CHAIRS CASES

1. Tan-Andal vs. Andal

- Psychological Incapacity (Art. 36 Family code)

Ground for declaration of nullity of marriage

Guidelines
1.Must be Clear and convincing evidence

2.Does not refer to a mental incapacity or a personality disorder

To comply with his or her essential marital obligations.

Ordinary witnesses who have been present in the life of the spouses
testifying on behaviors that they have consistently observed from the
supposedly incapacitated spouse.

3. Medical examination by an expert of the spouse is no longer

required as courts may rely

4. Irreparable breakdown of marriage

Persisting failure to be present, loving, faithful and supportive spouse
Must be established as to demonstrate that there is indeed a
psychological anomaly or incongruity in the spouse relative to the
other.

5. mood changes, occasional emotional outbursts cannot be accepted

as root causes.

6. Obligation of the spouse’s failure to attend to their obligations to

their children may be a ground to nullify the marriage of the parties

8. SOLGEN
 2. REPUBLIC VS. PASIG RIZAL CO. INC.

RA 11573 need certification from the DENR for alienable and

disposable

Section 14 paragraph 1 of Presidential Decree 1529

- All the requirements must be complied in order to be public land be
private land

3. AQUINO VS AQUINO (IRON CURTAIN RULE) ART 992

SUCCESSION
does not apply in representation ART 982 – Grandchild can inherit by
representation

- A child whose parents did not marry each other can inherit from their
grandparents by their right of representation regardless of the
grandparent’s marital status at the birth of the child’s parent.

Art 40 did not amend art 349 Judicial Declaration (BIGAMY)

Before it must obtain a judicial declaration of absolute nullity of a void ab
initio