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Showing 73–96 of 97 articles for “nullity”

Writ OF Possession Ministerial Duty Despite Pending Nullity Suit

Psychological Incapacity in the Philippines: Why Navales v. Navales Set a Higher Bar

In Navales v. Navales, the Supreme Court reversed a declaration of nullity and reminded courts that psychological incapacity requires grave, incurable incapacity, not mere infidelity.

THE Threshold OF Psychological Incapacity Navigating Marital Nullity IN THE Philippines

Judicial Due Process When Haste Makes Waste in Nullity Cases

Two judges fined for gross ignorance of procedure after rushing a marriage nullity case, depriving the husband of due process.

Psychological Incapacity in Marriage Nullity: Burden of Proof and Evidence Rules

Philippine Supreme Court clarifies psychological incapacity evidence rules under Article 36 Family Code, including burden of proof and expert testimony requirements.

Attorney Discipline in Nullity Cases: Due Process and Compliance Standards

Supreme Court clarifies lawyer discipline standards in nullity cases, requiring clear evidence and due process before sanctions.

Persistent Lying As Psychological Incapacity Understanding Grounds For Marriage Nullity In The Philippines

Explore how persistent lying may constitute psychological incapacity under Philippine law, affecting marriage nullity cases and legal remedies.

Res Judicata Bars Second Nullity Suit on Different Ground

A final denial of a marriage nullity petition bars a second suit, even on a different ground like lack of marriage license.

Psychological Incapacity: Abandonment and Infidelity Alone Insufficient for Marriage Nullity

The Supreme Court clarifies that abandonment, infidelity, and even bigamy do not automatically prove psychological incapacity under Article 36 of the Family Code.

Psychological Incapacity and Marital Damages: Reconciling Grounds for Nullity and Liability

Explains why damages cannot be awarded when a spouse's acts stem from psychological incapacity, and how property is divided in void marriages.

Usury Law and Loan Obligations: Balancing Lender Rights and Borrower Protection

Philippine Supreme Court ruling on 21% interest validity, 3% monthly surcharge nullity, and borrower obligations under the Usury Law.

Res Judicata and Forum Shopping in Partition Cases: When a Separate Nullity Suit Is Barred

A Supreme Court ruling explains why a separate action to nullify a deed of sale is barred by forum shopping when the same issue can be resolved in a pending partition case.

When Ambiguity Clouds Inheritance Agreements: The Quiros v. Arjona Ruling

A barangay settlement left the land unidentified. The Supreme Court ruled the deal valid but unenforceable, pointing heirs to reformation instead of nullity.

Challenging Nullity Decrees When Improper Summons Invalidates A Marriage Annulment

When a marriage annulment is granted by default without proper summons, the judgment may be void for lack of jurisdiction over the respondent spouse.

Bigamy and Psychological Incapacity: Subsequent Nullity Declarations in Philippine Law

Philippine Supreme Court ruling: a later declaration of psychological incapacity does not erase criminal liability for bigamy.

Valid Service of Summons in Cross-Border Marital Disputes: The Licaros Case

How Philippine courts acquire jurisdiction over non-resident spouses in marriage nullity cases, explained through the Licaros ruling.

Who May Nullify a Bigamous Marriage? The Supreme Court’s Ruling in Quirit-Figarido v. Figarido

Only the aggrieved or injured innocent spouse may petition to nullify a bigamous marriage. The guilty spouse cannot seek nullity to remarry.

State Participation in Marriage Nullity Cases: Protecting the Inviolability of Marriage

The Supreme Court remands a nullity case for retrial because the State failed to actively participate, underscoring marriage's inviolable nature.

THE States Duty IN Marriage Nullity Cases Preventing Collusion AND Ensuring Justice

When a Judicial Decree of Nullity Is Not Required for Remarriage Under the Civil Code

The Supreme Court explains when a void first marriage needs no judicial declaration before a second marriage, under the Civil Code regime.

Bigamy in the Philippines: Why a Court Declaration Is Needed Even for Void Marriages

The Supreme Court explains why a judicial declaration of nullity is required before remarriage, even if the first marriage is void.

Why a Court Declaration of Nullity Is Crucial to Avoid Bigamy in the Philippines

A Supreme Court ruling explains why a prior judicial declaration of nullity is essential before remarrying, and why a pending nullity case cannot suspend a bigamy prosecution.

When a Nullity Case Is Not a Prejudicial Question in Concubinage Prosecutions

A nullity of marriage case does not automatically suspend a concubinage prosecution. The Supreme Court explains why.

When a Civil Case Does Not Suspend Criminal Estafa Proceedings

The Supreme Court clarifies when a civil action for nullity of trust receipts is not a prejudicial question that suspends criminal estafa cases.