If an employer asked someone to marry him in order to be promoted, what would

charges can the employee bring?

Art 28 of unfair competition or under family code or both

In a case for Declaration of Nullity of Marriage on the ground of Psychological

Incapacity, who is allowed to file the Petition? Is it only the party who is not
psychologically incapacitated?

Even the psychologically incapacitated can file the action to declare the marriage
void.

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Solely by the husband or wife.

Any real party in interest, only
in the following cases:
1. Nullity of marriage cases
commenced before the effectivity
of A.M. No. 02-11-10 - March 15,
2003.
2. Marriages celebrated during the
effectivity of the Civil Code (De
Dios Carlos v. Sandoval, G.R. No.
179922, December 16, 2008).
3. A party to the previous marriage
may seek the nullity of the
subsequent marriage on the
ground that the subsequent
marriage is bigamous (Estrellita
Juliano-Llave v. Republic of the
Philippines G.R. No. 169766 March
20, 2011)

No. The wife's well-founded belief was anchored on her alleged earnest efforts to
locate her husband which consisted of making inquiries about of husband whereabouts
from her in-laws/relatives. There efforts however fell short of the stringent
standards and degree of diligence required by jurisprudence for the following
reasons;
1. Did not actively search for her missing husband.
2. She did not report the absence of her husband to the police nor ask aid of the
authorities to look for him.
3. Lack of witnesses
4. There was no other corroborative eveidence to supprt the claim of her diligent
search.

The RTC should've allowed the appeal.

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1. That the absent spouse has been missing for four

consecutive years, or two consecutive years if
the disappearance occurred where there is
danger of death under the circumstances laid
down in Article 391 of the New Civil Code;
2. That the present spouse wishes to remarry;
3. That the present spouse has well-founded belief
that the absentee is dead;
4. That the present spouse files a summary
proceeding for the declaration of presumptive
death of the absentee (Republic of the Philippines
v. Nolasco, G.R. No. 94053, March 17, 1993).
============================

General Rule is property relations are governed by rules on co-ownership

Exeptiomn: If the marriage is declaredvoid by

reason of non-compliance with Article
40 of the Family Code, the absolute community or
the conjugal partnership, as the case
may be, shall be dissolved and
liquidated (Family Code, Art. 43 (2), in relation to
Art. 50)

PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE