Survey of Cases by Atty Mel Sta.

Maria
De Castro v. De Castro (PBQ)
-support
-can you collaterally attack a void marriage?Yes. Except (1) Donation Propter Nuptias (2)
Purposes of remarriage
Psychological Incapacity
-No Moral Damages
-Negates bad faith
-because you may know or not know that you
are psychologically incapacitated.
5-Year Requirement
-No Substantial compliance
Hamano v. Court of Appeals
-even if Japanese law does not acknowledge
Psychological incapacity, mr. Japanese being
married to a Filipino in the Philippines, our
national law and the family code will govern.
Absent Persons Appears
-Functus Officio, but he or she must still be
legally an absentee if no affidavit of appearance
is filed. Such affidavit must be filed at the court
having jurisdiction of the residence of the
spouses.
Physical incapacity to consummate
-can be based on psychological causes? yes.
(Baltazar Case)
On Article 147 and Article 148 (PBQ)
Dino v. Dino (Read and Remember)
Valdez Cases ( Read and Remember)
-No presumption of co-ownership if no proof of
actual JOINT contribution.
Maquilan vs. Maquilan
-On collusion
-Collusion happens when you fabricate a ground
and you use that ground in the case.
Parental Authority ( PBQ)

-Absentee and abandonment

Parental Authority designated by the court is
merely a preference in the selection it does
not terminate the parental authority of the other.
Eg. W, wanted to his Son to be adopted.
H , who was living abroad who abandoned W,
questioned the adoption because his consent was
not obtained.
Legal Separation
W filed for nullity of marriage, H, filed
a counter claim asking for legal separation.
Judge proceeded with the proceedings, without
observing the 6- month cooling period required
in Legal Separation.
SC: The judge erred, 6 month cooling period
must be observed, unless there is VIOLENCE.
Reyes v. Reyes ( Penned by Justice De
Castro ) (PBQ)
-Court will take the testimony of Psychiatrist ;
an expert witness even if she did not personally
examine the Husband. ( case of psychological
incapacity ) The husband in this case presented a
psychologist to prove that he is psychologically
capacitated.
Family Home
-who can invoke? The owner, the head of the
family, the spouses ( not a sheriff ) must be
invoked at the earliest possible time, before
laches or prescription sets in.
LIM LUA Case on Support (PBQ)
-creditable deduction
-As a general rule no deductions on things given
by the Father to the children outside of the those
granted in the court order. However, in its
discretion, the court allowed deductions as to
those things given by the father to the children
for maintenance and sustenance. Luxurious
things not considered.