Persons Midterms Reviewer - Case Keyword List and Comparison + notes of key cases

Topic Overview of Due Process and Equal Protection Clause Concept and Classes of persons Presumption to capacity Minority Case Griswold v. Connecticut Eisenstadt v. Baird Geluz v. CA People V. Tirol Joaquin v. Navarro Standard Oil co. v. Arenas Mercado v. Espiritu Bambalan v. Maramba Braganza v. Villa Abrille Martinez v. Martinez Wassmer v. Velez Tanjanco v. CA De Jesus v. Syquia Piccininni v. Hajus Definition and nature of marriage Loving v. Virginia Zablocki v. redhail Traditional marriage Changing status of women By private contract when valid when void Graham v. Graham Bradwell v. Illinois Dunn v. Palermo In Re: Santiago Selenova v. Mendoza Essential requisites Jones v. Hallahan Goodridge v. Dept. of public health Silverio v. republic Republic v. cagandahan Consent freely given People v. Santiago Buccat v. Buccat Eigenmann v. Guerra Authority of solemnizing officer Navarro v. domagtoy Aranes v. occiano Marriage license Republic v. CA (1994) Moreno v. Bernabe People v. Borromeo Seguisabal v. Cabrera Alcantara v. Alcantara Martinez v. Tan Madridejo v. de Leon Presumption of marriage Trinidad V. CA

Prodigality Breach of promise to marry

Keywords Doctors at sexual health clinic giving advice to married couples on use of contraception Speaker arrested for handing out vaginal foam during a talk on sexual rights Wife had 3 abortions, 3rd one husband filed damages Murder, accused died before trial no personality Survivorship, wartime, collapsed building Husband claims monomania, debt surety Minors misrepresented selves to sell land Minor was forced into contract with another party knew about his minority Mother and 2 sons borrowed money during wartime Son wants father declared prodigal for giving generous donations and admin power to 2nd wife Groom is a mommas boy, disappeared 2 days before the actual wedding Man able to have sex with woman for 1 year then refused to marry her lived together but when pregnant for the 2nd time man left the woman and married someone else Woman demanded renovations on home before marriage but left man after he already spent 40K Interracial marriage allowed in other states but not in the state of their domicile Poor people can not marry because their children might become wards of the state Husband and wife traveling together, wife is the one providing support. Married woman denied practice of law because she is a legal non person Woman refusing to use husbands surname Lawyer assured spouses that they can make ordinary contract with stipulations that bound and ended marriage contract Judge allowed post-nuptial contract with stipulations of liquidation of CPG and barred infidelity lawsuits 2 women denied marriage license 7 same sex couples, statute against same-sex marriages Sex change operation wanted name change and sex changed in the records to be able to marry foreign spouse Pseudo hermaphrodite allowed to change sex because condition is biologically based Man raped niece then married her to escape crim. Liability Wife 6 months pregnant at time of marriage, husband claims fraud Boy misrepresented his age to be able to marry Judge a: administered bigamous marriage Judge b: administered marriage outside his jurisdiction Judge administered wedding outside his jurisdiction and w/o marriage license womans lawyer found that her marriage had no license, diligent search done and license not found Judge claims good faith in celebrating marriage w/o license because man promised that it was on the way Parricide wants to reduce to homicide claiming lack of legal marriage because there is no contract Wife of soldier who died in the line of duty cant claim inheritance because they were married without a marriage license Contract has license number but actual license cant be found, used fixer No verbal marriage vows only written in front of justice of peace and witnesses Marriage in articulo mortis, priest lost the marriage cert and did not send to the LCR Married couple already dead, records burned in war son wants to claim legitimacy relatives protesting used photos and testimonies to prove marriage Marriage had no documentary records that could be found documents not the only proof, cohabiting = no license needed Marriage license missing, LCR did not do best to search for it not enough 3 marriages, only 2nd is void. 3rd was contracted when 1st wife died. Husband committed bigamy, as imprisoned. When he died legal wife is still heir.

Ceremony

Vda de Jacob V. CA Sevilla v. Cardenas People v. Mendoza Toelntino V. Paras

Void marriages

Persons Midterms Reviewer - Case Keyword List and Comparison + notes of key cases
Wiegel v. Sempio-diy Terre v. Terre Atieza v. Brilliantes Borja-Manzano v. Sanchez Apiag v. Cantero ART 36 Santos v. Bedia-Santos Republic v. CA (1997 MOLINA) Tsoi v. CA Choa v. Choa Antonio v. Reyes Republic V. Melgar Paras v. Paras Tongol v. Tongol Dimayuga-laurena v. CA Te v. Te Ting v. Velez-Ting Ninal v. Badayog Domingo v. CA De Castro V. Assidao- de Castro Grounds for annulment Moe v. Dinkins Katipunan v. Tenorio Suntay v. Conjuangco-Suntay Buccat v. Buccat Aquino v. Delizo Anaya v. Palaroan Ruiz v. Atienza Jimenez v. Republic Sarao v. Guevara People v. Santiago Jones v. Hortiguela Yu v. yu Tamano v. Ortiz People v. Zapata and Bondoc Munoz v. del Barrio Gandionco v. Penaranda Lapuz v. Eufemio Dela Cruz v. Dela Cruz Ong eng kiam v. Ong Defenses for legal separation People v. sensano and ramos Ocampo v. florenciano Sergeant v. sergeant Brown v. Yambao Willan v. Willan Bugayong v. Ginez Matubis v. Praxedes Contreras v. Macaraig Somosa-Ramos v. Vamenta Jr De la Vina v. Villareal Reyes v. Ines-Luciano

Effects of nullity

Requirement of judicial declaration on nullity before can re-marry! FISHY! Woman married to first cousin, man convinced her it is void and they got married w/o judicial declaration Judge married same woman twice without marriage license, married someone else later w/o a judicial decree Judge solemnized wedding of parties who were just separated, clearly stated in their affidavit. Exemption needs no impediments! Judge contracted 2nd marriage w/o judicial declaration of nullity but 1st marriage happened before 1988 Wife is a nurse who went abroad and refused to work and return to phils Bad husband and father does not support, is immature and drinks a lot No sex, penis case! Wife filed cases against h, immature, lacked procreative sexuality but HAD 2 KIDS! Pathological liar! Married for 31 years filed to nullity grounds had no basis Husband infidelity, did not support kids, falsification of signature on loan Wife is insecure of husbands success and co-workers Wife accusing huband as homosexual Eloped to cebu! Husband hostaged! Husband is violent, gambles and is immature Husband killed 1st wife then died in car accident, 2nd marriage had no license, heirs want to challenge validity of marriage Wife found out that her marriage is not valid because husband already has wife License expired before marriage ceremony, after separation wife filed for support Minors can not get married without parental consent! Wife became insane after pregnancy, insanity must exist at time of marriage Husband is schizo, insane voidable only not void. Wife 6 months pregnant at time of marriage, husband claims fraud Wife 4 months pregnant at time of marriage, husband claims fraud Husband had premarital sex with someone else wife Consent of husband attained by relatives through force Wifes vagina too small, refused medical exam Wife had tumor had operation to remove it, husband lost desire for her Rape! Niece! Wife remarried when husband already missing for 9 years, step-daughter assailed validity of marriage to be declared only heir HC is available remedy to a parent who is deprived of custody of his legitimate child Muslim senator died, 2nd marriage is bigamous because it was a civil wedding Wife convicted of adultery, husband sued again after she got out and continued to cohabit with paramour CC case! Husband violent but not enough to constitute threat to life! Concubinage, civil and crim case simultenously commenced Wife died before leg.sep declared, father wanted to rep. daughter to be declared heir but leg.sep is a personal right and is extinguished by her death Husband lived away from conj. Home but continued to visit and give financial support Husband violent, wife left home. Wife can file for legal sep because abandonment w/ cause CONSENT. Husband abandoned wife, wife had relations. Was imprisoned, got out wanted to reconcile husband refused. Then instituted another round of charges COLLUSION! Wife confessed to affairs Spouses can not corroborate CONSENT! CONNIVE! Black servant, white mistress RECRIMINATION! Wife infidelity, husband concubinage CONDONE! Husband soldier, wife is abusive and cruel CONDONE! Husband receiving letters of wifes infidelity! CONSENT! CONDONE! Written agreement not to file for infidelity charges Knowledge not from rumors but from actual admission of husband Bar of actions in 6 month waiting period is not absolute, Wife petitioning to have her properties returned to her from admin of husband Support for wife who left conj home because husband had mistress! Husband violent accusing wife of infidelity (not proven), wife wants support

Marriage when one spouse is absent Effects of pending decree Jurisdiction Grounds for legal separation

When to file/try actions Effects of filing petition

Persons Midterms Reviewer - Case Keyword List and Comparison + notes of key cases
Effects of decree Banez v. Banez La Rue v. La Rue Matute v. Macadaeg Laperal v. Republic Foreign divorce Van dorn v. Romillo Jr Quita v. Dandan Llorente v. CA Garcia v. Recio Republic v. Obercido Muslim divorce De facto separation Cohabit, mutual love and respect Yasin v. Sharia District Court Perez v. CA Estrada v. Escritor Narag v. Narag Goitia v. Campos Rueda Warren v. State Thurman v. City of Torrington People v. Liberta Tenchavez v. escano Davidas de Villanueva v. Villanueva Garcia v. Santiago Atilano v. Chua ching beng Del Rosario v. Del rosario Mutual help and support Mc Guire v. Mc Guire Pelayo v. Lauron Young V. Hector Silva v. Peralta Tolentino v. CA Yasin v. Sharia District Court Perez v. Tuazon de Perez Arroyo v. Vazquez de Arroyo

from conj property and not from husbands own resources Wife had 2 houses in US, Husband only 1 house in Philippines. Wife wants to take husbands house Wife can claim half of property regime because of her economic contributions to the marriage through her housework Husband entitled to custody of children when wife is the guilty party Wife wanted to revert to maiden name, not allowed because marriage bond not severed Filipina instituted divorce, husband agreed, courts recognized divorce Wifes citizenship not clearly established when she instituted divorce Husband left estate to 2nd wife, 1st wife claiming she is legal heir Filipino married an Australian, Filipina wife alleging their marriage void because his divorce is limited only Wife went to US became citizen then filed for divorce, husband did not present enough evidence to prove citizenship and divorce of wife Divorced under MPL wants to revert to maiden name. H already remarried. Wife nurse in the US, Husband doctor. TENDER YEARS PRINCIPLE! Jehovahs witnesses! Lawyer concubinage but continued to provide for family. Unchaste acts on genitals, entitled to support Marital rape and sodomy no exemption just because married Police did not protect wife and child! Marital exemption for rape is unconstitutional! Husband LIABLE! Wife abandoned husband, went to US got divorce. H can claim moral damages! Husbands infidelity wife left conj. home Husband threatened wife w/ violence. Kids from previous marriages had sex! Wife entitled to support Wife refused to cohabit with husband after negative experience of cohabiting with husbands parents. Husband offered to make their own house. Lived with husbands mother, husband refuses to live apart from mother. Wife entitled to support from husband Husband to frugal! Refused to support family properly! No support for wife because they live in the same house. Wife died in child birth, no one wants to pay doctor for his services Architect father, lawyer mother custody is not gender based but based on pimary care taker and stability Usurpation of name! no actual marriage! No monopoly over the use of husbands surname! Was not pretending to be tolentinos current wife, no confusion. Previous marriage had kids. Divorced under MPL wants to revert to maiden name. H already remarried. Father and son wanted to declare wife a prodigal filed in RTC but FDC has jurisdiction Wife is extremely jealous wanted separation. Court cant order spouse to perform marital duties can only advice!

Fixing family domicile

Management of household Use of surname

Relief from courts

Persons Midterms Reviewer - Case Keyword List and Comparison + notes of key cases
Case 1 Buccat v. Buccat NO FRAUD because 6 months pregnant at time of marriage OBVIOUS Bugayong v. Ginez Knowledge happened when letters from relatives about infidelity of wife was received Tolentino v. CA NO MONOPOLY OF NAME Divorce is publicly known, not pretending to be current wife, no confusion Has kids of the same last name Has permission from family of Tolentino Atiliano V. Chua Ching Beng Resided with parents of husband and they didnt get along with wife Wife refused to cohabit with husband after which husband offered to make separate home for them WIFE IS NOT ENTITLED TO SUPPORT SEPARATELY BECAUSE HUSBAND OFFERED OWN DOMICILE Alcantara v. Alcantara Used fixer to attain license MARRIAGE VALID Husband knowingly entered into marriage and ways on how license was attained is irrelevant because what is considered is the actual having of a license which in the documents were clearly cited Common ground? Claims of fraud due to pregnancy of wife at the time of marriage ceremony

When does knowledge of Marital offense occur Use of Surname of Husband

Case 2 Aquino v. Delizo POSSIBLE FRAUD because wife is plump and only 4 months pregnant at time of marriage. REMAND because together long before marriage. Contreras v. Macaraig Knowledge only occurred when husband admitted to wife about infidelity although many rumors had already been heard Silva v. Peralta Marriage not established Pretending to be legal wife USURPATION OF NAME Del Rosario v. Del Rosario Resided with husbands mother who did not get along with wife Wife left and husband refused to live apart from mother WIFE IS ENTITLED TO SUPPORT BECAUSE HER ONLY DUTY IS TO COHABIT WITH HUSBAND AND NOT WITH MOTHER IN LAW Republic V. CA Woman found out that her marriage had no license, husband was the one who fixed it She asked LCR to verify her discovery They searched diligently but could not find it MARRIAGE INVALID

Is the wife entitle to separate support? In-laws cases!

Marriage license absence v. irregularity

Case Molina Case

Doctrine Guidelines for Psychological incapacity 1. burden of proof to show nullity of marriage is on plaintiff 2. root cause of physiological incapacity must be medical, alleged in complaint, proven by experts, clearly explained 3. incapacity must have been present at the time of marriage ceremony 4. Permanent and incurable GRAVE disable spouse from fulfilling marital duty non compliance with marital obligations must be explained in context 7. church tribunal on marriage decisions should be afforded with great respect but not binding 8. State must have participation through OSG or Fiscal A Filipino who became a naturalized citizen elsewhere can file for divorce and have it recognized in the Philippines given that her citizenship is clearly established as alien before the divorce. Custody: Who is primary care taker? Who has the more stable income? (Stability not in terms of amount) Was divorce (or legal separation) brought about due to an offense? Parental authority is the voice of wisdom for minors and persons 1820. lack of consent to marry does not make the marriage void it makes it VOIDABLE but can still be ratified 6. Psychological incapacity must be proven and must be related to the inability of spouse to perform marital duties. IT CAN NOT BE SIMPLY A REFUSAL ON THE PART OF ONE SPOUSE

5.

Quita Young v. hector

Moe V. Dinkins And Eigenmann v. Esguerra Santos v. CA