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EFFECT TO THE SUBSEQUENT MARRIAGE OF THE REAPPEARANCE OF AN ABSENT SPOUSEIf the absentee reappears, but no step is taken to terminate the subsequent marriage, either by affidavit or by court action, such absentees mere reappearance, even if made known to the spouses in the subsequent marriage, will not terminatesuch marriage. Since the second marriage has been contracted because of a presumption that the former spouse is dead, such presumption continues inspite of thespouses physical reappearance, and by fiction of law, he or she must still be regarded as legally an absentee until the subsequent marriage is terminated as provided by law. ~SSS vs. TERESITA JARQUE VDA. DE BAILON (2006)

PROOF OF FILIATION - AUTOBIOGRAPHYArticle 176 of the Family Code, as amended, does not, indeed, explicitly state that the private handwritten instrument acknowledging the childs paternity must besigned by the putative father. This provision must, however, be read in conjunction with related provisions of the Family Code which require that recognition by the father must bear his signature. ~JENIE SAN JUAN DELA CRUZ, et al. vs. RONALD PAUL S. GARCIA (2009)

PSYCHOLOGICAL INCAPACITYThe term "psychological incapacity" to be a ground for the nullity of marriage under Article 36 of the Family Code, refers to a serious psychological illness afflicting a party even before the celebration of the marriage. It is a malady sograve and so permanent as to deprive one of the awareness of the duties and resp

onsibilities of the matrimonial bond one is about to assume.~RP vs. LAILA TANYAG-SAN JOSE and MANOLITO SAN JOSE (2007)

USE OF FATHER'S SURNAMEUbi jus, ibi remedium. When there is a right, there is a remedy. Conversely, ifthere is no right, there is no remedy as every remedial right is based on a substantive right. Article 176 of the Family Code provides that ?an illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. The rule applies even if petitioners father admits paternity.?The Court declared in Mossesgeld the Family Code has effectively repealed the provisions of Article 366 of the Civil Code of the Philippines giving a natural ch

ild acknowledged by both parents the right to use the surname of the father. ~ANN BRIGITT LEONARDO, et al. vs. CA

MS - CPGThe presumption under Article 116 of the Family Code that properties acquired during the marriage are presumed to be conjugal cannot apply in the instant case.Before such presumption can apply, it must first be established that the property was in fact acquired during the marriage. In other words, proof of acquisitionduring the marriage is a condition sine qua non for the operation of the presumption in favor of conjugal ownership. No such proof was offered nor presented inthe case at bar. ~METROPOLITAN BANK AND TRUST COMPANY, et al. vs. JOSE B. TAN,et al. (2006)

PSYCHOLOGICAL INCAPACITYArticle 36 must be read in conjunction with the other articles in the Family Code, specifically Articles 35, 37, 38, and 41 which provide different grounds to render a marriage void ab initio, as well as Article 45 which dwell on voidable marriages, and Article 55 on legal separation. As all people may have certain quirks and idiosyncrasies, or isolated characteristics associated with certain personality disorders, there is hardly a doubt that the intendment of the law has been to confine the meaning of "psychological incapacity" to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage. The root cause must be

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identified as a psychological illness, and its incapacitating nature must be fully explained the mere showing of "irreconcilable differences" and "conflictingpersonalities" does not constitute psychological incapacity nor does failure ofthe parties to meet their responsibilities and duties as married persons. It isessential that the parties to a marriage must be shown to be insensitive to or incapable of meeting their duties and responsibilities due to some psychological(not physical) illness, which insensitivity or incapacity should have been existing at the time of the celebration of the marriage even if it becomes manifest only after its solemnization.~RP vs. LYNNETTE CABANTUG-BAGUIO (2008)