Family Code --- Sakto ni?

[oisilener1982]

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Murag luoy man ang asawa na gi biyaan sa Japanese

In Antonio vs. Reyes (G.R. No. 155800, 10 March 2006), the Supreme Court sustained the nullity of the marriage based on the psychological incapacity of the wife (respondent). As concluded by the psychiatrist, the wife’s repeated lying is abnormal and pathological, and amounts to psychological incapacity (for the “digest” or a more detailed discussion of the case, click here).

On the other hand, in Republic vs. Quintero-Hamano (G.R. No. 149498, 20 May 2004), the wife alleged that her husband, a Japanese, failed to meet his duty to live with, care for and support his family. He abandoned them a month after the marriage. The wife sent him several letters but he never replied. He made a trip to the Philippines but did not care at all to see his family. However, while the husband’s act of abandonment was doubtlessly irresponsible, it was never alleged nor proven to be due to some kind of psychological illness. Aside from the abandonment, no other evidence was presented showing that the husband’s behavior was caused by a psychological disorder. It’s not enough to prove that a spouse failed to meet his responsibility and duty as a married person; it is essential that he must be shown to be incapable of doing so due to some psychological, not physical, illness.

Although, as a rule, there was no need for an actual medical examination, it would have greatly helped the wife’s case had she presented evidence that medically or clinically identified his illness. This could have been done through an expert witness.

Guidelines in Psychological Incapacity (Article 36, Family Code) at Philippine e-Legal Forum

[yvonne6]

during a court case, its important that u hire a good lawyer because its your life at their hands, like doctors, although, physically you wont die, pero sakit kaau mapilde sa kaso. this is also the very reason why lawyers can cost you a fortune. mahal jud kaau ni sila esp kung de campanero ang lawyer. in court, dili lang pulos istorya or pasangil, show the court proofs, huyang ra kaau ang pasangil sa asawa kung wala niya ma probahi ang iyang claim. sad to say, murag bogo ang lawyer iyang nakuha

[oisilener1982]

Ang decision ani ang decision sa Supreme Court nga basehan pud sa mga Law Students

[necrotic freak]

naa pod japanese gibiyaan sa asawa nga pinay. luoy sad..

[seanryzel]

sa kaso man gud, you should stick to the elements, ang abandonement is not an element of Nullity of marriage, but if coupled w/ immaturity, incapability of performing the marital obligations, etc. due to psych incapacity that would work, ang counsel ang sayop ani, kabalo sya unsay elements sa ARt. 36, wa niya gi categorically allege....sakto ang SC ani...awe they're always right even if they're wrong hehe!! peace!

[seanryzel]

but naay hope pa ang wife ani...Generally there is no divorce in the Phils, but if a foreigner married a Filipino in the Phils, then goes back to his country and files divorce, and succeeded, and then in his country he is legally allowed to remarry, then that Divorce will be valid here in the Phils., making the Filipino spouse be freed from the bond of marriage, and also re marry under Phil. laws...basin mag minyo ang Japanese lain,og mag divorce niya, free na sya..wla pay gasto kaso..