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Jurisprudence Civil Law

Can a teacher be terminated from employment for marrying her student?

TEACHER – STUDENT RELATIONSHIP An exceptional landmark case wherein the Supreme Court ruled in favor of love. A 30-year-old teacher married her 16-year-old student when marriage between minors was still legal. As a result, the teacher was terminated from employment “for abusive and unethical conduct unbecoming of a dignified school teacher.”  While it is true […]

Categories
Jurisprudence Civil Law

Whether or not abandonment leads to nullity of marriage

This case is whether or not abandonment by a spouse, by itself, warrants a finding of psychological incapacity within the contemplation of the Family Code, that leads to nullity of marriage.  The court ruled in the negative. “It must be shown that such abandonment is a manifestation of a disordered personality which makes the spouse […]

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Civil Law Jurisprudence

Psychological Incapacity as a Ground for Void Marriage

This case was originally commenced by a distraught wife against her uncaring husband, which decreed the annulment of the marriage on the ground of psychological incapacity. Refusal of husband to have sex was interpreted to be psychological incapacity. A man who can but won’t is psychologically incapacitated.  “Love is useless unless it is shared with […]

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Civil Law Jurisprudence

Gender Classification

Where the person is biologically or naturally intersex the determining factor in his gender classification would be what the intersexed person, having reached the age of majority, with good reason thinks of his/her sex. Here, respondent thinks of himself as a male and considering that his body produces high levels of male hormones (androgen), there […]