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1,2,26,36,39,40,41,43,legal separation CIVIL CODE: Art. 2 Tanada vs Tuvera(read)--- 2 cases 1st- provisions on “unless otherwise provided” =”publication” is required for the law to be valid = there must be a day of publication provided in the law = referred to is only the date 2nd – “immediately” = immediately after publication = next day Because of art. 3, the law presupposes that the law was publicized; the only requirement of he is the CONSTRUCTIVE knowledge NOT ACTUAL knowledge. Art. 13 = the counting of months, days, etc. * when month is given by name- count its days Art. 16,17 RENVOI DOCTRINE - “nagtuturuan” yung two states - “international football” – Sta. Maria (i.e Testate estate of Garcia, 7 SCRA 95) *Garcia is a Californian citizen, he resides in the Phils., and has a property. Garcia dies in the Phils. *California law- the law where the person is domiciled governs; Philippine law – citizenship *there is a conflict between the laws of states. (Phil law and Cali law) Options: 1) Accept the renvoi: apply Phil. Law 2) Reject the renvoi: apply foreign law
**(Warmer vs Velis) – breach of contract to marry - Prepared the reception with guests - Appearance of the guests = ground for actionable wrong * promising to marry causes a girl/ woman to have carnal knowledge (breach of promise to marry) = a person cannot make a woman to have carnal knowledge after for the reason that she believed that the person will marry her. = carnal knowledge the promise to marry- it’s OK! Art. 40 case: Intercontinental…- labor case (oct. 13, 2009) - Issue of first impression - Birth determines personality - Civil personality of a child starts with concepcion CBA states: employee dies, benefits. Fetus died. Can it claim berigment benefit? Is it already independent? SC ruling: yes, it can be considered as independent. Fetus need not be born in order to die. Child does not need to be born to be considered independent Civil code: death distinguishes civil personality, *but life is different from civil personality. Constitutional prov.: the state recognizes and protects the rights of an unborn. Less than 7 months life- no civil personality; From cutting of the umbilical cord: Policy of making PD 603: to favor the unborn; All doubts to be decided in favor of the unborn.
Issue: can you consider a person having undergone sex change a woman? SC ruling: No.) it is a ground for psychological incapacity. When she reached the age of majority. The woman is very aggressive. may asawa ka ayaw mo makipag make-love s kanya. the court shall not make the definition of law rigid. they went back to Manila. gender must be considered in its ordinary sense.art . Psychological incapacity Republic vs Molina (Molina doctrine) SC: “do not apply Molina doctrine by its letter. Eventually.1 1) Can a person (transsexual) who has changed all his private parts enter into the same marriage with the same sex? Ans: NO. After a while. sa iba gusto mo. SC ruling: she was considered as a girl. 2) if the petition of Silverio be granted. So. *There must be a clinical support that such person is a male/ female. The man was diagnosed with dependent disorder. The man is suffering from dependent disorder. they filled for their marriage to be declared null and void on te ground of psychological incapacity. When they had no more money. Another case: Where disagreements on money grounds cannot declare a marriage null and void. The gender/ sex of biologically intersex is what the person. thus. . upon reaching the age of majority.e.” However. Her condition is called congenital adrenal hyperplexia (intersex). “each case must e decided in its particular circumstance” Facts: man and woman eloped. Also: 1) Phil. Issue: whether Jenny can be considered as a girl. we wants to change his name and sex to be able to marry said fiancé. thinks of herself/ himself. + it must be directly related with marital obligations. It does not include a person who has had sex reassignment. it is still valid. the marriage can be declared null and void. the man went to the girl and they got married. She wants to change her name to Jeff. the girl will text him that if he doesn’t come to her place. there will be a wide range of effect in our law.FAMILY CODE Marriage. (i. He cannot decide his everyday life. woman lived with her uncle. Everyday. Statute only classifies a male r a female. Basis: 1) Republic vs Silverio -petition for changing name and sex Facts: Silverio underwent “sex reassignment surgery” in Thailand. Such incapacity may be relative. 2)Republic vs Kagandahan Facts: Jenny had dominant female parts when she was born. He has a fiancé. E cannot comply with marital obligations. F the natural circumstance indicates the gender of a person (intersex). A person declared to be psychologically incapacitated can remarry. she will kill herself. woman with narcissistic aggressive Issue: is the marriage null and void? SC ruling: Yes. she became a man without any operation. man live in his home.
there must be 1) exclusivity. she married him for she believed that she can change that guy and make him a real man. 46 enumerations is EXCLUSIVE. 2) continuity. ANNULMENT: art. SC ruling: Not qualified. Diot vs Diot: Facts: man was asked by a woman to help her get a package. However. we would be “sanctioning immorality” if their marriage be valid. March 15. LEGAL SEPARATION: (almilor vs RTC of Pilipinas) Facts: The guy was known to be gay by the woman. during the 5 year period. she made him sign a paper which he thought was “receiving slip” but it was an affidavit stating that they had cohabitated for 5 years. Issue:Is the marriage valid? SC ruling: No. Case: Linial vs bayadong: Facts: man is married. Upon reaching their destination. married your dog. Still. 36 – (tsi ming tsoi) . they married. Issue: can their marriage be annulled? SC ruling: NO. has a girlfriend. 02-11-11. When they reached 18. it is just a MERE IRREGULARITY. Art. Also. After 5 years. The consent of the man was not freely and intelligently given. the marriage id void. (i. Question. Another case: Morigo vs people Ruling: no need for declaration of nullity in all marriages if previous marriage is ostensible. There was no concealment done by the man of his gender.e. 2003: *Clinical findings for psychological incapacity is not mandatory. *marriage solemnized outside the jurisdiction of judge is VOID. However. If the license is forged. in Dumugtoy case. they entered into marriage with license. must not be legally incapacitated. can a 3rd person file for the action of declaration of nullity? Answer: solely the spouses can file for he action of declaration of nullity. settlement of state can be attacked collaterally. marriage during a play) Another case: Facts: minor cohabited for 5 years. There is a subsisting marriage. she filed for annulment on the ground that her husband was gay. then it is just a mere scrap of paper. Thus it can only be a ground for legal separation. 5 year period (living together before marriage): *there should be no impediment *at the time of marriage. Issue: is the marriage valid? SC ruling: NO. Later.SC Circular: AM 02-11-10. (SC Circular does not preclude a person from attacking collaterally the settlement of estate.
Property relations Case: criminal action *in every criminal action. *can be levied in a criminal case. *spouse if found guilty of concubinage: -cannot share in the gains or profit. negligence. Law requires that all debts must first be paid before the liability of the spouse. conjugal partnership of gains will only be liable if it renounces to the case. -will be given to the heirs or children *unless they (spouses) enter into an agreement: -spouses can enter into a voluntary separation of property with judicial approval -by mere agreement DECLARATION OF PRESUMPTIVE DEATH Case: People vs Velasco SC: there must be serious effort to locate your spouse. 4 years: ordinary circumstances. 2 years: extraordinary circumstances . *there must be good faith that the spouse is dead. It must be a sham sketchy effort. there is civil indemnity* Question: can a property governed by conjugal property be levied? Answer: NO. *conjugal partnership is absolute community property of gains.
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