There are persistent questions on the effect of a petition for annulment or a declaration of nullity of marriage on a criminal case for bigamy. It is time to have a discussion on this subject matter (see below).
Continue readingAmong the grounds for annulment of marriage, psychological incapacity is the more (if not the most) commonly used. It is also one of the more controversial provisions of the Family Code. The first set of guidelines were provided in the 1995 Santos case. In the subsequent case of Molina, the Supreme Court provided more definitive guidelines in the interpretation and application of Article 36:
Just recently, the Supreme Court promulgated a decision (Antonio vs. Reyes, G.R. No. 155800, 10 March 2006) in connection with a petition for declaration of nullity under Article 36 (psychological incapacity) of the Family Code. The Supreme Court sustained the nullity of the marriage based on the psychological incapacity of the wife (respondent). As concluded by the psychiatrist presented by petitioner, such repeated lying is abnormal and pathological and amounts to psychological incapacity.
Continue readingSome Filipinos want and do get married outside the Philippines. There’s nothing really strange with this, except when they say that the reason is for convenience in getting a divorce abroad. This is strange for two main reasons:
Continue reading[Full text below. Or see Table of Contents/Directory; Title I, Title II, Title III, Title IV, Title V, Title VI, Title VII, Title VIII, Title IX, Title X, Title XI, and Title XII]
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