Professional Documents
Culture Documents
Elegado vs CA
DM Consunji vs CA
Atienza vs Brillantes
MARCELO,MN
Aruego vs CA
Brehm vs Republic
MARCELO,MN
Frivaldo vs COMELEC
Estanislao vs CA
Carramota case
SC: The driver of the defendant is not negligent for
it has always been a practice to leave horses in the
manner in which they were left at the time of the
accident. This is a custom n all cities. It has not
been productive of accidents or injuries.
Art 13 PERIODS
MARCELO,MN
Hermosisima vs CA
Pe vs Pe
UP vs Philab Industries
Concepcion vs CA
People vs Ritter
Nikko Manila Hotel et al vs Roberto Reyes
ART 22 UNJUST ENRICHMENT
Bunag vs CA
Wassmer vs CA
MARCELO,MN
Pahang vs Vestil
*Read with Art 32, 33 ,34, 2176, NCC (Torts and Damages)
Samson vs Daway
Unfair competition
There is fraud hence Art 33 (independent civil
action) is allowed
MARCELO,MN
MARCELO,MN
A. Minority
Mercado vs Espiritu
Romualdez-Marcos vs COMELEC
Imelda is eligible to run
For the purposes of election, domicile and
residency shall mean the same
Essential elements of domicile
Animus manendi house and property in
that place
Animus revertendi intent to return
Physical ties + intent to return = domicile
Atizado vs People
B. Insanity
Hernandez vs Santos
Lulu case
An expert witness opinion is not necessary
Aruego et al vs CA
Law is retroactive as it does not prejudice ones
vested right
MARCELO,MN
Harayo vs Coliflores
Silverio vs Republic
ART 3 FORMAL REQUISITES OF A VALID MARRIAGE
Article 3. The formal requisites of marriage are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases
provided for in Chapter 2 of this Title; and
(3) A marriage ceremony which takes place
with the appearance of the contracting parties
before the solemnizing officer and their
personal declaration that they take each other
as husband and wife in the presence of not less
than two witnesses of legal age.
MARRIAGE
ART XV, Sec 2, 1987 Constitution
Marriage, as an inviolable social institution, is
the foundation of the family and shall be
protected by the State.
Art 1 Concept and Nature
Article 1. Marriage is a special contract of permanent union
between a man and a woman entered into in accordance with
law for the establishment of conjugal and family life. It is the
foundation of the family and an inviolable social institution
whose nature, consequences, and incidents are governed by
law and not subject to stipulation, except that marriage
settlements may fix the property relations during the marriage
within the limits provided by this Code.
Escleo vs Dorado
A. Presumption
Mariategui vs CA
B. Marriage not subject to stipulation
Panganiban vs Borromeo
Selanova vs Mendoza
Licahuco-de Leon vs CA
Acebedo vs Arguero
Estrada vs Escritor
Concept:
Mecaral vs Velaquez
Ninal vs Bayadog
license
Republic vs Ca
Secret marriage
REPUBLIC vs CA (supra)
*****ART 26 FOREIGN MARRIAGE
MARCELO,MN
Navarro vs CA
Salita vs Magtolis
Santos vs Santos(important)
(1) Those contracted by any party below eighteen
years of age even with the consent of parents or
guardians;
MARCELO,MN
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Gravity
Juridical antecedence (incapacity must be
there prior to or on the day of the
solemnization of the marriage)
Incurability
3.
4.
Chi Ming Tsoi vs CA and Gina Lao Tsoi (peyborit)
5.
IN A NUTSHELL
6.
MARCELO,MN
7.
Pesca vs Pesca
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Te vs Te
Republic vs Hamano
Antonio vs Reyes
Ting vs Velez-Ting
Azcueta vs Republic
Aspillaga vs Aspillaga
Republic vs San Jose
MARCELO,MN
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Paz vs Paz
Suazo vs Suazo
Felicitas Amor-Catalan vs CA et al
ART 40 NULLITY OF PREVIOUS MARRIAGE
Art. 40. The absolute nullity of a previous
marriage may be invoked for purposes of
remarriage on the basis solely of a final judgment
declaring such previous marriage void.
Tolentino vs Paras
Montanez vs Cipriano
MARCELO,MN
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Calisterio vs Calisterio
Republic vs Granada
Correct procedure
Petition for Declaration of Presumptive death is a
summary proceeding. The decision of the RTC shall
be final and executor hence not subject to appeal.
However, you can file a petition for certiorari or
petition for review under Rule 45.
ART 42 AFFIDAVIT OF REAPPEARANCE
Art. 42. The subsequent marriage referred to in
the preceding Article shall be automatically
terminated by the recording of the affidavit of
reappearance of the absent spouse, unless there
is a judgment annulling the previous marriage or
declaring it void ab initio.
A sworn statement of the fact and
circumstances of reappearance shall be recorded
in the civil registry of the residence of the parties
to the subsequent marriage at the instance of any
interested person, with due notice to the spouses
of the subsequent marriage and without
prejudice to the fact of reappearance being
judicially determined in case such fact is disputed.
SSS vs de Bailon
Republic vs Nolasco
MARCELO,MN
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Aquino vs Delizo
MARCELO,MN
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Impotence:
Jimenez vs Canizares
Almelor vs Almelor
Physically Incapable:
Alcazar vs Alcazar
People vs Santiago
MARCELO,MN
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Pacete vs Carriaga Jr
In cases of leg sep, can the Court declare the
respondent in default and rely only on the
testimony of the petitioner?
SC: Courts cannot declare the respondent in
default. If the respondent wants to
participate, they can be allowed except when
there is already a final judgment. Even if he
did not participate during the trial he can still
appeal together with the Sol Gen.
MARCELO,MN
Tenchavez vs Ecano
Abandonment if proved by sufficient
evidence, a ground for legal separation.
Ong Eng Kiam aka William Ong vs Lucita Ong
The husband violently abuses the wife and the
kids.
Wife files for legal separation.
The husband admitted his violence towards
the wife but contended that the wife is also
guilty of abandonment. (In cases of legal
separation, if both the spouses presented
pieces of evidence against each then legal
separation shall not be granted pursuant to
Art 56, Para 4)
SC: Abandonment by Lucita Ong is justified. It
is actually the husband who gave cause of the
abandonment because of violence.
Alano vs Gabusan
An agreement to separate is not allowed.
Marriage is not subject to stipulation by the
parties.
In re: Atty Rufillo Bucena
Atty Bucena notarized a document for the
spouses to separate
SC: The stipulations are against the law/
contrary to public policy.
Suspended for 6 months.
Grounds for legal separation:
Goitia vs Campos Rueda
The wife left the conjugal dwelling due to the
husbands demand that the wife perform
unchaste and lascivious acts.
The wife originally filed a petition for support.
The husbands contention is that he cannot
give support because there are only two
modes in which he can; subject to his choice:
1. That the husband shall give the other
spouse fixed pension,
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