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CASE ARTICLE 49

Case: ARTICLE 49 REYNALDO ESPIRITU and GUILLERMA LAYUG vs. COURT OF APPEALS and TERESITA MASAUDING G.R. No. 115460  :: 15 March 1995  :: MELO, J. Facts: Reynaldo Espiritu and Teresita Masauding first met in Iligan City.  Teresita left for Los Angeles to work as a nurse where she was able to acquire immigrant status sometime later.  Reynaldo was sent by his employer to Pittsburgh as its liaison officer.  Reynaldo and Teresita began to maintain a common-law relationship of husband and wife where a child was born, Rosalind Therese.  During their vacation in the Philippines, Reynaldo and Teresita got married and by the time they returned to the United States, Reginald Vince was born.  The relationship soon deteriorated and Teresita left her family to go back to California.  Because his assignment is not yet completed, Reynaldo had to leave his children with his sister, Guillerma Layug, in the Philippines. Results of child psychology ...
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CASE ARTICLE 33

CASE ARTICLE 33 Estrellita J. Tamano, petitioner, versus Honorable Rodolfo A. Ortiz, Presiding Judge, RTC-Br. 89, Quezon City, Haja Putri Zorayda A. Tamano, Adib A. Tamano and the Honorable Court of Appeals, respondents. G.R. No. 126603 June 29, 1998 Facts: On 31 May 1958 Senator Mamintal Abdul Jabar Tamano (Tamano) married private respondent Haja Putri Zorayda A. Tamano (Zorayda) in civil rites. Their marriage supposedly remained valid and subsisting until is death on 18 May 1994. Prior to his death, on 2 June 1993, Tamano also married petitioner Estrellita J. Tamano (Estrellita) in civil rites in Malabang, Lanao del Sur. On 23 November 1994 private respondent joined by her son Adib A. Tamano (Adib) filed a Complaint for Declaration of Nullity of Marriage of Tamano and Estrellita on the ground that it was bigamous. They contended that Tamano and Estrellita mispresented themselves as divorced and single, respectively...
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ARTICLE 33

MARRIAGE AMONG MUSLIMS OR AMONG MEMBERS OF THE ETHNIC CULTURAL COMMUNITIES MAYBE PERFORMED VALIDLY WITHOUT THE NECESSITY OF MARRIAGE LICENSE, PROVIDED THEY ARE SOLEMNIZED IN ACCORDANCE WITH THEIR CUSTOM, RITES OR PRACTICES  EXPLANATION:            Marriage in Islam is regarded as sacred: It clearly stated in Quran the following explanations: Among His proofs is that He created for you spouses from among yourselves, in order to have tranquility and contentment with each other, and He placed in your hearts love and care towards your spouses. In this, there are sufficient proofs for people who think. It is lawful for you to go in unto your wives during the night preceding the (day's) fast: they are as a garment for you, and you are as a garment for them. God is aware that you would have deprived yourselves of this right, and so He has turned unto you in His mercy and removed this hardship from you. Now, then, you may lie wit...
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CASE ARTICLE 17

CASE ARTICLE 17 CHING vs. GOYANKO, JR. GR No. 165879November 10, 2006 FACTS: The respondents are the seven children out of the legal union of Joseph Goyanko, Sr. and Epifania dela Cruz.Respondents claim that in 1961, their parents acquired a real property in Cebu which was first registered in the name of their aunt as their parents was still Chinese citizens this time.In May, 1993, their aunt executed a Deed of Absolute Sale over the subject property in favor of their father. In turn, on October 1993, respondent’s father executed a Deed of Absolute Sale in favor of the petitioner, Maria Ching, his common-law wife. After Goyanko Sr.’s death, the respondents discovered that the property had been transferred to the name of the petitioner.Thus, the respondents filed a Complaint for the recovery of the property and damages against petitioner and they prayed for the nullification of the deed of sale and the issuance of...
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ARTICLE 17

THE LOCAL CONSECUTIVE CONSECUTIVE REGISTRAR SHALL PREPARE A NOTICE WHICH CONTAIN THE FULL NAMES AND RESIDENCES OF THE APPLICANTS FOR A MARRIAGE LICENSE AND OTHER DATA GIVEN IN THE APPLICANTS. THE NOTICE SHALL BE POSTED FOR TEN CONSECUTIVE DAYS ON A DAYS ON A BULLETIN BOARD OUTSIDE THE OFFICE OF THE LOCAL CIVIL REGISTRAR LOCATED IN A CONSPICUOUS PLACE WITHIN THE BUILDING AND ACCESIBLE TO THE GENERAL PUBLIC. THIS NOTICE SHALL REQUEST PERSON SHAVING KNOWLEDGE OF ANY IMPEDIMENT MARRIAGE  TO ADVISE THE LOCAL CIVIL REGISTRAR THEREOF THE MARRIAGE LICENSE SHALL BE ISSUED AFTER THE COMPLETION OF THE PERIOD PUBLICATION After the receipt of the application for marriage license. The local civil registrar  shall  prepare a notice which shall be posted for at least ten (10) days at the bulletin board outside of his office in conspicuous places or even in places accessible to the public. EXPLANATION:         This article stated ...
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CASE DIGEST ARTICLE 1-MARRIAGE

CASE ARTICLE 1 HERMINIA BORJA-MANZANO, petitioner, v. JUDGE ROQUE R. SANCHEZ, respondent. A.M. No. MTJ-00-1329. March 8, 2001 Facts: Complainant Herminia Borja-Manzano avers that she was the lawful wife of the late David Manzano, having been married to him on 21 May 1966 in San Gabriel Archangel Parish, Araneta Avenue, Caloocan City. Four children were born out of that marriage. On 22 March 1993, however, her husband contracted another marriage with one Luzviminda Payao before respondent Judge. When respondent Judge solemnized said marriage, he knew or ought to know that the same was void and bigamous, as the marriage contract clearly stated that both contracting parties were “separated.” Respondent Judge, on the other hand, claims in his Comment that when he officiated the marriage between Manzano and Payao he did not know that Manzano was legally married. What he knew was that the two had been living together as husband and wife for...
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CASE Digest ARTICLE 393-394

CASE RELATED TO ARTICLE 393-394 BONILLA V. BARCENA 46 SCRA 577 FACTS: On March 31, 1975 Fortunata Barcena, mother of minors Rosalio Bonillaand Salvacion Bonilla and wife of Ponciano Bonilla, instituted a civil action in the CFI of Abra, to quiet title over certain parcels of land located in Abra. The defendants filed a motion to dismiss the complaint on the ground that Fortunata Barcena is dead and, therefore, has no legal capacity to sue. In the hearing for the motion to dismiss, counsel for the plaintiff confirmed the death of Fortunata Barcena, and asked for substitution by her minor children and her husband; but the court after the hearing immediately dismissed the case on the ground that a dead person cannot be a real party in interest and has no legal personality to sue. ISSUE: W/N the CFI erred in dismissing the complaint. HELD: While it is true that a person who is dead cannot sue in court, yet ...
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