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Showing 73–96 of 236 articles for “family”

The High Bar for Psychological Incapacity: Marital Infidelity Alone Is Insufficient for Annulment in the Phili

The Supreme Court clarifies that infidelity alone does not prove psychological incapacity for annulment under Article 36 of the Family Code.

Abandonment Alone Insufficient Psychological Incapacity IN Philippine marriage LAW

Philippine Supreme Court clarifies that abandonment alone does not prove psychological incapacity under Article 36 of the Family Code.

When Family Driver Claims Mask Illegal Dismissal: Protecting Employee Rights in the Philippines

Supreme Court rules that labeling a company driver as a "family driver" cannot defeat illegal dismissal claims and full backwages.

When a Case Withdrawal Backfires: The Co It Case on Finality and Justice

The Supreme Court reinstated a withdrawn petition after a promised family reconciliation failed, showing when final judgments may yield to substantial justice.

When a Spouse's Consent Is Missing: Void Mortgages and Conjugal Liability

A mortgage on conjugal property without the other spouse's consent is void, but the loan itself may still bind the family.

Psychological Incapacity Under Article 36: What Republic v. Pangasinan Teaches Us

The Supreme Court clarifies the strict requirements for proving psychological incapacity to nullify a marriage under Article 36 of the Family Code.

Proving Foreign Law in Philippine Courts: Divorce Recognition Under Article 26

A Philippine court explains what evidence is needed to prove foreign divorce law under Article 26 of the Family Code.

Eviction and Land Use: Clarifying Need and Notice in Property Repossession

The Supreme Court clarifies the requirements for ejectment under the Rental Law, including the three-month notice rule and what counts as an for the owner's family use.

Clarifying Debt Liability When Personal Obligations Meet Family Debts

Supreme Court clarifies when assuming a parent's debt creates novation and when interest is due under Philippine law.

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.

Forged Deeds and Ejectment: Protecting Co-Ownership Rights in Family Property Disputes

When a forged deed transfers family property, can the fraudulent titleholder evict co-owner heirs? The Supreme Court says no.

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.

When a Judge Serves as Attorney-in-Fact: A Cautionary Tale on Judicial Impropriety

The Supreme Court reminds judges that serving as attorney-in-fact for non-family members violates the Code of Judicial Conduct and constitutes impropriety.

Sheriffs Must Disclose Conflicts of Interest and File Timely Returns on Writs of Execution

The Supreme Court ruled that sheriffs must disclose family ties to parties and file periodic reports on writs of execution, or face administrative liability.

Protecting Children Parental Abuse AND THE Boundaries OF Family Rights IN THE Philippines

Unraveling Implied Trusts Protecting Family Interests in Property Disputes

The Supreme Court explains implied resulting trusts in family property disputes, clarifying prescription, parol evidence, and ownership rights.

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.

Oral Partition of Inheritance: How Heirs' Rights Prevail in Property Disputes

Learn how the Supreme Court protects heirs' rights in oral partition agreements and what this means for property disputes among family members.

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.