Scribd Logo
Upload

Welcome to Scribd!

  • 19 views

    Nullity of Marriage

    Uploaded by

    manzzzzz
    The petitioner filed for nullity of marriage under Article 36 citing psychological incapacity. The trial court ruled that a decree of nullity shall only be issued upon compliance with Articles 50 and 51, which govern legal separation. Upon petitioner's motion, the trial court modified its ruling to state that a decree shall only be issued after liquidation, partition, and distribution of properties under Article 147. The Supreme Court held that the trial court erred, as in a void marriage, properties are governed by Article 147 or 148 and do not need to be liquidated in the same nullity proceeding, as partition can be by agreement or separate judicial proceedings.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd

    Nullity of Marriage

    Uploaded by

    manzzzzz
    19 views1 page
    The petitioner filed for nullity of marriage under Article 36 citing psychological incapacity. The trial court ruled that a decree of nullity shall only be issued upon compliance with Articles 50 and 51, which govern legal separation. Upon petitioner's motion, the trial court modified its ruling to state that a decree shall only be issued after liquidation, partition, and distribution of properties under Article 147. The Supreme Court held that the trial court erred, as in a void marriage, properties are governed by Article 147 or 148 and do not need to be liquidated in the same nullity proceeding, as partition can be by agreement or separate judicial proceedings.

    Original Title

    Diño v

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The petitioner filed for nullity of marriage under Article 36 citing psychological incapacity. The trial court ruled that a decree of nullity shall only be issued upon compliance with Articles 50 and 51, which govern legal separation. Upon petitioner's motion, the trial court modified its ruling to state that a decree shall only be issued after liquidation, partition, and distribution of properties under Article 147. The Supreme Court held that the trial court erred, as in a void marriage, properties are governed by Article 147 or 148 and do not need to be liquidated in the same nullity proceeding, as partition can be by agreement or separate judicial proceedings.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    19 views1 page

    Nullity of Marriage

    Uploaded by

    manzzzzz
    The petitioner filed for nullity of marriage under Article 36 citing psychological incapacity. The trial court ruled that a decree of nullity shall only be issued upon compliance with Articles 50 and 51, which govern legal separation. Upon petitioner's motion, the trial court modified its ruling to state that a decree shall only be issued after liquidation, partition, and distribution of properties under Article 147. The Supreme Court held that the trial court erred, as in a void marriage, properties are governed by Article 147 or 148 and do not need to be liquidated in the same nullity proceeding, as partition can be by agreement or separate judicial proceedings.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 1

    Dio v. Dio; 640 SCRA 148; G.R. No.

    178044; January 19, 2011 *Note: This case digest mainly covers Article 147 of the Family Code. Topic: Article 147 of Family Code On May 30, 2011, petitioner Alain M. Dio filed an action for Declaration of Nullity of Marriage against respondent Ma. Caridad L. Dio, citing Psychological Incpacity under Article 36 of the Family Code. The Office of Las Pias prosecutor, upon finding no indicative facts of collusion, set the case for trial. The Trial Court declared on its October 18, 2006 decision on the dissolution of Absolute Community Property and ruled that a DECREE OF ABSOLUTE NULLITY OF MARRIAGE shall only be issued upon compliance with Articles 50 and 51 of the Family Code. Petitioner filed for a motion for partial reconsideration questioning the Dissolution of the Absolute Community Property and the ruling that a decree of annulment shall only be issued upon compliance with Art. 50 and 51 The Trial Court partially granted the motion and modified its October 18, 2006 decision stating that a DECREE OF ABSOLUTE NULLITY OF MARRIAGE shall only be issued after the liquidation, partition and distribution of properties under Article 147 of the Family Code. Issue: WON the Trial court erred when it ordered that a DECREE OF ABSOLUTE NULLITY OF MARRIAGE shall only be issued after the liquidation, partition and distribution of properties under Article 147 of the Family Code. Held: YES In a void marriage, regardless of its cause, the property relations of the parties during the period of cohabitation is governed either by Article 147 or Article 148 of the Family Code. The rules on co-ownership apply and the properties of the spoused should be liquidated in accordance with the Civil Code provisions on co-ownership. Under Article 496 of the New Civil Code, partition may be made by agreement between the parties or by judicial proceedings xxx. It is not necessary to liquidate the properties of the spouses in the same proceeding of nullity of marriage.

    You might also like

    pFad - Phonifier reborn

    Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

    Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


    Alternative Proxies:

    Alternative Proxy

    pFad Proxy

    pFad v3 Proxy

    pFad v4 Proxy