ARTICLE 21 - 38 FAMILY CODE Flashcards
1
Q
What is required when both or either the parties contracting marriage in the Philippines are foreigners?
A
Before a marriage license is issued, the foreign party/parties must submit a LEGAL CAPACITY TO CONTRACT MARRIAGE ISSUED BY THEIR RESPECTIVE DIPLOMATIC OR CONSULAR OFFICIALS.
2
Q
What is required when both or either the parties contracting marriage in the Philippines are refugees or stateless persons?
A
Before a marriage license is issued, the stateless/refugee party/parties must submit an AFFIDAVIT STATING THE CIRCUMSTANCES SHOWING SUCH CAPACITY TO CONTRACT MARRIAGE.
3
Q
What are the causes/instances wherein a person becomes stateless?
A
- He was deprived of citizenship for any cause such as commission of a crime
- He renounced his nationality by certain acts, express or implied
- He voluntarily asked for a release from his original state
- He was born in a country that recognizes only Jus Sanguinis while the nation of his parents recognize only Jus soli, thus, he is neither a citizen of the country where he is born nor is he a citizen of the country of his parents.
4
Q
What is the effect of the absence of a certificate of legal capacity for foreign/refugee/stateless parties contracting marriage in the Philippines?
A
The absence is merely an irregularity and the marriage shall still be valid.
5
Q
Differentiate marriage license and marriage certificate.
A
Marriage license is the AUTHORITY TO CELEBRATE THE MARRIAGE.
Marriage certificate is the MARRIAGE CONTRACT. It is signed and executed by the parties, witnesses and the solemnizing officer only after the solemnization of the marriage.
6
Q
Explain the distribution of the marriage certificate after solemnization of a marriage.
A
(ARTICLE 23) It shall be the DUTY OF THE SOLEMNIZING OFFICER to:
- FURNISH ORIGINAL COPY TO THE SPOUSES
- SEND THE DUPLICATE AND TRIPLICATE COPIES OF THE CERTIFICATE TO THE LOCAL REGISTRAR WHERE THE MARRIAGE WAS SOLEMNIZED WITHIN 15 DAYS AFTER THE MARRIAGE
- RETAIN FOR HIMSELF THE QUADRUPLICATE COPY
7
Q
What happens to the marriage if no one receives or retains a copy of the marriage certificate?
A
The marriage is still valid.
8
Q
T or F
The civil registrar will be criminally liable for issuing unlawful licenses or maliciously refusing to issue one.
A
True
9
Q
T or F
A license wrongfully obtained does not invalidate the marriage.
A
True.
10
Q
T or F
All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited by the Articles 35 (1, 4, 5, 6), 36, 37, and 38
A
True.
11
Q
T or F
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him/her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law.
A
True.
12
Q
T or F
If it is the foreigner spouse who obtained the divorce decree abroad and not the Filipino spouse, the divorce will be recognized in the Philippines.
A
True.
13
Q
T or F
If it is the Filipino spouse who obtained the divorce decree abroad and not the foreigner spouse, the divorce will be recognized in the Philippines.
A
False. The divorce will not be recognized here, and subsequent marriages will be void. Filipinos are bound by Philippine law.
14
Q
T or F
The divorce decree shall be registered with the Civil Registry after it has been judicially recognized in the Philippines by a competent court.
A
True.
15
Q
A and B, both Filipinos married each other. A went to the US and became a US citizen and subsequently divorced B. A married X.
- Is the marriage of A and X valid?
- Is B capacitated to remarry?
A
- Yes.
- Yes, since A was not a Filipino anymore at the time of the divorce.
THE RECKONING POINT IS THE CITIZENSHIP AT THE TIME A VALID DIVORCE WAS OBTAINED
16
Q
T or F
For a Filipino to be able to remarry, the divorce must have been obtained by the foreign spouse and that the latter is capacitated to remarry under his national laws.
A
True.
17
Q
T or F
Presentation solely of divorce decree is not enough. Proof must be presented to establish the authenticity and due execution of the divorce decree.
A
True PH courts do not take judicial notice of foreign laws.
18
Q
What is a marriage in articulo mortis?
A
It is a kind of marriage wherein either or both contracting parties are in the point of death but must be still conscious of what they are doing.
Mere sickness will not justify a marriage in point of death.
Marriage in mortis causa can be SOLEMNIZED WITHOUT MARRIAGE LICENSE.
19
Q
T or F
The marriage in articulo mortis remains valid even if the ailing party subsequently gets well.
A
True.
20
Q
T or F
Only marriages in articulo mortis can be solemnized by airplane pilots, ship captains, and military commanders are
A
True.
21
Q
T or F
If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar, the marriage may be solemnized without necessity of a marriage license.
A
True (Art 28) What is remote will depend on the circumstances.
22
Q
T or F
If the marriage was in articulo mortis or if solemnized in a remote area, such fact shall be stated in an affidavit by the solemnizing officer executed before the civil registrar.
A
True. (Art 29)
23
Q
T or F
Marriages solemnized by consuls are exempted from the issuance of marriage licenses.
A
False.
24
Q
T or F
An affidavit is required in the cases of marriage in articulo mortis performed by ship captains, pilots and military commanders at the time of the marriage.
A
False. Not required since it is a dire situation.
25
T or F
The original of the affidavit in cases wherein affidavit takes the place of marriage license, together with a legible copy of the marriage contract, shall be sent by the person solemnizing the marriage to the local civil registrar within 20 days after the performance of the marriage.
False, Affidavit + Legible copy of the marriage contract shall be sent by the solemnizing officer to the civil registrar of the municipality where it was performed WITHIN THIRTY (30) DAYS AFTER THE PERFORMANCE OF THE MARRIAGE.
26
T or F
Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license, provided they are solemnized in accordance with their customs, rites or practices.
True. (Art 33)
27
T or F
A marriage between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call.
FALSE.
A marriage IN ARTICULO MORTIS between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call. (Article 31)
28
T or F
A military commander of unit, who is a commissioned officer, shall likewise have authority to solemnize marriage between persons within the zone of military operation, whether members of the armed forces or civilians.
FALSE.
A military commander of unit, who is a commissioned officer, shall likewise have authority to solemnize marriage IN ARTICULO MORTIS between persons within the zone of military operation, whether members of the armed forces or civilians.
29
What law governs Muslim marriages and when did it take effect?
The Code of Muslim Laws of the Philippines (PD 1083) took effect on February 4, 1977.
30
T or F
| The Family Code does not apply to Muslim marriages since it is governed by the Code of Muslim Laws.
False. The only difference is the GRANTING OF EXEMPTION WITH RESPECT TO THE MARRIAGE LICENSE AND NOT WITH THE OTHER REQUISITES OF MARRIAGE.
31
The marriage between parties without marriage license because they have been cohabiting with each other for at least 5 years is known as?
Legal Ratification of Marital Cohabitation.
32
What are the requirements to be exempt from marriage license under the Legal Ratification of Marital Cohabitation?
1. The parties must have lived as husband and wife for at least five years.
2. There is no legal impediment to marry each other during this period
3. The fact of absence of legal impediment between the parties must be present at the time of marriage.
4. An affidavit to be executed by the parties stating 1 and 2
5. The solemnizing officer shall also state under oath that he ascertained the qualifications of the parties and found no legal impediments to the marriage.
33
T or F
The 5-year period in a Legal Ratification of marital cohabitation should be 5 years before the celebration of the marriage.
True.
34
T or F
The 5 year period must be that of exclusivity - meaning that no 3rd party was involved during the 5 years and that it is unbroken.
True.
35
What are the kinds of legal impediments referred to in legal ratification of marital cohabitation?
1. Diriment impediments - those which make the marriage void such as prior existing marriage, lack of legal capacity, close blood relations
2. Prohibitive impediments - Those which do not affect the validity of the marriage but a criminal sanction may be imposed.
36
What are the void marriages under Article 35?
1. Those contracted by any party below eighteen years of age even with the consent of parents or guardians
2. Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so
3. Those solemnized without a marriage license, except those covered and exempt to have no marriage licenses.
4. Those bigamous or polygamous marriage not falling under Article 41 (Art 41 - remarrying after presumption of death)
5. Those contracted through mistake of one contracting party as to the identity of the other
6. Those subsequent marriages that are void under Article 53 (W/o judicial declaration of annulment or judicial declaration of nullity)
37
T or F
| The minimum age for a valid marriage is 18 years old.
True.
38
T or F
| The authority of the solemnizing officer is a formal requisite, and its absence will result in a void marriage.
True.
39
T or F
If the solemnizing officer did not have authority to solemnize marriage, the marriage may still be valid only when both of the contracting parties, in good faith, believed that the solemnizing officer had such authority.
False, BOTH OR EITHER of the contracting parties
40
What are the instances wherein the marriage will still be valid even without marriage license?
1. Marriage in articulo mortis under Articles 27 (articulo mortis) and 28 (remote places)
2. Marriage in articulo mortis under Article 31 (in a ship or airplane)
3. Marriage in articulo mortis under Articles 32 (Military commander)
4. Marriages among Muslims under the Code of Muslim Laws of the Philippines
5. Marriages that are legally ratified by marital cohabitation
41
What is bigamy?
Bigamy is committed when a person contracts a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings.
42
What is polygamy?
Polygamy is the act or state of a person who, knowing that he has two or more wives or that she has two or more husbands, married another.
43
Who may file a petition for declaration of nullity or annulment?
Only the spouses OR aggrieved parties who are real parties in interest who have a valid cause of action.
44
T or F
In annulment cases based on the minority or insanity or lack of parental consent, the parents or guardians may initiate the complaint
True.
45
T or F
A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.
True. (Art 36)
46
What are the characteristics of psychological incapacity according to jurisprudence?
1. Grave/Serious in that the party cannot carry out the ordinary duties required in marriage life
2. Juridical antecedence - rooted in the past history of the party antedating the marriage although the overt manifestation may emerge only after the marriage
3. Incurable (removed in Tan-Andal vs Andal) and even if curable, it is beyond the means of the parties involved.
47
According to early jurisprudence, what are the three goods of marriage?
1. Children
2. Fidelity
3. Permanence
48
What are the essential marital obligations under the Family Code?
1. TO PROCREATE CHILDREN based on the universal principle that procreation of children through sexual cooperation is the basic end of marriage
2. TO LIVE TOGETHER UNDER ONE ROOF for togetherness spells the unity in marriage (Art 68)
3. TO OBSERVE MUTUAL LOVE, RESPECT, AND FIDELITY for love, sexual comfort and loyalty to one another are the basic postulates of marriage (Art 68)
4. TO RENDER MUTUAL HELP AND SUPPORT for assistance in necessities, both temporal and spiritual, is essential to sustain the marriage (Art 68)
5. TO JOINTLY SUPPORT THE FAMILY for the spouses are joint administrators in the partnership (Art 70)
6. NOT TO COMMIT ACTS WHICH WILL BRING DANGER/DISHONOR/INJURY to each other or to the family for the safety and security of the family at all times is a primordial duty of the spouses (Art 72)
7. To properly exercise rights and duties as a parent (Art 220)
8. To be civilly liable for injuries and damages caused by unemancipated children (Art 221)
9. To exercise parental authority over property of their children (Art 225)
49
T or F
If a spouse fails to fulfill his/her essential marital obligations and the failure is chronic and due to some psychic causes beyond the control of the spouse concerned, the same is a sign of psychological incapacity.
True.
50
What are the requisites for psychological incapacity as a ground for declaration of nullity of marriage?
1. There is a celebration of marriage
2. There is non-performance of marital obligations
3. The obligations are marital essential obligations
4. The non-performance is due to causes psychological in nature and the same is chronic, constant and habitual
5. The causes are present during the celebration of the marriage although it may not be manifest
6. The causes of incapacity may surface or intensify after the marriage celebration
51
What are the levels of psychological incapacity?
According to Dr. Veloso:
1. Mental level - related to intelligence, memory and imagination
2. Affective level - related to sentiments/feelings/passions/desires/affections/emotions
3. Physical level - Related to the bodily execution of dictates from the mental and affective levels.
52
T or F
In psychological incapacity, the expert examination of a psychiatrist or doctor is an essential condition for the determination of such condition.
False.
53
What are the guidelines issued by the Supreme Court in the application of Article 36 relating to psychological incapacity?
1. The burden of proof to show nullity of the marriage belongs to the plaintiff. Any doubts should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity.
2. The root cause of the psychological incapacity must be:
a. medically/clinically identified
b. alleged in the complaint
c. sufficiently proven by experts
d. clearly explained in the decision
3. The incapacity must also be proven to be existing at the time of the celebration of the marriage
4. Such incapacity must also be shown to be medically or clinically permanent or incurable
5. Such illness must be grave enough to bring about the disability of the party to assume essential obligations of marriage
6. The essential marital obligations must be those embraced by Articles 68, 69, 70, 71, 220, 221 and 225 of the FC.
7. Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect
8. The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the State.
54
T or F
The prolonged refusal of a spouse to have sexual intercourse with his or her spouse is considered a psychological incapacity.
True.
55
What marriages are void under Article 37?
1. Those between ascendants and descendants of any degree
| 2. Those between brothers and sisters whether full or half blood.
56
T or F
| Marriages within the 4th civil degree are not incestuous.
True.
57
T or F
| Marriages within the 4th civil degree are void for reasons of public policy.
True.
58
What marriages are void under Article 38?
1. Between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree
2. Between step-parents and step-children
3. Between parents-in-law and children in law
4. Between the adopting parent and adopted child
5. Between the surviving spouse of the adopting parent and adopted child
6. Between the surviving spouse of the adopted child and the adopter
7. Between an adopted child and a legitimate child of the adopter
8. Between adopted children of the same adopter
9. Between parties where one, with intention to marry the other, killed that other person's spouse or his or her own spouse.
59
T or F
| Step-brothers and step-sisters may marry each other since they are not related by blood or affinity.
True.
60
T or F
Courts do no take judicial notice of foreign
laws as they are facts that need to be alleged and proved. If it fails to be proven as such, processual presumption governs.
True.
61
Differentiate "at the point of death" and "danger of death.'
Point of death – when one is in a situation
of life and death and already dying,
Danger of death - refers to a situation
wherein one is only in danger of dying but not at
the point of dying.
62
What is the purpose in exempting from the marriage license requirement couples who have been living together for more than 5 years?
Facilitate and encourage the marriage of persons who have been living in a state of concubinage for more than five years. The publicity and bother attendant on the securing of a marriage license might deter such persons from legalizing union; hence, their marriage is exempted from such requirement.
63
T or F
If a couple already civilly married before a
judge, military commander, or consul would want to
religiously ratify their union in accordance with the rites of the sect, there is no need of a marriage license.
True.
64
T or F
| Non-performance of essential marital obligations constitutes psychological incapacity.
True.
65
What are the essential marital obligations under the Family Code?
Under the Family Code, the following are essential martial obligations:
1. Procreate children based on universal principle
that procreation through sexual cooperation is
the basic end of marriage;
2. Live together under one roof for togetherness
spells unity in marriage;
3. Observe mutual love, respect, and fidelity for love,
sexual comfort, and loyalty to one another are
basic postulates of marriage;
4. Render mutual help and support for assistance in
necessities, both temporal and spiritual, to sustain
marriage;
5. Jointly support the family for the spouses are joint
administrator in the partnership;
6. Not to commit acts which will bring danger,
dishonor or injury to each other or to the family
for the safety and security of the family at all time
is a primordial duty of the spouses.
Article 220 – rights and duties of parents exercising
parental authority.
Article 221 – civil liability of parents and persons exercising
parent authority, for the injuries and damages caused by
their unemancipated children living in their company.
Article 225 – provides for the exercise of parental authority of the parents upon the property of their children, to jointly exercise guardianship over the property of their unemancipated children.
66
What happened in the case of Ninal vs Bayadog?
Pepito Ninal shot his first wife Teodulfa in 1985. Pepito then married Norma Bayadog in 1986 without a marriage license, but executed an affidavit stating that they lived together at least for five years, hence they were exempt from the marriage license requirement.
The marriage between Ninal and Bayadog is VOID, because the 5 year period was not the one contemplated by law, plus he had a subsisting marriage at the time.
67
T or F
| Marriage is a special contract of permanent union and it is not just an adventure but a lifetime commitment.
True. (Ninal vs Badayog)
68
What happened in the case of Manzano vs Sanchez?
Judge Sanchez was charged with gross ignorance of the law for solemnizing a void and bigamous marriage. Judge Sanchez knew that the marriage between Herminia and David Manzano was still subsisting since they were only LEGALLY SEPARATED as seen in the marriage contract; yet he still solemnized the marriage between David and a Luzviminda Payao.
69
T or F
| Legal separation does not dissolve the marriage tie, much less authorize the parties to remarry.
True. (Manzano vs Sanchez)
70
What happened in the case of De Castro vs Assidao de Castro?
The marriage of the De Castro spouses was VOID AB INITIO for absence of a marriage license. Their initial marriage license was expired, and they decided to marry under Article 34 of the FC by using A FALSE AFFIDAVIT.
The false affidavit which petitioner and respondent executed has no value whatsoever; it is a mere scrap of paper. They were not exempt from the license requirement and their failure to obtain and present a marriage license renders their marriage VOID AB INITIO.
71
T or F
| There is no judicial action necessary to declare a marriage an absolute nullity.
True.
72
What happened in the case of Republic vs Dayot?
The marriage between Jose and Felisa Dayot was declared VOID AB INITIO. They married under Article 34 by executing an affidavit instead of a marriage license, but the said affidavit was A FALSE SWORN AFFIDAVIT OF MARITAL COHABITATION, WHICH IS TANTAMOUNT TO AN ABSENT MARRIAGE LICENSE MAKING THE MARRIAGE VOID AB INITIO.
73
What happened in the case of Carlos vs Sandoval?
tite
74
Who may petition for the declaration of absolute nullity of marriage?
General Rule:
Section 2 of A.M. No. 02-11-10-SC:
A petition for declaration of absolute nullity of void marriage may be filed solely by the husband or the wife.
Exceptions:
1. If the action for nullity of marriage COMMENCED BEFORE EFFECTIVITY OF A.M. No. 02-11-10-SC (MARCH 15, 2003)
2. Marriages celebrated during the effectivity of the Civil Code.
75
What happened in the case of Santiago vs People?
Nicanor Reyes and Ester Galang were married. Nicanor then subsequently married Leonila Santiago. They both faced an information for bigamy. Four months after, Nicanor died. Leonila said that she should not be convicted of bigamy because her marriage with Nicanor was void in the first place, being consummated under Article 34 but with a false sworn affidavit of marital cohabitation.
The RTC, CA and SC affirmed that Leonila be held liable for bigamy. SC stated that:
No court will lend its aid to one who has consciously and voluntarily became a party to an illegal act upon which the cause of action is founded. It will be the height of absurdity for this Court to allow petitioner to use her illegal act to escape criminal conviction.
76
What happened in the case of Iyoy vs Republic?
The marriage between Crasus and Fely was sustained and valid, because psychological incapacity was not proven due to the evidence failing miserably in proving such condition.
Although Fely obtained a valid divorce in 1984, she became a US citizen only in 1988, meaning that she was still a PH citizen when she got a divorce decree, and was governed by the PH laws on personal relations by virtue of Article 15. Therefore, the Divorce decree obtained abroad was not recognized.
77
T or F
| Article 26 cannot be applied when a spouse obtains a divorce decree while still a Filipino Citizen.
True. (Republic vs Iyoy)
78
What happened in the case of Republic vs Obrecido III?
Cipriano and Lady Obrecido married. Lady left for the US and was naturalized there, and obtained a divorce decree. Cipriano can remarry but must prove the divorce decree as a fact by following Rules 132 Sec 24 and 25 of the ROC.
79
What happened in the case of Corpuz vs Sto Tomas?
Gerbert Corpuz was a former Filipino, now Canadian. He married a Filipina Daisylyn Sto Tomas. He went back to Canada and filed a divorce decree there. He went back to the PH and and found another Filipina to marry. He wanted to register his divorce decree here, but ARTICLE 26 (2) OF THE FC EXTENDS ONLY TO FILIPINO SPOUSES AND NOT ALIENS.
The legislative intent is for the benefit of Filipino spouse by clarifying his or her marital status and settling the doubts created by the divorce decree. In short, ONY THE FILIPINO SPOUSE CAN INVOKE ARTICLE 26 (2)
80
What happened in the case of Fujiki vs Marinay?
tite
81
What happened in the case of Santos vs CA?
Leouel Santos invokes Art 36, stating that his spouse Julia is psychologically incapacitated (PI) for FAILURE TO ESTABLISH CONTACT FOR 5 YEARS. Petition has no merit and was denied.
82
What happened in the case of Chi Ming Tsoi vs CA?
Chi Ming Tsoi's marriage with Gina Lao-Tsoi was declared null because of his psychological incapacity. His PI was due to his inability to comprehend and comply with the essential obligations of marriage for FAILURE TO CONSUMMATE THE MARRIAGE. Such abnormal reluctance or unwillingness to consummate his marriage is strongly indicative of a serious personality disorder which to the mind of this Court clearly demonstrates an 'utter insensitivity or inability to give meaning and significance to the marriage' within the meaning of Article 36 of the Family Code
"Marriage is definitely not for children but for two consenting adults who view the relationship with love amor gignit amorem, respect, sacrifice and a continuing commitment to compromise, conscious of its value as a sublime social institution."
83
What happened in the case of Republic vs CA and Molina?
Marriage between Roridel and Reynaldo Molina was declared VALID AND SUBSISTING. Roridel's assertion that Reynaldo showed immaturity, opposing and conflicting personalities and irresponsibility did not constitute PI.
The Molina Doctrine is now the controlling doctrine for application of Article 36.
84
What are the guidelines set forth in the Molina Doctrine?
The following guidelines in the interpretation and application of Art. 36 of the Family Code are hereby handed down for the guidance of the bench and the bar:
(1)The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity. This is rooted in the fact that both our Constitution and our laws cherish the validity of marriage and unity of the family.
(2) The root cause of the psychological incapacity must be
(a) medically or clinically identified,
(b) alleged in the complaint,
(c) sufficiently proven by experts and
(d) clearly explained in the decision. Article 36 of the Family Code requires that the incapacity must be psychological —not physical although its manifestations and/or symptoms may be physical. The evidence must convince the court that the parties, or one of them, was mentally or physically ill to such an extent that the person could not have known the obligations he was assuming, or knowing them, could not have given valid assumption thereof. Expert evidence may be given qualified psychiatrist and clinical psychologists.
(3) The incapacity must be proven to be existing at "the time of the celebration" of the marriage. The evidence must show that the illness was existing when the parties exchanged their "I do's." The manifestation of the illness need not be perceivable at such time, but the illness itself must have attached at such moment, or prior thereto.
(4) Such incapacity must also be shown to be medically or clinically permanent or incurable. Such incurability may be absolute or even relative only in regard to the other spouse, not necessarily absolutely against everyone of the same sex. Furthermore, such incapacity must be relevant to the assumption of marriage obligations, not necessarily to those not related to marriage, like the exercise of a profession or employment in a job.
(5) Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage. The illness must be shown as downright incapacity or inability, nor a refusal, neglect or difficulty, much less ill will.
(6) The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the same Code in regard to parents and their children. Such non-complied marital obligation(s) must also be stated in the petition, proven by evidence and included in the text of the decision.
(7) Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts.
(8) The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state. No decision shall he handed down unless the Solicitor General issues a certification, which will be quoted in the decision, briefly staring therein his reasons for his agreement or opposition, as the case may be, to the petition. The Solicitor General, along with the prosecuting attorney, shall submit to the court such certification within fifteen (15) days from the date the case is deemed submitted for resolution of the court.
85
What happened in the case of Marcos vs Marcos?
Marriage between Wilson and Brenda Marcos was deemed VALID AND SUBSISTING for LACK OF JURIDICAL ANTECEDENCE in the petition for declaration of nullity based on PI.
Juridical antecedence - Defects should have been shown to be present at inception of marriage.
In this case, it was also held that PERSONAL MEDICAL OR PSYCHOLOGICAL EXAMINATION IS NOT A REQUIREMENT FOR DECLARATION OF PSYCHOLOGICAL INCAPACITY.
86
What happened in the case of Dedel vs CA?
Marriage between David and Sharon Dedel was deemed valid and subsisting. Sexual infidelity does not constitute psychological incapacity.
87
What happened in the case of Tenebro vs CA?
Veronico Tenebro first married Hilda Villareyes. 2nd marriage was with Leticia Ancajas, and 3rd marriage with Nilda Villegas. Leticia Ancajas filed a bigamy suit against Tenebro upon learning of the 3rd marriage.
In his defense, Tenebro said that the first marriage was not valid because of lack of marriage ceremony and that it was only a limited purpose marriage. The second marriage, according to him should be declared null on the grounds of psychological incapacity.
Ancajas presented as evidence Tenebro and Villareyes' marriage certificate, which proved that they were indeed married.
The nullity of the 2nd marriage based on PI is also without merit. Tenebro was found guilty of bigamy.
88
What happened in the case of Jarillo vs People?
Victoria Jarillo married Rafael Alocillo, who was already married. Jarillo contracted another wedding with Emmanuel Uy. Uy filed annulment charges and Jarillow was charged with bigamy.
Jarillo claims that she should not be held liable for bigamy:
1. since her 1st marriage with Alocillo was void because there was a subsisting marriage
2. since her marriage to both Alocillo and Uy were void for lack of valid marriage license
3. Action had prescribed because Uy knew about previous marriage.
Jarillo's marriage with Alocillo was declared null due to PI. Jarillo contends that she should be acquitted because of this, but SC stated that THE NULLITY OF THE FIRST MARRIAGE ON GROUND OF PI DOES NOT PRECLUDE THE LEGAL CONSEQUENCES OF CONTRACTING THE 2ND MARRIAGE WHEREIN CRIMINAL LIABILITY FOR BIGAMY may be incurred.
Jarillo's petition was partly granted, and reduced the penalty.
89
What happened in the case of Republic vs Quintero-Hamano?
Loila Quintero-Hamano married Toshio Hamano. Loila wanted to declare the marriage null due to PI, because Toshio abandoned her and her daughter and left for Japan. SC ruled that MARRIAGE IS STILL VALID.
The totality of evidence presented fell short of proving that Toshio was psychologically incapacitated to assume his marital responsibilities. Toshio's act of abandonment was doubtlessly irresponsible but it was never alleged nor proven to be due to some kind of psychological illness. After respondent testified on how Toshio abandoned his family, no other evidence was presented showing that his behavior was caused by a psychological disorder.
90
What happened in the case of Antonio vs Reyes?
Leonilo Antonio and Marie Reyes got married. Leonilo filed to declare the marriage null on the ground of PI for Marie's inability to comply with essential marital obligations. Marie exhibited SIGNS OF BEING A PATHOLOGICAL LIAR. Marriage was DECALRED NULL AND VOID because IT HAD COMPLIED WITH THE MOLINA DOCTRINE:
1. Antonio had sufficiently overcome his burden of proving PI
2. Root cause is indeed PI as evidenced by expert witnesses
3. Juridical antecedence was proven by letters sent by fictitious friends from before the marriage
4. Gravity - intolerable behavior made Antonion leave Marie
5. Inability to comply with essential marital obligations
6. Catholic church already annulled the marriage.
91
What happened in the case of Najera vs Najera?
Digna and Eduardo Najera married. Digna petitions for declaration of nullity marriage with alternative prayer for legal separation on the basis of PI. MARRIAGE WAS DECLARED VALID because the root cause of PI was not sufficiently proven by expert witness because this was based on facts relayed to her by witness not on her own findings and therefore UNRELIABLE AND NOT GROUNDED ON SCIENTIFIC BASIS.
Also, the judgment in the tribunal ruled that the HUSBAND SUFFERED FROM GRAVE LACK OF DUE DISCRETION OF JUDGMENT AND NOT PI.
92
What happened in the case of Ferraris vs Ferraris?
Marriage between Armida Perez-Ferraris and Brix Ferraris was DECLARED VALID AND SUBSISTING.
Brix's alleged epilepsy, infidelity, and mixed personality disorder does not amount to PI, because of of FAILURE TO ESTABLISH FACTS.
93
What happened in the case of Paras vs Paras?
The marriage between Rosa and Justo Paras was declared VALID AND SUBSISTING. Justo was a lawyer..
Rosa was unable to show testimony of expert witnesses which was detrimental to her case in view of the Molina Doctrine.
The TOTALITY OF EVIDENCE WAS NOT ENOUGH AND THERE WAS NO SHOWING OF PI. ALSO, ONE'S FITNESS AS A LAWYER HAS NO BEARING ON ONE'S FINTESS AS A HUSBAND.
94
What happened in the case of Halili vs Halili?
Marriage between Lester and Chona Halili was INITIALLY DECLARED VALID AND SUBSISTING BUT WAS LATER DECLARED VOID UPON MOTION FOR RECONSIDERATION.
Initially petition was denied for failing to fulfill the requisites of the Molina Doctrine.
Upon reconsideration, Lester was declared to be PI because his mixed personality disorder was established by expert to be INCURABLE, GRAVE AND HAD JURIDICAL ANTECEDENCE.
HIS MENTAL DISORDER WAS SEVERE SUCH THAT IT AFFECTS ALL AREAS OF FUNCTIONING AND THAT IT WAS ALREADY EXHIBITED DURING CHILDHOOD.
95
What happened in the case of Ngo-Te vs Te?
The marriage between Edward and Rowena Te was declared NULL AND VOID because BOTH PARTIES WERE AFFLICTED WITH GRAVE, SEVERE AND INCURABLE PI.
96
What happened in the case of Ting vs Velez-Ting?
The marriage between Benjamin and Carmen Velez-Ting was declared VALID AND SUBSISTING, because the TOTALITY OF EVIDENCE PRESENTED WAS INADEQUATE TO DECLARE BENJAMIN PSYCHOLOGICALLY UNFIT PURSUANT TO ART 36.
Carmen FAILED TO PROVE JURIDICAL ANTECEDENCE.
97
What happened in the case of Azcueta vs Republic?
The marriage between Marietta and Rodolfo Azcuetta was declared NULL AND VOID DUE TO PI OF RODOLFO.
Experts concluded Rodolfo was suffering from DEPENDENT PERSONALITY DISORDER.
Also, there was sufficient compliance with the Molina Doctrine.
98
What happened in the case of Mendoza vs Republic?
stopped at mendoza vs republic.
99
Article 36 of the Family Code is similar to?
Canon 1095 of the Catholic Church:
The following are incapable of marriage:
1. Those who lack sufficient use of reason
2. Those who suffer from a grave lack of discretion of judgment concerning the essential matrimonial rights and obligations to be mutually given and accepted
3. Those who, because of causes of a psychological nature are unable to assume the essential obligations of marriage.
100
What happened in the case of Malilin vs Jamesolamin and Republic?
The marriage here was declared void due to ground of lack of due discretion by the National Appellate Matrimonial Court.
Here it was emphasized that ANNULMENT DECREED BY NAMT ARE GIVEN GREAT RESPECT, BUT ARE NOT CONTROLLING OR DECISIVE in deciding PI cases.
101
T or F
PI must be a malady that is so grave and permanent as to deprive one of awareness of the duties and responsibilities of the matrimonial bond one is about to assume.
True. (Republic vs Romero II)
