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Cultura Documentos
Reappearance
of
Absent
GR:
The
subsequent
bigamous
marriage under Art. 42 of the FC
remains valid despite reappearance of
the absentee spouse.
ER:
Subsequent
marriage
automatically
terminated
if
is
the
faith;
iv. The innocent spouse may revoke
the designation of the spouse in
bad faith as the beneficiary in any
insurance policy; and
v. The spouse who contracted the
subsequent marriage in bad faith
shall be disqualified to inherit from
the innocent spouse by testate or
intestate succession
7. Psychological Incapacity
a. Elements
1. Juridical Antecedence Must be
rooted in the history of the party
antedating the marriage, although
the overt manifestations may
emerge only after the marriage
2. Incurability Must be incurable or
even if it were otherwise, the cure
would be beyond the means of the
party involved
3. Gravity Must be grave / serious
such that the party would be
incapable of carrying out the
ordinary duties required in a
marriage
b. Molina Doctrine
1. Incapacity must be Permanent or
incurable
2. Root
cause
of
psychological
incapacity must be:
a. Medically
or
clinically
identified
b. Alleged in the complaint:
i.
Sufficiently proven by
experts
ii.
Clearly explained in the
decision
3. Marital Obligations refer to Art. 68
71 of the FC
4. Plaintiff has Burden of Proof
5. Incapacity proven to be Existing at
the time of the celebration of the
Marriage
6. Trial
court
must
order
the
Prosecuting Attorney or fiscal and
the Solicitor General to appear for
the state
7. Interpretations of the National
Appellate Matrimonial Tribunal of the
Catholic Church of the Philippines
while not controlling should be given
great respect
VOIDABLE MARRIAGES
1. Grounds: Must exist at time of Marriage
(Art. 45)
a. 18 or over but below 21 without consent
of parents or guardian
b. Either party unsound mind
c. Consent obtained by Fraud
i. Non-disclosure of previous conviction
by final judgment crime involving
moral turpitude
ii. Wife Concealed pregnancy
another at time of marriage
by
action
for
LEGAL SEPARATION
1. Grounds (Art. 55)
3
and
Habitual
Lesbianism or Homosexuality
Bigamy
Sexual Infidelity
Attempt on Life
Unjustified Abandonment
a. Effects of Filing Petition
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Prescription