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Atty. Robert Divinagracia

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Tag: CIVIL LAW

A petition whose sole objective is to have a person declared presumptively dead under the Civil Code is not regarded as a valid suit and no court has any authority to take cognizance of the same.

Posted on June 4, 2020

On the allegations that her husband, Wilfredo, a member of the Philippine Constabulary since 1967, had been missing since 1979, and even the service record of Wilfredo indicated that he had been…

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A decree of absolute divorce procured abroad is different from annulment as defined by our family laws.

Posted on June 4, 2020

At the time of their marriage, Rhomel and Florie were both Filipino citizens.  When he divorced Florie in Hawaii in 2002, he was already an American citizen, thus, Florie herself filed her…

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In actions for declaration of nullity of marriage, the Court is bound to dispense justice not on the basis of its own determination on the existence of love or lack thereof, but on the basis of law and the evidence on record.

Posted on June 2, 2020

Is a spouse who considers money and material needs as the essence of marriage psychologically incapacitated to perform the essential marital obligations to warrant a declaration of nullity of marriage under Article…

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Posts pagination

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  • Podcast Episode: Criminal Law Decisions February 2026 Part 1.
  • Unsigned SC Resolution does not lay down a doctrine or principle of law…
  • Double Jeopardy:  In complex crimes, double jeopardy attaches when the first offense is a necessary means of committing the crime.
  • Gudelines that must be considered in cases concerning inordinate delay and the right to speedy disposition of cases:
  • Malversation: Direct Proof of Personal Conversion Is Not Indispensable…
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ADMINISTRATIVE LAW APPEAL ART. 36 FAMILY CODE BILL OF RIGHTS BP 22 CERTIORARI CIRCUMSTANTIAL EVIDENCE CIVIL LAW CRIMINAL LAW CRIMINAL PROCEDURE CYBERCRIME DAMAGES DOCUMENTARY EVIDENCE ELEMENTS OF THE CRIME ESTAFA EVIDENCE FAMILY CODE JURISDICTION LAW ON PUBLIC OFFICERS LIBEL MARRIAGE PENALTY POLITICAL LAW PRELIMINARY INVESTIGATION PRESCRIPTION PROBABLE CAUSE PROTECTION ORDERS PSYCHOLOGICAL INCAPACITY PSYCHOLOGICAL VIOLENCE QUALIFIED RAPE QUALIFIED THEFT RA 9165 RA 9208 RA 9262 RA 10175 RA 10591 RAPE RECKLESS IMPRUDENCE RECOGNITION OF FOREIGN DIVORCE JUDGMENT REMEDIAL LAW RULE 108 SERVICE OF SUMMONS SPECIAL PENAL LAWS STATUTORY RAPE VENUE

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