Sunteți pe pagina 1din 1

Family Code of the Philippines 1. People v. Jansen, 54 Phil.

176 The marriage license should be issued by the local civil registrar of the municipality where EITHER contracting party habitually resides. The solemnizing officer does not have to investigate whether or not the license had been properly issued. 2. Domingo v. CA, 44 SCAD 955 GR 104818 A marriage though void still needs a judicial declaration of such fact under the Family Code even for purposes other than remarriage. 3. Lapuz v. Eufemio, 43 SCRA 179 If one party dies during the pendency of the case, the same should be DISMISSED since the action is purely a personal one. This is true even if there would have been effects on property rights if a decree of legal separation had been granted. Without the decree, there can be no effects. 4. Semosa-Ramos v. Vamenta, 46 SCRA 110 Similarly, a writ of preliminary injunction for the return of the wifes paraphernal property can in the meantime be heard and granted during the 6-month period. (support pendente lite) 5. Del Mundo v. Court of Appeals, 97 SCRA 373 A sale by the surviving spouse of conjugal property cannot be declared void by the court until a liquidation is first made of the conjugal estate. 6. Phil. National Bank v. Court of Appeals A surviving spouse is not allowed by law to mortgage all by herself, land formerly belonging to the conjugal partnership (unless of course she is the sole heir thereto). 7. Agapay v. Palang, 85 SCAD 145 Separation of property between spouses during the marriage shall not take place except by judicial order or without judicial conferment when there is an express stipulation in the marriage settlements. Judgment which resulted from the parties compromise was not specifically and expressly, for separation of property and should not be so inferred. 8. Board of CID v. de la Rosa, 197 SCRA 853 If there is no presumption about the validity of the marriage, the child concerned cannot invoke the presumption of legitimacy. 9. Badillo v. Ferrer, 152 SCRA 407 The surviving widow has no authority or has acted beyond her powers in conveying to the vendees the undivided share of her minor children in the property, as her powers as the natural guardian covers only matters of administration and cannot include the power of disposition. 10.

S-ar putea să vă placă și