Balindan, Pamela S.

201980055
3JD1 – Legal Forms

1. What are the allegations required in a petition for nullity of marriage?

The declaration of nullity of marriage applies to marriages that are null and void from the
beginning (void ab initio), due to the absence of at least one of the essential or formal
requisites of marriage. Void ab initio marriages are those:
(a) void marriages due to lack of requisites (Article 35 of the Family Code);
(b) void marriages due to psychological incapacity (Article 36);
(c) incestuous marriages (Article 37);
(d) marriages against public policy (Article 38);
(e) bigamous marriages (Article 41); and
(f) void subsequent marriage, when one of the spouses remarries without complying
with the requirement of the judgment of annulment or absolute nullity of the
previous marriage, etc. (Articles 52 and 53).

2. What is an affidavit of merit?

Under our Rules of Court (Rule 37), an affidavit of merit must not only contain facts
constituting the movant's good and substantial defenses but must also state the nature
and character of the fraud, accident, mistake, or excusable negligence on which the
motion for relief was based. (Nuguid vs. Carino, G.R. No. L-12379, July 31, 1958)

3. What are the elements that must be specifically alleged in an action for
injunction?

Section 3, Rule 58 of the Revised Rules of Court on Preliminary Injunction states the
grounds for issuance of a preliminary injunction.

A preliminary injunction may be granted when it is established:

(a) That the applicant is entitled to the relief demanded, and the whole or part of
such relief consists in restraining the commission or continuance of the act or
acts complained of, or in requiring the performance of an act or acts either for a
limited period or perpetually;

(b) That the commission, continuance, or non-performance of the act or acts

complained of during the litigation would probably work injustice to the applicant;
or

(c) That a party, court, agency, or a person is doing, threatening, or is attempting to

do, or is procuring or suffering to be done some act or acts probably in violation
of the rights of the applicant respecting the subject of the action or proceeding,
and tending to render the judgment ineffectual. (3a)