SSS vs Teresita Jarque vda de Bailon

20 11 2010


Article 41-42

 

In 1955 Clemente Bailon and Alice Diaz married in Barcelona, Sorsogon. 15+ years later, Clemente filed an action to declare the presumptive death of Alice she being an absentee. The petition was granted in 1970. In 1983, Clemente married Jarque. The two live together untile Clemente’s death in 1998. Jarque then sought to claim her husband’s SSS benefits and the same were granted her.

READ THE REST OF THE DIGEST HERE





Ofelia Ty vs CA and Edgardo Reyes

20 11 2010


Article 40 – Exception to the Rule

 

In 1977, Reyes married Anna Maria Villanueva in a civil ceremony. They had a church wedding in the same year as well. In 1980, the Juvenile and Domestic Relations Court of QC declared their marriage as null and void; the civil one for lack of marriage license and the subsequent church wedding due to the lack of consent of the parties.

READ THE REST OF THE DIGEST HERE





Cariño vs Cariño

20 11 2010


Article 40

In 1969 SPO4 Santiago Carino married Susan Nicdao Carino. He had 2 children with her. In 1992, SPO4 contracted a second marriage, this time with Susan Yee Carino. In 1988, prior to his second marriage, SPO4 is already bedridden and he was under the care of Yee. In 1992, he died 13 days after his marriage with Yee. Thereafter, the spouses went on to claim the benefits of SPO4.

READ THE REST OF THE DIGEST HERE





Meynardo Beltran vs People and Judge Tuazon

19 11 2010

 

Article 40

 

In 1973, Beltran and Charmaine Felix married each other. They’ve had 4 children since then but after 24 years of marriage Beltran filed an action for the declaration of the nullity of their marriage due to Felix’s PI. Felix countered that Beltran left the conjugal home to cohabit with a certain Milagros and that she filed a case of concubinage against Beltran.

READ THE REST OF THE DIGEST HERE





Republic vs Jose Dayot

19 11 2010


Article 39 – Prescription

 

Jose was introduced to Felisa in 1986.  He later came to live as a boarder in Felisa’s house, the latter being his landlady.  Later, Felisa requested him to accompany her to the Pasay City Hall, so she could claim a package sent to her by her brother from Saudi.  At the PSH, upon a pre-arranged signal from Felisa, a man bearing three folded pieces of paper approached them.  They were told that Jose needed to sign the papers so that the package could be released to Felisa.

READ THE REST OF THE DIGEST HERE





People vs Alejandro Mandap

19 11 2010

 

Article 37- Incest

 

At 18, Marian Mandap was already a mother of two – three year old Fernand and five-month old Minerva. The father of Fernand is April Dimaliwat whom Marian could not marry because of her father’s objection. But Minerva’s father happens to be the father also of Marian.

READ THE REST OF THE CASE HERE





Nilda Navales vs Reynaldo Navales

19 11 2010


Article 36: Psychological Incapacity

 

In 1986, Nilda and Reynaldo met in a local bar where Nilda was a waitress. Because of his fear that Nilda may be wed to an American, Reynaldo proposed to Nilda and they got married in 1988. Reynaldo is aware that Nilda has  an illegitimate child out of wedlock. The 1st year of their marriage went well until Nilda began to work when she neglected some of her duties as a wife.

READ THE REST OF THE DIGEST HERE








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