Family Code

Psychological Incapacity – Family Code of the Philippines – Articles 36 – Toring v. Toring – 2010 SC Decision – UtakPinoy.Com

THIRD DIVISIONG.R. No. 165321August 03, 2010 RICARDO P. TORING, PETITIONER, VS. TERESITA M. TORING AND REPUBLIC OF THE PHILIPPINES, RESPONDENTS. D E C I S I O N BRION, J.: We resolve the appeal filed by petitioner Ricardo P. Toring from the May 31, 2004 decision[1] of the Court of Appeals (CA) in CA-G.R. CV …

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What is Psychological Incapacity?

Habitual drunkenness, gambling and failure to find a job, while undoubtedly negative traits, are nowhere nearly the equivalent of psychological incapacity, in the absence of incontrovertible proof that these are manifestations of an incapacity rooted in some debilitating psychological condition or illness. Suazo v. Suazo; Singson vs. Singson, G.R. No. 210766, Jan. 08, 2018. ‘Psychological …

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Psychological Incapacity – Family Code of the Philippines – Articles 36 – 2012 SC Decisions – UtakPinoy.Com

Republic of the PhilippinesSUPREME COURTManila FIRST DIVISIONG.R. No. 159594November 12, 2012 REPUBLIC OF THE PHILIPPINES, Petitioner, vs. THE HON. COURT OF APPEALS (NINTH DIVISION), AND EDUARDO C. DE QUINTOS, .JR., Respondents. D E C I S I O N BERSAMIN, J.: The State appeals the decision promulgated on July 30, 2003,[1] whereby the Court of …

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What is Presumptive death? – To Claim for the Benefit Under P.D. No. 1638 – UtakPinoy.Com

Presumptive death –– The petition for the declaration of presumptive death filed by petitioner is not an action that would have warranted the application of Article 41 of the FC because petitioner was not seeking to remarry. A reading of Article 41 of the FC shows that the presumption of death established therein is only …

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What is the True Meaning of Marriage as Defined in Art. 1 of the Family Code? – UtakPinoy.Com

Article 1 of the Family Code describes marriage as “a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life” and as “the foundation of the family and an inviolable social institution.” 2018 Jan 8G.R. No. 2107661st Division [2018V2] MARIA …

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One of the Essential Requisites of the Equal Protection Clause is Violated by Par. 2 of Art. 26 of the Family Code of the Philippines – UtakPinoy.Com

Paragraph 2 of Article 26 violates one of the essential requisites of the equal protection clause. Particularly, the limitation of the provision only to a foreign divorce decree initiated by the alien spouse is unreasonable as it is based on superficial, arbitrary, and whimsical classification. A Filipino who is married to another Filipino is not …

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