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Showing 49–72 of 99 articles for “family code”

The Limits of Psychological Incapacity: Upholding Marital Inviolability in the Philippines

The Supreme Court clarifies that psychological incapacity under Article 36 of the Family Code requires grave, antecedent, and incurable conditions—not mere marital unhappiness.

Declaring a Spouse Presumptively Dead: The High Bar of a "Well-Founded Belief"

The Supreme Court clarifies the stringent standard for declaring a spouse presumptively dead under Article 41 of the Family Code.

Diligent Search Required for Presumptive Death Declarations Under the Family Code

The Supreme Court clarifies the stringent "well-founded belief" standard for declaring a spouse presumptfully dead under Article 41 of the Family Code.

Family Home Exemptions, Res Judicata, and Execution Sales Under the Family Code

Supreme Court clarifies when a family home may be sold on execution and how res judicata bars relitigating its value.

Psychological Incapacity and Marriage Nullity: Proving Grave and Incurable Conditions

The Supreme Court clarifies what evidence proves psychological incapacity under Article 36 of the Family Code, requiring grave, incurable, and juridically antecedent conditions.

Property Division After Void Marriages: The Barrido v. Nonato Ruling

Explaining how the Supreme Court divides property acquired during void marriages under Article 147 of the Family Code.

Psychological Incapacity vs. Mere Irresponsibility: The Supreme Court’s Clear Distinction in Marriage Nullity

The Supreme Court clarifies that emotional immaturity and irresponsibility do not amount to psychological incapacity under Article 36 of the Family Code.

Family Code Compromise Rule: When Courts Cannot Dismiss Family Suits Motu Proprio

Supreme Court clarifies that failure to allege compromise efforts under Article 151 is a waivable defect, not grounds for motu proprio dismissal.

Presumptive Death Declarations: Proving Well-Founded Belief and the Right Remedy on Appeal

Learn the rules on judicial declaration of presumptive death under Article 41 of the Family Code, including the required proof and why such rulings are immediately final and executory.

Psychological Incapacity vs Marital Discord: What the Supreme Court Requires Under Article 36

The Supreme Court clarifies that marital discord, infidelity, or abandonment is not enough to nullify a marriage under Article 36 of the Family Code.

Psychological Incapacity: When Expert Testimony Fails to Prove a Void Marriage

The Supreme Court explains when expert testimony on psychological incapacity fails to prove a void marriage under Article 36 of the Family Code.

Psychological Incapacity Under Philippine Law: What Qualifies and What Does Not

The Supreme Court clarifies what does not qualify as psychological incapacity under Article 36 of the Family Code in Republic v. Galang.

When a Void Marriage Decree Can Be Issued Without Waiting for Property Liquidation

Supreme Court clarifies that Article 36 void marriage decrees need not wait for property liquidation under Article 147 of the Family Code.

Psychological Incapacity in Philippine Marriages: What the Supreme Court Requires

The Supreme Court explains what evidence proves psychological incapacity under Article 36 of the Family Code in Agraviador v. Agraviador.

Conjugal Property Sale Without Spousal Consent Is Void, Not Just Voidable

A sale of conjugal property without the other spouse's written consent is void under the Family Code. Buyers must verify the seller's authority to sell.

Spousal Consent in Conjugal Property Disposition Under the Family Code

The Supreme Court explains why a spouse cannot sell conjugal property without the other's written consent, and what buyers must verify.

Psychological Incapacity Under Article 36: What Suazo v. Suazo Teaches About Proving Nullity of Marriage in th

The Supreme Court in Suazo v. Suazo clarifies what evidence is needed to prove psychological incapacity for marriage nullity under Article 36 of the Family Code.

Psychological Incapacity: When Personality Disorders Do Not Nullify a Marriage

The Supreme Court clarifies that a diagnosis of personality disorders alone does not prove psychological incapacity under Article 36 of the Family Code.

Protecting THE Family Home Clarifying Exemptions From Execution Under THE Family Code

Psychological Incapacity and Marital Obligations: Understanding the Limits of Annulment in the Philippines

The Supreme Court clarifies that marital flaws, refusal, or neglect do not amount to psychological incapacity under Article 36 of the Family Code.

Conjugal Property and Spousal Liability: Defining Benefit Under the Family Code

When can a spouse's personal debt be charged against conjugal property? The Supreme Court clarifies the Rule Under Article 122

Psychological Incapacity Reassessing Marital Nullity Under Article 36 of the Family Code

The Supreme Court clarifies that psychological incapacity under Article 36 need not fit rigid molds, urging a case-by-case, totality-of-circumstances approach.

Psychological Incapacity: Defining the Limits of Annulment Under the Family Code

A Supreme Court ruling clarifies that psychological incapacity under Article 36 requires grave, incurable, and antecedent illness—not mere refusal or personality quirks.

Marital Consent Is Key: Spousal Rights in Property Sales Under Article 124

Supreme Court voids a husband's sale of conjugal property without his wife's consent, explaining Article 124 of the Family Code.