Civil Cases

1) Psychological incapacity

Whether or not psychological incapacity can be used by Anne as a ground for

annulment

Art. 36. A marriage contracted by any party who, at the time of the celebration, was
psychologically incapacitated to comply with the essential marital obligations of
marriage, shall likewise be void even if such incapacity becomes manifest only after its
solemnization.

2) Legal separation

Whether or not there are grounds for legal separation applicable to Anne’s
situation

Art. 55. A petition for legal separation may be filed on any of the following grounds:

(1) Repeated physical violence or grossly abusive conduct directed against the
petitioner, a common child, or a child of the petitioner;

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(8) Sexual infidelity or perversion;

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3) Support

Whether or not Anne may demand support

Art. 194. Support comprises everything indispensable for sustenance, dwelling,

clothing, medical attendance, education and transportation, in keeping with the financial
capacity of the family.

The education of the person entitled to be supported referred to in the preceding

paragraph shall include his schooling or training for some profession, trade or vocation,
even beyond the age of majority. Transportation shall include expenses in going to and
from school, or to and from place of work. (290a)

Art. 195. Subject to the provisions of the succeeding articles, the following are obliged
to support each other to the whole extent set forth in the preceding article:

(1) The spouses;

(2) Legitimate ascendants and descendants;

(3) Parents and their legitimate children and the legitimate and illegitimate children of
the latter;

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4) Custody

Whether or not Anne will get custody over their child

Section 2. Petition for custody of minors; who may file.- A verified petition for the
rightful custody of a minor may be filed by any person claiming such right. The party
against whom it may be filed shall be designated as the respondent. (A.M. No. 03-04-
04-SC)

Section 3. Where to file petition. - The petition for custody of minors shall be filed with
the Family Court of the province or city where the petitioner resides or where the minor
may be found. (A.M. No. 03-04-04-SC)

Art. 63. The decree of legal separation shall have the following effects:

(3) The custody of the minor children shall be awarded to the innocent spouse, subject
to the provisions of Article 213 of this Code;

5) Separation of Property

Whether or not the properties of Anne and Pedro may be separated

Art. 134. In the absence of an express declaration in the marriage settlements, the
separation of property between spouses during the marriage shall not take place except
by judicial order. Such judicial separation of property may either be voluntary or for
sufficient cause. (190a)

Art. 135. Any of the following shall be considered sufficient cause for judicial separation
of property:

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(4) That the spouse of the petitioner has abandoned the latter or failed to comply with
his or her obligations to the family as provided for in Article 101;

Criminal cases:

1) RA 9262 (physical violence, psychological violence, economic abuse)

Whether or not a criminal case against Pedro for violation of RA 9262 will prosper
SECTION 5. Acts of Violence Against Women and Their Children.- The crime of
violence against women and their children is committed through any of the following
acts:

(a) Causing physical harm to the woman or her child;

(b) Threatening to cause the woman or her child physical harm;

(c) Attempting to cause the woman or her child physical harm;

(d) Placing the woman or her child in fear of imminent physical harm;

2) Concubinage

Whether or not a criminal case against Pedro for Concubinage

Article 334. Concubinage. - Any husband who shall keep a mistress in the conjugal
dwelling, or shall have sexual intercourse, under scandalous circumstances, with a
woman who is not his wife, or shall cohabit with her in any other place, shall be
punished by prision correccional in its minimum and medium periods.

The concubine shall suffer the penalty of destierro.