Law School: Family Code of the Philippines List of Landmark Cases

[salbahis]

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cagandahan case
he has both s*x organs..

i think the legal term for that is Hermaphrodite, correct me if im wrong

[TristanE]

i think the legal term for that is Hermaphrodite, correct me if im wrong

intersex ang term nga gamit sa mga korte. at least sa mga jurisprudence akong nabasahan.

[TristanE]

Silverio vs. Republic, G.R. No.174689, 22 October 2007

"S ex reassignment surgery or S ex change does not make man into a woman".

[salbahis]

intersex ang term nga gamit sa mga korte. at least sa mga jurisprudence akong nabasahan.

hmmm... naa koy additional nakat-onan... "intersex"

[salbahis]

Silverio vs. Republic, G.R. No.174689, 22 October 2007

"S ex reassignment surgery or S ex change does not make man into a woman".

i remember naa toy na interview nga nag pa s3x reassignment nga interview sa ratedK nga sa iya daw passport kay female iya s3x..

[TristanE]

Silverio vs. Republic.

He then sought to have his name in his birth certificate changed from "Rommel Jacinto" to "Mely," and his s ex from "male" to "female."

RA 9048

SECTION 4.Grounds for Change of First Name or Nickname. — The petition for change of first name or nickname may be allowed in any of the following cases:

(1)The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or extremely difficult to write or pronounce;

(2)The new first name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by that first name or nickname in the community; or

(3)The change will avoid confusion.

The determination of a person's s ex appearing in his birth certificate is a legal issue and the court must look to the statutes. 21 In this connection, Article 412 of the Civil Code provides:

ART. 412.No entry in the civil register shall be changed or corrected without a judicial order.

Together with Article 376 of the Civil Code, this provision was amended by RA 9048 in so far as clerical or typographical errors are involved. The correction or change of such matters can now be made through administrative proceedings and without the need for a judicial order. In effect, RA 9048 removed from the ambit of Rule 108 of the Rules of Court the correction of such errors. 22 Rule 108 now applies only to substantial changes and corrections in entries in the civil register. 23

Section 2 (c) of RA 9048 defines what a "clerical or typographical error" is:

SECTION 2. Definition of Terms. — As used in this Act, the following terms shall mean:

xxx xxx xxx

(3)"Clerical or typographical error" refers to a mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous, such as misspelled name or misspelled place of birth or the like, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records: Provided, however, That no correction must involve the change of nationality, age, status or s ex of the petitioner.

...But there is no such special law in the Philippines governing *** reassignment and its effects. This is fatal to petitioner's cause.

[TristanE]

For now mao rani akong mahinumdoman nga landmark case sa FC/CC:

Republic vs. Obrecido, GR No.154380, 5 October 2005

Given a valid marriage between two Filipino citizens, where one party is later naturalized as a foreign citizen and obtains a valid divorce decree capacitating him or her to remarry, can the Filipino spouse likewise remarry under Philippine law?

Before us is a case of first impression that behooves the Court to make a definite ruling on this apparently novel question, presented as a pure question of law.


Republic vs. Molina, 268 SCRA 198

Not really a landmark case but its from this case that the Supreme Court established the guidelines in the interpretation and application of Article 36
of the Family Code which is about psychologial incapacity, one of the (most abused) grounds for the nullity of marriage.

[nodols3]

For now mao rani akong mahinumdoman nga landmark case sa FC/CC:

Republic vs. Obrecido, GR No.154380, 5 October 2005

Given a valid marriage between two Filipino citizens, where one party is later naturalized as a foreign citizen and obtains a valid divorce decree capacitating him or her to remarry, can the Filipino spouse likewise remarry under Philippine law?

Before us is a case of first impression that behooves the Court to make a definite ruling on this apparently novel question, presented as a pure question of law.


Republic vs. Molina, 268 SCRA 198

Not really a landmark case but its from this case that the Supreme Court established the guidelines in the interpretation and application of Article 36
of the Family Code which is about psychologial incapacity, one of the (most abused) grounds for the nullity of marriage.

Yup, most abused I forgot the landmark case regarding Psychological Incapacity. I guess ang gisundan ani nga case however this case Republic v. Molina, is the most cited case when it comes to PIs.

Thanks for this.

[salbahis]

just a quick question kay so far nag libug kos mga essential marital obligations..

[TristanE]

just a quick question kay so far nag libug kos mga essential marital obligations..

Under Article 2 sa FC, there are two: (1) legal capacity and (2) consent freely given in the presence of the solemnizing officer.

Normally, legal capacity means that the parties must be at least eighteen years of age at the time of the marriage; one is a male and the other a female; and their relationship is not incestuous (Article 37) or void against public policy (Article 38 ), e.g., a marriage between a step-parent and a step-children.

But if one of the party has been previously married, then that party also has to obtain a judicial declaration of the nullity of his previous marriage (Article 40) before he can contract a subsequent marriage. Failure to do so will render the subsequent marriage void.