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Showing 1–24 of 99 articles for “family code”

Legal Separation in the Philippines: Complete Guide to Grounds and Process

Learn the legal grounds for legal separation in the Philippines under the Family Code, plus the court process, effects, and practical steps.

Annulment Grounds in the Philippines Under the Family Code: A Complete Guide

Learn the legal grounds for annulment in the Philippines under the Family Code, including void marriages, psychological incapacity, and the filing process.

Psychological Incapacity and the Value of Expert Reports in Philippine Marriage Nullity Cases

The Supreme Court clarifies when a psychological report can prove psychological incapacity under Article 36 of the Family Code.

Psychological Incapacity: Abandonment and Absence as Evidence in Philippine Marriage Nullity Cases

The Supreme Court clarifies that decades of unjustified absence from the marital home can be considered part of the totality of evidence of psychological incapacity under Article 36 of the Family Code

Retroactive Application of Psychological Incapacity: Balancing Marital Sanctity and Individual Rights

The Supreme Court clarifies that Article 36 of the Family Code applies retroactively to marriages before 1988, but proof of psychological incapacity remains stringent.

Psychological Incapacity: Infidelity Alone Insufficient for Marriage Nullity in the Philippines

The Supreme Court clarifies that infidelity and irreconcilable differences do not automatically constitute psychological incapacity under Article 36 of the Family Code.

Beyond Irresponsibility: Defining Psychological Incapacity in Marriage Nullity Cases

The Supreme Court clarifies when a spouse's immaturity and irresponsibility rise to the level of psychological incapacity under Article 36 of the Family Code.

Psychological Incapacity vs Marital Discord: When Annulment Fails in Philippine Law

Philippine Supreme Court clarifies that marital unhappiness and discord are not enough to nullify a marriage under Article 36 of the Family Code.

Family Home Exemption From Execution: What Philippine Law Requires

Philippine Supreme Court clarifies family home exemption from execution, requiring proof of actual occupancy and compliance with Family Code.

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

Unmarried Cohabitation Establishing Property Rights In Long Term Illicit Relationships

The Supreme Court ruled that long-term illicit cohabitation can establish co-ownership rights under Article 148 of the Family Code.

Psychological Incapacity: Proving Marital Nullity Through Totality of Evidence

The Supreme Court clarifies how totality of evidence, including expert testimony, can establish psychological incapacity under Article 36 of the Family Code.

Chronic Infidelity as Psychological Incapacity: Quiogue v. Quiogue Explained

The Supreme Court ruled that chronic infidelity rooted in a personality disorder can be psychological incapacity under Article 36 of the Family Code.

Conjugal Property Transfers After the Family Code: When a Spouse's Consent Is Required

The Supreme Court clarifies when a spouse's sale of conjugal property without consent is void or voidable, and the prescriptive period for challenging it.

Divorce Abroad and Filipino Spouses: Recognizing Foreign Judgments Under Article 26 of the Family Code

The Supreme Court clarifies when Philippine courts recognize foreign divorces obtained by Filipino spouses and their alien partners under Article 26.

Psychological Incapacity, Abandonment, and Failure to Support in Nullity of Marriage Cases

Explore when abandonment and failure to support qualify as psychological incapacity under Article 36, Family Code, and when they do not.

Psychological Incapacity After Tan-Andal: Abandonment, Infidelity, and Nullity of Marriage

The Supreme Court clarifies psychological incapacity under Article 36, Family Code, in light of Tan-Andal v. Andal.

Psychological Incapacity Under Article 36: What Santos-Macabata Teaches Us

The Supreme Court clarifies the high burden of proof for nullifying marriage on grounds of psychological incapacity under Article 36 of the Family Code.

Navigating Psychological Incapacity in Philippine Marriages: Insights From a Landmark Ruling

The Supreme Court clarifies psychological incapacity under Article 36, Family Code, in a landmark ruling on marriage nullity.

Beyond Infidelity: The High Bar for Psychological Incapacity in Philippine Marriages

Philippine Supreme Court clarifies that infidelity, immaturity, and lack of support do not automatically constitute psychological incapacity under Article 36 of the Family Code.

Psychological Incapacity as Annulment Ground in the Philippines After Tan-Andal

Understand psychological incapacity as an annulment ground under Article 36, Family Code, as clarified by Tan-Andal and applied in Halog v. Halog.

Spousal Consent and Conjugal Property: When a Sale Without Permission Is Void

Learn when a spouse can sell conjugal property without consent in the Philippines, and why such sales are void under the Family Code.

Psychological Incapacity Under Philippine Law: Insights From Puyat v. Puyat

The Supreme Court clarifies psychological incapacity, collusion, and child support in nullity cases under Article 36 of the Family Code.

Presumptive Death Under Article 41: Proving a Well-Founded Belief

The Supreme Court clarifies what it takes to prove a well-founded belief of death under Article 41 of the Family Code.