I will grant partial reconsideration. If the marriage is declared void under Article 36, the provisions of the Family Code on liquidation…
2014 Bar Exam · Civil Law · Question 2 · Essay
The question
I will grant partial reconsideration. If the marriage is declared void under Article 36, the provisions of the Family Code on liquidation, partition, and distribution of the properties on absolute community or conjugal partnership will not apply but rather Article 147 or Article 148 depending on the presence or absence of a legal impediment between them. In Dino v. Dino,1 the SC ruled that Art. 50 of the Family Code and Section 19 of the Rules on Declaration of Nullity applies only to marriages which are declared void ab initio or annulled by final judgment under Articles 40 and 45 of the Family. In short, Art. 50 of the Family Code does not apply to marriages which are declared void ab initio under Art. 36 of the FC which should be declared void without waiting for the liquidation of the properties of the parties. VII. Due to the continuous heavy rainfall, the major streets in Manila became flooded. This compelled Cris to check-in at Square One Hotel. As soon as Crisgot off from his Toyota Altis, the Hotel’s parking attendant got the key of his car and gave him a valet parking Alain Dino vs. Ma. Caridad Dino G.R. No. 178044, January 19, 2011 customer’s claim stub. The attendant parked his car at the basement of the hotel. Early in the morning, Cris was informed by the hotel manager that his car was carnapped.
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