Readings

Tanjanco  vs CA   18 SCRA 994   D ecember 17, 1996   D octrine: seduction is more than a mere sexual intercourse or a breach of promise of marriage, it connotes  e ssentially  the idea of  decei t , entrapment, superior power or abuse of confidence on the part of the seducer, to which the woman has yield. Seduction falls under art 21 of the new civil code.   F acts:   A polonio   Tanjanco  courted Araceli Santos both are of legal age.    Tanjanco  expressed his undying love and affection for Santos who in due time reciprocated the tender feelings. Santos consented and acceded to  Tanjanco's   pleas for carnal knowledge because off his promise to marriage. Santos then conceived a child as a consequence and to avoid  embarra ssment  and humiliation she had to resign her job as a secretary in IBM  Inc.,.  She was unable to support herself and the baby. She also suffer...

Republic vs Dayot G.R. No 175581 March 28, 2008 Facts: On November 1986, Jose and Felisa Dayot were married at Pasay City Hall without a marriage license but had an affidavit that they are at the age of maturity, unmarried and they lived together as husband and wife for at least 5 years. In 1990, Jose contracted another marriage with Rufina Pascual. In 1993, Felisa filed an action for bigamy against Jose. On the other hand, Jose filed a complaint for annulment and  declaration of nullity of marriage where he contended that his marriage with Felisa was a sham and his consent was secured through fraud. Jose and Felisa started living together in June of 1986. Issue: Whether or not the marriage is void because of falsity of the affidavit. Held: The exception of a marriage license applies only to those who have lived together as husband and wife for at least 5 years. Jose and Felisa were married without a marriage license and neither did they meet the 5 year requireme...

Carino vs Carino 351 SCRA 127 February 2, 2001 Doctrine: The absolute nullity of a previous marriage may be invoked for the purpose of remarriage on the basis solely of final judgment declaring such previous marriage void. Facts:  SPO4 Santiago Carino contracted 2 marriages, the first was on June 20, 1969 with petitioner Susan Nicdao Carinowith who he had 2 children and the second was on November 10,1992 with respondent Susan Yee Carino with whom he had no children. The respondent admitted that her marriage with the deceased took place during the subsistence of, and without first obtaining a judicial declaration of nullity of, the marriage between petitioner and the deceased. The respondent contended that the marriage of the deceased with Susan Nicdao was contracted without marriage license thus making it a void ab initio. In support thereof, respondent presented the marriage certificate of the deceased and the petitioner which bears no marriage license number and a cert...