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Legal opinion

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1 Legal opinion on Tue Aug 21, 2012 9:33 pm


Arresto Menor
hi po sa lahat assignment op namin ang gumawa ng legal opinin, kso im confused wla pong date ang judgment ng nullity ng marriage, they were marred in 1979, i dunno which law wll prevail, cvil or family code,

here is the situation given

Mr X was born as the third child of spouses A and B. He hsa four siblings: 2 male and 2 female. His parents own several properties, such as: 5 parcel of land in orio bataan:, 1 house and lot in tanay rizal, ad 2 parcel f land in mandaluyong.

sometime in 1987, Mr X met ms Z a lovely woman,. they had a short courtship and later decided to get married. Prior to the marriage Mr, X decided to put up a business producing different kinds of syrup, considering that hr knows how o mix chemicals, registering the same with SEC, in the certificate of registration issued by SEC, Ms X was named as registrant However there was arrangement between the two that Ms, Z will manage the business, while M X will handle the production aspect of the business.

MrX and Ms Z were married sometime in January 1979.Their marriage produced three offspring. However their marred life later turned sour as bickering and shouting became a common scene n their household. Thus a petition to declare as Absolute nullity was instituted by ms Z against Mr X, on the ground of psychological incapacity under art 36 f the 1987 family code. The petition was granted ,but with the finding that both are psychologically incapacitated;their communal property will be distributed t their common children; and ordering the liquidation of communal property be made later.

Mr X is now before you asking for a legal opinion, whether or not he has a right t partake of the communal property.

thanks po in advance

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