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
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