Civil Law

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    Repeated physical violence or grossly abusive conduct, A55(1) Family Code

    1. Concept Child – includes “a child by nature or by adoption” (FAMILY CODE, Last Paragraph, Article 55) Abusive – means “using harsh, insulting language; harsh and insulting; using or involving physical violence or emotional cruelty” (Merriam-Webster, n.d.. Available at: https://www.merriam-webster.com/dictionary/abusive [Accessed: 17 April 2025]) Gross – means “glaringly noticeable usually because of inexcusable badness…

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    Voidable Marriages, A45 Family Code

    Voidable Marriages, A45 Family Code Civil Law > Family Code voidable marriages, 1. Concept Voidable marriages – are valid marriages until declared annulled or voided. a. Void marriages vs. Voidable marriages   Void Marriages Voidable Marriages Legal Status Invalid from the beginning* Valid until annulled Grounds Absence of a marriage requisite, Psychological Incapacity, Incestuous Marriages,…

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    Sexually-Transmissible Disease, A45(6) Family Code

    1. Concept Sexually-transmissible disease – means “are caused by sexually transmitted infections (STIs). They are spread mainly by sexual contact. STIs are caused by bacteria, viruses or parasites.” (Mayo Clinic, Sexually transmissible disease (STDs), https://www.mayoclinic.org/diseases-conditions/sexually-transmitted-diseases-stds/symptoms-causes/syc-20351240 [Accessed: 12 April 2025]) 2. Sexually-transmissible disease Art. 45. A marriage may be annulled for any of the following causes,…

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    Incurable Sexual Incapacity, A45(5) Family Code

    1. Concept Incurable sexual incapacity – means the inability to engage in sexual intercourse and such is not curable. 2. Incurable sexual incapacity Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage: x x x (5) That either party was physically incapable of consummating…

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    Force, Intimidation, Undue Influence, A45(4) Family Code

    1. Concept Force – means “violence, compulsion, or constraint exerted upon or against a person or thing”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/force [Accessed: 12 April 2025]) Intimidation –  means “to make timid or fearful”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/intimidation [Accessed: 12 April 2025]) Undue influence – means “improper influence that deprives a person of freedom…

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    Fraud, A45(3), 46 Family Code

    1. Concept Fraud – means “intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/fraud [Accessed: 17 April 2025]) 2. Fraud Art. 45. A marriage may be annulled for any of the following causes, existing at the time of…

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    Unsound Mind, A45(2) Family Code

    1. Concept Of unsound mind – means “mentally ill : not sane”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/of%20unsound%20mind  [Accessed: 17 April 2025]) 2. Unsound mind Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage: x x x (2) That either party was of unsound mind,…

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    Imprescribility of Void Marriages, A39 Family Code

    1. No Prescription Art. 39. The action or defense for the declaration of absolute nullity of a marriage shall not prescribe. (As amended by Executive Order 227 and Republic Act No. 8533; The phrase “However, in case of marriage celebrated before the effectivity of this Code and falling under Article 36, such action or defense…

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    Remarriage after nullity of previous marriage, A40 Family Code

    1) Final Judgment Art. 40. The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void. (n) 1) While there is no prescription for the declaration of the nullity of marriage, a contracting party is required to obtain first…