Documente Academic
Documente Profesional
Documente Cultură
*
G.R. No. 122749. July 31, 1996.
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* FIRST DIVISION.
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VITUG, J.:
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obligations;
“(2) The three older children, Carlos Enrique III, Antonio
Quintin and Angela Rosario shall choose which parent they would
want to stay with.
“Stella Eloisa and Joaquin Pedro shall be placed in the custody
of their mother, herein respondent Consuelo Gomez-Valdes.
“The petitioner and respondent shall have visitation rights
over the children who are in the custody of the other.
“(3) The petitioner and respondent are directed to start
proceedings on the liquidation of their common properties as
defined by Article 147 of the Family Code, and to comply with the
provisions of Articles 50, 51 and 52 of the same code, within thirty
(30) days from notice of this decision.
“Let a copy of this decision be furnished the Local Civil
Registrar of Mandaluyong,2 Metro Manila, for proper recording in
the registry of marriages.” (Italics ours.)
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2 Rollo, p. 22.
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3
ownership found in the Civil Code shall apply.” (Emphasis
supplied.)
“I
“Article 147 of the Family Code does not apply to cases where the
parties are psychologically incapacitated.
“II
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3 Rollo, p. 42.
4 Rollo, pp. 38-39.
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“III
“IV
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shall belong to the innocent party. In all cases, the forfeiture shall
take place upon termination of the cohabitation.”
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7 Art. 5. Any male or female of the age of eighteen years or upwards not
under any of the impediments mentioned in Articles 37 and 38, may
contract marriage.
Art. 37. Marriages between the following are incestuous and void from
the beginning, whether the relationship between the parties be legitimate
or illegitimate:
Art. 38. The following marriages shall be void from the beginning for
reasons of public policy:
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(6) Between the surviving spouse of the adopted child and the
adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other,
killed that other person’s spouse or his or her own spouse.
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Art. 51. In said partition, the value of the presumptive legitimes of all
common children, computed as of the date of the final judgment of the
trial court, shall be delivered in cash, property or sound securities, unless
the parties, by mutual agreement judicially approved, had already
provided for such matters.
The children or their guardian, or the trustee of their property, may
ask for the enforcement of the judgment.
The delivery of the presumptive legitimes herein prescribed shall in no
way prejudice the ultimate successional rights of the children accruing
upon the death of either or both of the parents; but the value of the
properties already received under the decree of annulment or absolute
nullity shall be considered as advances on their legitime.
Art. 52. The judgment of annulment or of absolute nullity of the
marriage, the partition and distribution of the properties of the spouses,
and the delivery of the children’s presumptive legitimes shall be recorded
in the appropriate civil registry and registries of property; otherwise, the
same shall not affect their persons.
Art. 102. Upon dissolution of the absolute community regime, the
following procedure shall apply:
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value between the market value of the community property at the time
of the celebration of the marriage and the market value at the time of its
dissolution.
Art. 129. Upon the dissolution of the conjugal partnership regime, the
following procedure shall apply;
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funds, if any.
(7) The net remainder of the conjugal partnership properties shall
constitute the profits, which shall be divided equally between
husband and wife, unless a different proportion or division was
agreed upon in the marriage settlements or unless there has been
a voluntary waiver or forfeiture of such share as provided in this
Code.
(8) The presumptive legitimes of the common children shall be
delivered upon partition in accordance with Article 51.
(9) In the partition of the properties, the conjugal dwelling and the lot
on which it is situated shall, unless otherwise agreed upon by the
parties, be adjudicated to the spouse with whom the majority of
the common children choose to remain. Children below the age of
seven years are deemed to have chosen the mother, unless the
court has decided otherwise. In case there is no such majority, the
court shall decide, taking into consideration the best interests of
said children.
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voidable marriages14
and, exceptionally, to void marriages
under Article 40 of the Code, i.e., the declaration of nullity
of a subsequent marriage contracted by a spouse of a prior
void marriage before the latter is judicially declared void.
The latter is a special rule that somehow recognizes the
philosophy and an old doctrine that void marriages are
inexistent from the very beginning and no judicial decree is
necessary to establish their nullity. In now requiring for
purposes of remarriage, the declaration of nullity by final
judgment of the previously contracted void marriage, the
present law aims to do away with any continuing
uncertainty on the status of the second marriage. It is not
then illogical
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for the16 provisions of Article 43, in relation to
Articles 41 and 42, of the Family
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revocable; and
(5) The spouse who contracted the subsequent marriage in bad faith
shall be disqualified to inherit from the innocent spouse by testate
and intestate succession.
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Orders affirmed.
——o0o——
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