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Galas
NGEnano-Case summary
judicial declaration of marriage of absolute nullity is not necessary except for the
purpose of remarriage (under the civil code)
Persons and Family Relations-Atty. Galas
NGEnano-Case summary
Manuel v People proof of presumptive death is important to treat the previous marriage as dissolved
judicial cognizance, judicial declaration of the presumptive death of the absent spouse
civil code- marriage
cannot attack validity of marriage-no longer a marriage to be attacked for the same
has been terminated upon clemente's death
both marriages under the civil code
Valdez vs Republic
civil code regime, judicial declaration of presumptive not necessary.
well founded belief not required.
Annulment of judgment is proper remedy for a judicial declaration of presumptive
death obtained by extrinsic fraud.
Santos v Santos
Extrinsic Fraud happen when a litigant commit acts outside trial which prevents party
from having real contest
Republic v Villanueva requirements for well founded belief-Strict standard Approach
A. present spouse to prove that his/her belief was a result of diligent and reasonable
efforts to locate the absent spouse
B. Based on the inquires, he/she believes that under the circumstances, the absent
spouse is already dead.
marriage celebrate under civil code- void marriage, no judicial decree to establish the
invalidity is necessary