Law, Life, and Love

Article 45: A marriage may be annulled for any of the following causes, existing at the time of marriage. 1.) That the party on whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardians or person having substitute parental authority over the party, in that order,  unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife; 2.) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife; 3.) That the consent of either party was obtained by fraud , unless such party afterward, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife; 4.) That the consent of either party by force, intimidation or undue influence, unless the same having disappeared o...

Usury laws are regulations governing the amount of interest that can be charged on a loan. These specifically target the practice of charging excessively high rates on loans by deterring caps on the maximum amount of interest that can be levied. These laws are designed to protect customers. In the Philippines, these usury laws include  Act no. 2655 which provided a legal rate of six (6) percent per annum applicable for loan or forbearance of any money, goods or credits and in judgments.

Chapter 2. Marriages Exempted from License Requirement Art. 27. In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives. (72a)  Evita D Teope In a marriage in Articulo Mortis or at the point of death, a s provided in this Article, there is no need for  marriage license; but i f the party at the point of death survives, the marriage would still be valid. Art. 28. If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar, the marriage may be solemnized without necessity of a marriage license. (72a)   Evita D Teope Thus, there must be no legal impediment to marry one another. Art. 29. In the cases provided for in the two preceding articles, the solemnizing officer shall state in an affidav...

Article 11. Where a marriage license is required, each of the contracting parties shall file separately a sworn application for such license with the proper local civil registrar which shall specify the following: (1.) Full name of the contracting party; (2.) Place of birth; (3.) Age and date of birth; (4.) Civil status; (5.) If previously married, how, when and where the previous marriage was dissolved or annulled; (6.) Present residence and citizenship; (7.) Degree of relationship of the contracting parties; (8.) Full name, residence and citizenship of the father; 9.) Full name, residence and citizenship of the mother; and (10.) Full name, residence and citizenship of the guardian or person having charge, in case the contracting party has neither father nor mother and is under the age of twenty-one years. The applicants, their parents or guardians shall not be required to exhibit their residence certificates in any formality in connection with the ...

Civil Interdiction is  the state of deprivation by the court of a person’s right. It  deprives the offender during the time of his sentence of the rights  of :          a.) parental and/or marital authority;          b. )  guardianship to person or property;          c. )  the right to manage his property;        d. )  the right to dispose of such property by any act or conveyance (i.e. he cannot donate) inter  vivos .

Prodigality is t he state of squandering money or property with a morbid desire to prejudice the heirs of a person.

Proximate cause is that cause which in natural and continuous sequence, unbroken by an efficient intervening cause, produces the injury, and without which, the result would not have occurred. The proximate legal cause is that acting first and producing the injury, either immediately or by setting other events in motion, all constituting chain of events, each having a close causal connection with its immediate predecessor. There must be a relation of "cause and effect," the cause being the felonious act of the offender, the effect of being the resultant injuries and/or death of the victim. The "cause and effect" relationship is not altered or changed because of the pre-existing conditions, such as the pathological condition of the victim; the predisposition of the offended party; the physical condition of the offended party; or the concomitant or concurrent conditions, such as the negligence or fault of the doctors; or the conditions supervising the felon...

Article 50. For the exercise of civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of their habitual residence. The domicile of natural persons is the place of their habitual residence. There are two (2) elements of domicile: 1.The fact of residing or physical presence in a fixed place; 2. The intention to remain permanently or  animus manendi The husband and wife shall fix the family domicile and in case of disagreement, the court shall decide (Art. 69 Family Code). The Family Code abrogated the inequality between husband and wife where the husband, under the old law, fixes or dictates the domicile of the wife. It was gender-based discrimination and not rationally related to the objective of family solidarity.  But the court may exempt one spouse from living with the other if: 1. the latter should live abroad; 2. there are other compelling reasons for the exemption. T...

Article 39: The following circumstances, among others, modify or limit capacity to act:   age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality,  family relations, alienage, absence, insolvency, and trusteeship. A married woman, twenty-one years of age or over, is qualified for all civil acts of civil life, except in  cases specified by law. (As repealed by the Family Code and RA 6809, where the age of majority  now is 18 years.) This article  provides the restrictions or limitations but also those circumstances that modify the capacity to act  under the law. The consequences of the circumstances of these are governed in this Code, other codes, the Rules of Court, and in special laws. It also asserts that the capacity to act is not limited on account of religious belief or political opinion. Restrictions on the capacity to act: 1.Minority/Age: The a ge of majority is 18 years. (RA 6809). Therefore,  ...