Results 71 to 74 of 74
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April 7th, 2007 10:27 AM #71
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April 7th, 2007 12:18 PM #72
Your assumption is correct. When we say "spouse" we are presuming that he/she is legally married to an opposite *** provided that they followed the essential and formal requisites of the same as defined in the Family Code. Furthermore, their marital union should not suffer any legal infirmities such as bigamous or polygamous marriage, any party who is not capacitated to marry, if the solemnizing officer has no authority, etc..
Furthermore, jurisprudence or Supreme Court decisions explained to us that all marriages are presumed valid unless there is a judicial declaration of nullity of the same.
I dont want my post to be long but hereunder are the articles indicated in our Family Code which provides several legal definitions of marriage and among others:
1. Article 1 - legal definition of marriage
2. Article 2 and 3 - essential and formal requisites in order for marriage to be valid
3. Article 35 - void marriages
4. Article 45 - voidable marriages (annulment)
5. Article 55 - legal separation
Sorry if I cant provide you a link ayaw gumana nung site. Anyway if you find the time visit www.lawphil.net or www.supremecourt.gov.ph for any pertinent jurisprudence relevant thereto.
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April 7th, 2007 12:54 PM #73
Actually, it's my bad. For some reason, The way it read there, I kept thinking spouses referred to wife and mistress instead of husband and wife......
Never mind. But, thanks anyway.
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April 7th, 2007 02:38 PM #74
But are you willing to take all that risk and defend your right thru a tedious process in court especially philippine courts? We all know that the wheels of justice in our country is exceedingly slow. A good example would be Philippine Airlines vs. Court of Appeals (G.R. No. 119706, March 14, 1996). It is just a simple case by a shipper who filed charges against its carrier PAL for a broken oven worth P30,000.00. PAL denied liability. It took 6 years before the Supreme Court decided with finality over a simple case like this. Well I believe PAL filed another motion for reconsideration to prolong the case even more.
Kaya mag *** nalang kayo sa bahay o kaya sa motel para iwas sa gulo
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