Persons and Family Relations

  LILIA OLIVA WIEGEL, petitioner, vs. THE HONORABLE ALICIA V. SEMPIO-DIY (as presiding judge of the Juvenile and Domestic Relations Court of Caloocan City) and KARL HEINZ WIEGEL, respondents. G.R. No. L-53703 August 19, 1986 PARAS, J.: Facts:           This a petition for certiorari for the declaration of nullity of marriage of the petitioner, Lilia Wiegel and respondent, Karl Heinz Wiegel, by the Juvenile and Domestic Relations Court of Caloocan City.           Herein respondent claims that his marriage to the petitioner is void because of an existing marriage prior to their marriage. The petitioner contends that her first marriage was void because they forced to enter in the said marriage. Moreover, the petitioner assails that her first husband had a prior existing marriage, therefore, making the marriage void.           Respondent jud...

  Article 39           The action or defense for the declaration of absolute nullity of marriage shall not prescribe. (as amended by R.A. No. 8533).

    RESTITUTO M. ALCANTARA, Petitioner, vs. ROSITA A. ALCANTARA and HON. COURT OF APPEALS, Respondents. G.R. No. 167746, August 28, 2007 Facts:           Before this Court is a Petition for Review on Certiorari filed by petitioner Restituto Alcantara assailing the Decision1 of the Court of Appeals dated 30 September 2004 in CA-G.R. CV No. 66724 denying petitioner’s appeal and affirming the decision2 of the Regional Trial Court (RTC) of Makati City, Branch 143, in Civil Case No. 97-1325 dated 14 February 2000, dismissing his petition for annulment of marriage.           On December 8, 1982, he and respondent went to the city hall of Manila for the purpose of looking for someone to marry them. A fixer approached them and offered someone to marry them for a price, even without a marriage license. The petitioner and respondent agreed and they were married. The marriage license that...

  Article 17 The local civil registrar shall prepare a notice which shall contain the full names and residences of the applicants for a marriage license and other data given in the applications. The notice shall be posted for ten consecutive days on a bulletin board outside the office of the local civil registrar located in a conspicuous place within the building and accessible to the general public. This notice shall request all persons having knowledge of any impediment to the marriage to advise the local civil registrar thereof. The marriage license shall be issued after the completion of the period of publication.

  IRENEO G. GERONIMO, petitioner, vs. COURT OF APPEALS and ANTONIO ESMAN, respondents. G.R. No. 105540 July 5, 1993 Facts:                This is an appeal by certiorari under Rule 45 of the Rules of Court from the decision of the Court of Appeals in CA-G.R. CV No. 338501 which affirmed the judgment of the Regional Trial Court, Branch 68, Pasig, Metro Manila in Special Proceeding No. 10036 declaring valid the marriage between Graciana Geronimo and Antonio A. Esman and appointing the latter as the administrator of the estate of the deceased Graciana Geronimo.                It is undisputed that the decedent died on June 2, 1987 without a will leaving no descendants nor ascendants. She was survived by her two brothers Tomas and Ireneo, her nephew Salvador and her husband-oppositor Antonio A. Esman. However, the husband's capacity to inher...

      Article 16. In cases where parental consent and parental advise is needed, the party or parties concerned shall, in addition to the requirements of the preceding articles, attach a certificate issued by a priest, imam or minister authorized to solemnize marriage under article 7 of this code or a marriage counselor duly accredited by the proper government agency to the effect that  the contracting parties have undergone marriage counseling. Failure to attach said certificate of marriage counseling shall suspend the issuance of the marriage license for a period of three months from the completion of the publication of the application. Issuance of the marriage license within the prohibited period shall subject the issuing officer to administrative sanctions but shall not effect the validity of the marriage.      Should only one of the contracting parties need parental consent or parental advice, the other party must be present at the counselin...