Temere Animus

MIRASOL CASTILLO, Petitioner  vs.  REPUBLIC OF THE PHILIPPINES and FELIPE IMPAS, Respondents Division : SECOND DIVISION Docket Number : G.R. No. 214064 Ponente : PERALTA Dispositive Portion : WHEREFORE, we DENY the petition for review on certiorari filed by herein petitioner Mirasol Castillo. Accordingly, we AFFIRM the assailed Decision and Resolution, dated March 10, 2014 and August 28, 2014, respectively, of the Court of Appeals. Notes. The Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages as contained in A.M. No. 02-11-10-SC, which the Court promulgated on 15 March 2003, extends only to those marriages entered into during the effectivity of the Family Code which took effect on August 3, 1988. (Bolos vs. Bolos, 634 SCRA 429 [2010])  The initial common consensus on psychological incapacity under Article 36 of the Family Code was that it did not involve a species of vice of consent. (Agraviador vs. Amparo-Agraviador, 637 ...

Citation: 739 SCRA 735 Contracts serve as binding agreements between parties, outlining rights, obligations, and conditions . The Supreme Court has established key doctrines governing contract interpretation, ensuring clarity, fairness, and adherence to legal standards . Definition and Legal Requisites of a Contract 📌 Definition ✔ A contract is a meeting of minds between two persons where one binds himself to give something or render a service (Article 1305, New Civil Code). 📌 Essential Requisites (Article 1318, New Civil Code) ✔ Consent – Agreement between contracting parties. ✔ Object Certain – Clear subject matter of the contract. ✔ Cause – The obligation that creates rights between the parties. Stages in Contract Formation Contracts pass through three distinct phases : 📌 Preparation (Negotiation Phase) ✔ Parties express interest and negotiate terms , culminating in an agreement. 📌 Perfection (Birth of the Contract) ✔ When parties agree upon all essential...

When is a man a man and when is a woman a woman?  In particular, does the law recognize the changes made by a physician using scalpel, drugs and counseling with regard to a person’s sex?  May a person successfully petition for a change of name and sex appearing in the birth certificate to reflect the result of a sex reassignment surgery?  Silverio vs. Republic, 537 SCRA 373, G.R. No. 174689 October 19, 2007 G.R. No. 174689. October 19, 2007. ROMMEL JACINTO DANTES SILVERIO, petitioner, vs. REPUBLIC OF THE PHILIPPINES, respondent.  Ponente :  CORONA, J.: Topics :  Change of Name, Clerical Error Law (RA 9048), Sex Change, Statutory Construction, Status, Civil Register Law (Act 3753), Marriage, Separation of Powers, Judicial Legislation Doctrines:      The State has an interest in the names borne by individuals and entities for purposes of identification; A change of name is a privilege, not a right.      RA 9048 now governs the ...

G.R. No. 161003. May 6, 2005 458 SCRA 184 FELIPE O. MAGBANUA , CARLOS DE LA CRUZ, REMY ARNAIZ, BILLY ARNAIZ, ROLLY ARNAIZ, DOMINGO SALARDA, JULIO CAHILIG and NICANOR LABUEN, petitioners, vs. RIZALINO UY, respondent. Ponente :  PANGANIBAN, J.:  Rights may be waived through a compromise agreement, notwithstanding a final judgment that has already settled the rights of the contracting parties. To be binding, the compromise must be shown to have been voluntarily, freely and intelligently executed by the parties, who had full knowledge of the judgment. Furthermore, it must not be contrary to law, morals, good customs and public policy.  Doctrines: A compromise agreement is a contract whereby the parties make reciprocal concessions in order to resolve their differences and thus avoid or put an end to a lawsuit; A compromise may be either extrajudicial or judicial; To have the force of law between the parties, it must comply with the requisites and principles of contracts....

  ART. 2, NCC; EFFECTIVITY OF LAWS;   General Rule: ·         Laws shall take effect   after 15 days ·         following the completion of their publication either in the o    in the Official Gazette, or o   in a newspaper of general circulation in the Philippines,  Exception: ·      unless it is otherwise provided. (Solely refers to the 15-day period and not to the req. of publication.   Publication under EO 292 (Administrative Code) Sec. 18. When Laws Take Effect. [ [1] ] Laws shall take effect after fifteen (15) days following the completion of their publication in the Official Gazette or in a newspaper of general circulation, unless it is otherwise provided.   Sec. 24.  Contents. [ [2] ] There shall be published in the Official Gazette all legislative acts and resolutions of a public nature; all executive and admin...