Code, said Article is given retroactive effect insofar as it does not prejudice or impair vested or
acquired rights in accordance with the Civil Code or other laws. This is particularly true with Article 40,
which is a rule of procedure. Respondent has not shown any vested right that was impaired by the
application of Article 40 to his case.
H: As a general rule provided in Article 4 of the NCC: Laws shall have no retroactive
effect, unless the contrary is provided.
R: Article 40 of the Family Code provides that a Judicial Declaration of Nullity is
required before a party can enter into second marriage however the said Code took
effect only on August 3, 1988 and the marriages that respondent contracted was
1965 and 1991 however the provisions of this code shall apply regardless of the
date of the marriage, besides under Article 256 of the Family Code, said Article is
given retroactive effects in so far as it does not prejudice or impair vested or
acquired rights in accordance with the Civil Code or other laws this is particularly
true with Article 40 which is a rule of Procedure, herein respondent has not shown
any vested rights that was impaired by the application of Article 40 ti his case.
9.)
Ty vs CA Case Digest
Ty vs. CA
Held: SC is in the opinion of the lower courts that no damages should be awarded to the wife who sought
damages against the husband for filing a baseless complaint causing her mental anguish,anxiety,
besmirched reputation, social humiliation and alienation from her parents. Aside from the fact, that
petitioner wants her marriage to private respondent held valid and subsisting. She is likewise suing to
maintain her status as legitimate wife. To grant her petition for damages would result to a situation where
the husband pays the wife damages from conjugal or common funds. To do so, would make the
application of the law absurd. Moreover, Philippine laws do not comprehend an action for damages
between husband and wife merely because of breach of a marital obligation.
Hence, the petition was granted. Marriage between Ty and Reyes is declared valid and subsisting and the
award of the amount of P15,000 is ratified and maintained as monthly support to their 2 children for as
long as they are of minor age or otherwise legally entitled thereto.
The petitioner alleged that the marriage between A and B had been celebrated without a marriage license,
due to such license being issued only on January 9, 1950, thereby rendering the marriage voidab initio for
having
been
solemnized
without
a marriage
license.
ISSUE: Whether a person may bring an action for the declaration of the absolute nullity of the marriage of
his
deceased
brother
solemnized
under
the
regime
of
the
OLD
Civil
Code?
RULING: YES. Before anything more, the Court has to clarify the impact to the issue posed herein of
Administrative Matter (A.M.) No. 02-11-10-SC (Rule on Declaration of Absolute Nullity of Void Marriages
and
Annulment
of
Voidable
Marriages),
which
took
effect
on
March
15,
2003.
Section 2, paragraph (a), of A.M. No. 02-11-10-SC explicitly provides the limitation that a petition for
declaration of absolute nullity of void marriage may be filed solely by the husband or wife. Such limitation
demarcates a line to distinguish between marriages covered by the Family Code and those solemnized
under the regime of the Civil Code. Specifically, A.M. No. 02-11-10-SC extends only to marriages covered
by the Family Code, which took effect on August 3, 1988, but, being a procedural rule that is prospective
in
application,
is
confined
only
to
proceedings
commenced
after
March
15,
2003.
Based on Carlos v. Sandoval, the following actions for declaration of absolute nullity of a marriage are
excepted
from
the
limitation,
to
wit:
Those commenced before March 15, 2003, the effectivity date of A.M. No. 02-11-10-SC; and
Those filed vis--vis marriages celebrated during the effectivity of the Civil Code and, those celebrated
under
the
regime
of
the
Family
Code
prior
to
March
15,
2003.
Considering that the marriage between A and B was contracted on December 26, 1949, the applicable
law was the old Civil Code, the law in effect at the time of the celebration of the marriage. Hence, the rule
on the exclusivity of the parties to the marriage as having the right to initiate the action for declaration of
nullity of the marriage under A.M. No. 02-11-10-SC had absolutely no application to the petitioner.
11.) BENJAMIN G. TING v. CARMEN M. VELEZ-TINGG.R. No. 166562 March 31, 2009
FACTS:
On October 21, 1993, after being married for more than 18 years to petitioner and while their youngest
child was only two years old, Carmen filed a verified petition before the RTC of Cebu City praying for the
declaration of nullity of their marriage based on Article36 of the Family Code. She claimed that Benjamin
suffered from psychological incapacity even at the time of the celebration of their marriage, which,
however, only became manifest thereafter.
On January 9, 1998, the lower court rendered its decision declaring the marriage between petitioner and
respondent null and void. The RTC gave credence to Dr. Oates findings and the admissions made
by Benjamin in the course of his deposition, and found him to be psychologically incapacitated to comply
with the essential obligations of marriage.
On October 19, 2000, the petitioner appealed to the CA, reversing the trial courts ruling
.ISSUE:
Whether or not the CA correctly ruled that the requirement of proof of psychological incapacity for the
declaration of absolute nullity of marriage based on Article 36 of the Family Code has been liberalized
HELD
No, by the very nature of cases involving the application of Article 36, it is logical and understandable to
give weight to the expert opinions furnished by psychologists regarding the psychological temperament of
parties in order to determine the root cause, juridical antecedence, gravity and incurability of the
psychological incapacity. However, such opinions, while highly advisable, are not conditions sine qua non
in granting petitions for declaration of nullity of marriage. At best, courts must treat such opinions as
decisive but not indispensable evidence in determining the merits of a given case. In fact, if the totality of
evidence presented is enough to sustain a finding of psychological incapacity, then actual medical or
psychological examination of the person concerned need not be resorted to. The trial court, as in any
other given case presented before it, must always base its decision not solely on the expert opinions
furnished by the parties but also on the totality of evidence adduced in the course of the proceedings.
But where, as in this case, the parties had the full opportunity to present professional and expert opinions
of psychiatrists tracing the root cause, gravity and incurability of a partys alleged psychological
incapacity, then such expert opinion should be presented and, accordingly, be weighed by the court in
deciding whether to grant a petition for nullity of marriage.
The petition for review on certiorari is GRANTED
*** (ART. 15, 16, 17, 50, 51 (NEW CIVIL CODE); ART. 26, FAMILY CODE
13)Pilapil vs Ibay-Somera
TITLE: Imelda Manalaysay Pilapil v Hon. Corona Ibay-Somera
CITATION: GR No. 80116, June 30, 1989| 174 SCRA 653
FACTS:
Imelda M. Pilapil, a Filipino citizen, was married with private respondent, Erich Ekkehard
Geiling, a German national before the Registrar of Births, Marriages and Deaths at
Friedensweiler, Federal Republic of Germany. They have a child who was born on April 20,
1980 and named Isabella Pilapil Geiling. Conjugal disharmony eventuated in private
respondent and he initiated a divorce proceeding against petitioner in Germany before the
Schoneberg Local Court in January 1983. The petitioner then filed an action for legal
separation, support and separation of property before the RTC Manila on January 23, 1983.
The decree of divorce was promulgated on January 15, 1986 on the ground of failure of
marriage of the spouses. The custody of the child was granted to the petitioner.
On June 27, 1986, private respondent filed 2 complaints for adultery before the City Fiscal
of Manila alleging that while still married to Imelda, latter had an affair with William Chia as
early as 1982 and another man named Jesus Chua sometime in 1983.
ISSUE: Whether private respondent can prosecute petitioner on the ground of adultery even
though they are no longer husband and wife as decree of divorce was already issued.
HELD:
The law specifically provided that in prosecution for adultery and concubinage, the person
who can legally file the complaint should be the offended spouse and nobody else. Though
in this case, it appeared that private respondent is the offended spouse, the latter obtained
a valid divorce in his country, the Federal Republic of Germany, and said divorce and its legal
effects may be recognized in the Philippines in so far as he is concerned. Thus, under the
same consideration and rationale, private respondent is no longer the husband of petitioner
and has no legal standing to commence the adultery case under the imposture that he was
the offended spouse at the time he filed suit.
provided it is consistent with their respective laws. Therefore, before our courts can recognize a foreign
divorce, the party pleading it must prove the divorce as a fact and demonstrate its conformity to the
foreign law allowing it.
In this case, the divorce decree between the respondent and Samson appears to be authentic, issued by
an Australian family court. Although, appearance is not sufficient; and compliance with the rules on
evidence regarding alleged foreign laws must be demonstrated, the decree was admitted on account of
petitioners failure to object properly because he objected to the fact that it was not registered in the Local
Civil Registry of Cabanatuan City, not to its admissibility.
Respondent claims that the Australian divorce decree, which was validly admitted as evidence,
adequately established his legal capacity to marry under Australian law. However, there are two types of
divorce, absolute divorce terminating the marriage and limited divorce merely suspending the marriage. In
this case, it is not known which type of divorce the respondent procured.
Even after the divorce becomes absolute, the court may under some foreign statutes, still restrict
remarriage. Under the Australian divorce decree a party to a marriage who marries again before this
decree becomes absolute commits the offense of bigamy. This shows that the divorce obtained by the
respondent might have been restricted. Respondent also failed to produce sufficient evidence showing
the foreign law governing his status. Together with other evidences submitted, they dont absolutely
establish his legal capacity to remarry according to the alleged foreign law.
Case remanded to the court a quo. The marriage between the petitioner and respondent can not be
declared null and void based on lack of evidence conclusively showing the respondents legal capacity to
marry petitioner. With the lack of such evidence, the court a quo may declare nullity of the parties
marriage based on two existing marriage certificates.
16.) Morigo vs People (Art 15, 16, 17, 50, 51 NCC Art.26 Family)
Morigo vs. People
GR No. 145226, February 6, 2004
FACTS:
Lucio Morigo and Lucia Barrete were boardmates in Bohol. They lost contacts for a while but after
receiving a card from Barrete and various exchanges of letters, they became sweethearts. They got
married in 1990. Barrete went back to Canada for work and in 1991 she filed petition for divorce in
Ontario Canada, which was granted. In 1992, Morigo married Lumbago. He subsequently filed a
complaint for judicial declaration of nullity on the ground that there was no marriage ceremony. Morigo
was then charged with bigamy and moved for a suspension of arraignment since the civil case pending
posed a prejudicial question in the bigamy case. Morigo pleaded not guilty claiming that his marriage with
Barrete was void ab initio. Petitioner contented he contracted second marriage in good faith.
ISSUE: Whether Morigo must have filed declaration for the nullity of his marriage with Barrete before his
second marriage in order to be free from the bigamy case.
HELD:
Morigos marriage with Barrete is void ab initio considering that there was no actual marriage ceremony
performed between them by a solemnizing officer instead they just merely signed a marriage contract.
The petitioner does not need to file declaration of the nullity of his marriage when he contracted his
second marriage with Lumbago. Hence, he did not commit bigamy and is acquitted in the case filed.
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