Prepared by: ATTY. JOSE VICENTE “Blue” C. VENTOSA III Ventosa Law Office
Fairlanes Complex, Pryce Road corner F. Torres Street
Bajada, 8000 Davao City, Telefax No. (082)224-57-20
Cellphone No. 0922-VENTOSA (0922-8368672)
Website: www.facebook.com/davaolawyer
e-mail: davaolawyer@gmail.com
LET US REVIEW:
• BACKGROUND ON MARRIAGE, Requisites, etc.
• 3 Ways to End a Bad Marriage in the Philippines – LEGAL SEPARATION, NULLITY OF MARRIAGE and ANNNULMENT
• ANNULMENT IN THE PHILS. -UNDER ARTICLE 36 FAMILY CODE
NEW TOPICS:
• – Guidelines – 1997 Case of Molina (very strict requirements) Republic vs. Court of Appeals and Roridel Olaviano Molina [1997 Feb 13 En Banc G.R. No. 108763]
– 8 Guidelines for the interpretation and application of Article 36
Current Events: Did the Supreme Court relax the rules on psychological incapacity as ground to annul marriages? (2015 Kalaw Case) 2015 case of Valerio E. Kalaw vs. Ma. Elena Fernandez (G.R. No. 166357, 14 January 2015)
Did the 2015 Case of Kalaw relax the requisites of annulment? – wife playing mahjong – annulment granted by the Supreme Court on reconsideration;
KALAW CASE compared to MOLINA CASE
1. The rules provided in Molina remain valid
2. Expert testimony is decisive
3. The psychologist need not personally examine the incapacitated spouse
4. Article 36 is patterned after Church doctrines
5. Article 36 protects the family
6. Article 36 has no definition
7. One or both spouses can be psychologically incapacitated
8. Trial court decision is binding
9. There are sufficient safeguards to protect marriage
10. Other perspectives for Article 36
• 4th Way to End a Bad Marriage? – DIVORCE in Phils? / Divorce Bill
There is divorce in the Philippines, but only for Muslims, provided by Presidential Decree No. 1083;
Remarriage for Filipino Spouses married to Foreigners for divorce obtained by foreigner abroad – Judicial Recognition of Foreign Decree of Divorce – Under Paragraph 2 of Article 26 Family Code – Orbecido and Fujiki Cases
CONTINUATION OF QUESTIONS FROM LAST WEEK:
If I am already divorced in another country, do I still need to have my marriage annulled?
What happens to my children and our properties in case of an annulment?
• SUMMARY / CLOSING REMARKS
