G.R. No.

174689

October 22, 2007

On June 4, 2003, the trial court rendered a decision4 in favor of petitioner. Its relevant portions read: Petitioner filed the present petition not to evade any law or judgment or any infraction thereof or for any unlawful motive but solely for the purpose of making his birth records compatible with his present sex. The sole issue here is whether or not petitioner is entitled to the relief asked for. The [c]ourt rules in the affirmative. Firstly, the [c]ourt is of the opinion that granting the petition would be more in consonance with the principles of justice and equity. With his sexual [reassignment], petitioner, who has always felt, thought and acted like a woman, now possesses the physique of a female. Petitioners misfortune to be trapped in a mans body is not his own doing and should not be in any way taken against him. Likewise, the [c]ourt believes that no harm, injury [or] prejudice will be caused to anybody or the community in granting the petition. On the contrary, granting the petition would bring the much-awaited happiness on the part of the petitioner and her [fianc] and the realization of their dreams. Finally, no evidence was presented to show any cause or ground to deny the present petition despite due notice and publication thereof. Even the State, through the [OSG] has not seen fit to interpose any [o]pposition. WHEREFORE, judgment is hereby rendered GRANTING the petition and ordering the Civil Registrar of Manila to change the entries appearing in the Certificate of Birth of [p]etitioner, specifically for petitioners first name from "Rommel Jacinto" to MELY and petitioners gender from "Male" to FEMALE. 5 On August 18, 2003, the Republic of the Philippines (Republic), thru the OSG, filed a petition for certiorari in the Court of Appeals.6 It alleged that there is no law allowing the change of entries in the birth certificate by reason of sex alteration. On February 23, 2006, the Court of Appeals7 rendered a decision8 in favor of the Republic. It ruled that the trial courts decision lacked legal basis. There is no law allowing the change of either name or sex in the certificate of birth on the ground of sex reassignment through surgery. Thus, the Court of Appeals granted the Republics petition, set aside the decision of the trial court and ordered the dismissal of SP Case No. 02-105207. Petitioner moved for reconsideration but it was denied.9 Hence, this petition. Petitioner essentially claims that the change of his name and sex in his birth certificate is allowed under Articles 407 to 413 of the Civil Code, Rules 103 and 108 of the Rules of Court and RA 9048.10 The petition lacks merit. A Persons First Name Cannot Be Changed On the Ground of Sex Reassignment Petitioner invoked his sex reassignment as the ground for his petition for change of name and sex. As found by the trial court: Petitioner filed the present petition not to evade any law or judgment or any infraction thereof or for any unlawful motive but solely for the purpose of making his birth records compatible with his present sex. (emphasis supplied)

ROMMEL JACINTO DANTES SILVERIO, petitioner, vs. REPUBLIC OF THE PHILIPPINES, respondent. DECISION CORONA, J.: When God created man, He made him in the likeness of God; He created them male and female. (Genesis 5:1-2) Amihan gazed upon the bamboo reed planted by Bathala and she heard voices coming from inside the bamboo. "Oh North Wind! North Wind! Please let us out!," the voices said. She pecked the reed once, then twice. All of a sudden, the bamboo cracked and slit open. Out came two human beings; one was a male and the other was a female. Amihan named the man "Malakas" (Strong) and the woman "Maganda" (Beautiful). (The Legend of Malakas and Maganda) When is a man a man and when is a woman a woman? In particular, does the law recognize the changes made by a physician using scalpel, drugs and counseling with regard to a persons sex? May a person successfully petition for a change of name and sex appearing in the birth certificate to reflect the result of a sex reassignment surgery? On November 26, 2002, petitioner Rommel Jacinto Dantes Silverio filed a petition for the change of his first name and sex in his birth certificate in the Regional Trial Court of Manila, Branch 8. The petition, docketed as SP Case No. 02-105207, impleaded the civil registrar of Manila as respondent. Petitioner alleged in his petition that he was born in the City of Manila to the spouses Melecio Petines Silverio and Anita Aquino Dantes on April 4, 1962. His name was registered as "Rommel Jacinto Dantes Silverio" in his certificate of live birth (birth certificate). His sex was registered as "male." He further alleged that he is a male transsexual, that is, "anatomically male but feels, thinks and acts as a female" and that he had always identified himself with girls since childhood.1 Feeling trapped in a mans body, he consulted several doctors in the United States. He underwent psychological examination, hormone treatment and breast augmentation. His attempts to transform himself to a "woman" culminated on January 27, 2001 when he underwent sex reassignment surgery2 in Bangkok, Thailand. He was thereafter examined by Dr. Marcelino Reysio-Cruz, Jr., a plastic and reconstruction surgeon in the Philippines, who issued a medical certificate attesting that he (petitioner) had in fact undergone the procedure. From then on, petitioner lived as a female and was in fact engaged to be married. He then sought to have his name in his birth certificate changed from "Rommel Jacinto" to "Mely," and his sex from "male" to "female." An order setting the case for initial hearing was published in the Peoples Journal Tonight, a newspaper of general circulation in Metro Manila, for three consecutive weeks.3 Copies of the order were sent to the Office of the Solicitor General (OSG) and the civil registrar of Manila. On the scheduled initial hearing, jurisdictional requirements were established. No opposition to the petition was made. During trial, petitioner testified for himself. He also presented Dr. Reysio-Cruz, Jr. and his American fianc, Richard P. Edel, as witnesses.

Petitioner believes that after having acquired the physical features of a female, he became entitled to the civil registry changes sought. We disagree. The State has an interest in the names borne by individuals and entities for purposes of identification.11 A change of name is a privilege, not a right.12 Petitions for change of name are controlled by statutes.13 In this connection, Article 376 of the Civil Code provides: ART. 376. No person can change his name or surname without judicial authority. This Civil Code provision was amended by RA 9048 (Clerical Error Law). In particular, Section 1 of RA 9048 provides: SECTION 1. Authority to Correct Clerical or Typographical Error and Change of First Name or Nickname. No entry in a civil register shall be changed or corrected without a judicial order, except for clerical or typographical errors and change of first name or nickname which can be corrected or changed by the concerned city or municipal civil registrar or consul general in accordance with the provisions of this Act and its implementing rules and regulations. RA 9048 now governs the change of first name.14 It vests the power and authority to entertain petitions for change of first name to the city or municipal civil registrar or consul general concerned. Under the law, therefore, jurisdiction over applications for change of first name is now primarily lodged with the aforementioned administrative officers. The intent and effect of the law is to exclude the change of first name from the coverage of Rules 103 (Change of Name) and 108 (Cancellation or Correction of Entries in the Civil Registry) of the Rules of Court, until and unless an administrative petition for change of name is first filed and subsequently denied.15 It likewise lays down the corresponding venue,16 form17 and procedure. In sum, the remedy and the proceedings regulating change of first name are primarily administrative in nature, not judicial. RA 9048 likewise provides the grounds for which change of first name may be allowed: SECTION 4. Grounds for Change of First Name or Nickname. The petition for change of first name or nickname may be allowed in any of the following cases: (1) The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or extremely difficult to write or pronounce; (2) The new first name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by that first name or nickname in the community; or (3) The change will avoid confusion. Petitioners basis in praying for the change of his first name was his sex reassignment. He intended to make his first name compatible with the sex he thought he transformed himself into through surgery. However, a change of name does not alter ones legal capacity or civil status.18 RA 9048 does not sanction a change of first name on the ground of sex reassignment. Rather than avoiding confusion, changing petitioners first name for his declared purpose may only create grave complications in the civil registry and the public interest. Before a person can legally change his given name, he must present proper or reasonable cause or any compelling reason justifying such change.19 In addition, he must show that he will be prejudiced by the use of his true and official name.20 In this case, he failed to show, or even allege, any prejudice that he might suffer as a result of using his true and official name.

In sum, the petition in the trial court in so far as it prayed for the change of petitioners first name was not within that courts primary jurisdiction as the petition should have been filed with the local civil registrar concerned, assuming it could be legally done. It was an improper remedy because the proper remedy was administrative, that is, that provided under RA 9048. It was also filed in the wrong venue as the proper venue was in the Office of the Civil Registrar of Manila where his birth certificate is kept. More importantly, it had no merit since the use of his true and official name does not prejudice him at all. For all these reasons, the Court of Appeals correctly dismissed petitioners petition in so far as the change of his first name was concerned. No Law Allows The Change of Entry In The Birth Certificate As To Sex On the Ground of Sex Reassignment The determination of a persons sex appearing in his birth certificate is a legal issue and the court must look to the statutes.21 In this connection, Article 412 of the Civil Code provides: ART. 412. No entry in the civil register shall be changed or corrected without a judicial order. Together with Article 376 of the Civil Code, this provision was amended by RA 9048 in so far as clerical or typographical errors are involved. The correction or change of such matters can now be made through administrative proceedings and without the need for a judicial order. In effect, RA 9048 removed from the ambit of Rule 108 of the Rules of Court the correction of such errors.22 Rule 108 now applies only to substantial changes and corrections in entries in the civil register.23 Section 2(c) of RA 9048 defines what a "clerical or typographical error" is: SECTION 2. Definition of Terms. As used in this Act, the following terms shall mean: xxx xxx xxx

(3) "Clerical or typographical error" refers to a mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous, such as misspelled name or misspelled place of birth or the like, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records: Provided, however, That no correction must involve the change of nationality, age, status or sex of the petitioner. (emphasis supplied) Under RA 9048, a correction in the civil registry involving the change of sex is not a mere clerical or typographical error. It is a substantial change for which the applicable procedure is Rule 108 of the Rules of Court. The entries envisaged in Article 412 of the Civil Code and correctable under Rule 108 of the Rules of Court are those provided in Articles 407 and 408 of the Civil Code:24 ART. 407. Acts, events and judicial decrees concerning the civil status of persons shall be recorded in the civil register. ART. 408. The following shall be entered in the civil register: (1) Births; (2) marriages; (3) deaths; (4) legal separations; (5) annulments of marriage; (6) judgments declaring marriages void from the beginning; (7) legitimations; (8) adoptions; (9) acknowledgments of

natural children; (10) naturalization; (11) loss, or (12) recovery of citizenship; (13) civil interdiction; (14) judicial determination of filiation; (15) voluntary emancipation of a minor; and (16) changes of name. The acts, events or factual errors contemplated under Article 407 of the Civil Code include even those that occur after birth.25 However, no reasonable interpretation of the provision can justify the conclusion that it covers the correction on the ground of sex reassignment. To correct simply means "to make or set aright; to remove the faults or error from" while to change means "to replace something with something else of the same kind or with something that serves as a substitute."26 The birth certificate of petitioner contained no error. All entries therein, including those corresponding to his first name and sex, were all correct. No correction is necessary. Article 407 of the Civil Code authorizes the entry in the civil registry of certain acts (such as legitimations, acknowledgments of illegitimate children and naturalization), events (such as births, marriages, naturalization and deaths) and judicial decrees (such as legal separations, annulments of marriage, declarations of nullity of marriages, adoptions, naturalization, loss or recovery of citizenship, civil interdiction, judicial determination of filiation and changes of name). These acts, events and judicial decrees produce legal consequences that touch upon the legal capacity, status and nationality of a person. Their effects are expressly sanctioned by the laws. In contrast, sex reassignment is not among those acts or events mentioned in Article 407. Neither is it recognized nor even mentioned by any law, expressly or impliedly. "Status" refers to the circumstances affecting the legal situation (that is, the sum total of capacities and incapacities) of a person in view of his age, nationality and his family membership.27 The status of a person in law includes all his personal qualities and relations, more or less permanent in nature, not ordinarily terminable at his own will, such as his being legitimate or illegitimate, or his being married or not. The comprehensive term status include such matters as the beginning and end of legal personality, capacity to have rights in general, family relations, and its various aspects, such as birth, legitimation, adoption, emancipation, marriage, divorce, and sometimes even succession.28 (emphasis supplied) A persons sex is an essential factor in marriage and family relations. It is a part of a persons legal capacity and civil status. In this connection, Article 413 of the Civil Code provides: ART. 413. All other matters pertaining to the registration of civil status shall be governed by special laws. But there is no such special law in the Philippines governing sex reassignment and its effects. This is fatal to petitioners cause. Moreover, Section 5 of Act 3753 (the Civil Register Law) provides: SEC. 5. Registration and certification of births. The declaration of the physician or midwife in attendance at the birth or, in default thereof, the declaration of either parent of the newborn child, shall be sufficient for the registration of a birth in the civil register. Such declaration shall be exempt from documentary stamp tax and shall be sent to the local civil registrar not later than thirty days after the birth, by the physician or midwife in attendance at the birth or by either parent of the newborn child.

In such declaration, the person above mentioned shall certify to the following facts: (a) date and hour of birth; (b) sex and nationality of infant; (c) names, citizenship and religion of parents or, in case the father is not known, of the mother alone; (d) civil status of parents; (e) place where the infant was born; and (f) such other data as may be required in the regulations to be issued. xxx xxx xxx (emphasis supplied)

Under the Civil Register Law, a birth certificate is a historical record of the facts as they existed at the time of birth.29 Thus, the sex of a person is determined at birth, visually done by the birth attendant (the physician or midwife) by examining the genitals of the infant. Considering that there is no law legally recognizing sex reassignment, the determination of a persons sex made at the time of his or her birth, if not attended by error,30 is immutable.31 When words are not defined in a statute they are to be given their common and ordinary meaning in the absence of a contrary legislative intent. The words "sex," "male" and "female" as used in the Civil Register Law and laws concerning the civil registry (and even all other laws) should therefore be understood in their common and ordinary usage, there being no legislative intent to the contrary. In this connection, sex is defined as "the sum of peculiarities of structure and function that distinguish a male from a female"32 or "the distinction between male and female."33 Female is "the sex that produces ova or bears young"34 and male is "the sex that has organs to produce spermatozoa for fertilizing ova."35 Thus, the words "male" and "female" in everyday understanding do not include persons who have undergone sex reassignment. Furthermore, "words that are employed in a statute which had at the time a well-known meaning are presumed to have been used in that sense unless the context compels to the contrary."36 Since the statutory language of the Civil Register Law was enacted in the early 1900s and remains unchanged, it cannot be argued that the term "sex" as used then is something alterable through surgery or something that allows a post-operative male-to-female transsexual to be included in the category "female." For these reasons, while petitioner may have succeeded in altering his body and appearance through the intervention of modern surgery, no law authorizes the change of entry as to sex in the civil registry for that reason. Thus, there is no legal basis for his petition for the correction or change of the entries in his birth certificate. Neither May Entries in the Birth Certificate As to First Name or Sex Be Changed on the Ground of Equity The trial court opined that its grant of the petition was in consonance with the principles of justice and equity. It believed that allowing the petition would cause no harm, injury or prejudice to anyone. This is wrong. The changes sought by petitioner will have serious and wideranging legal and public policy consequences. First, even the trial court itself found that the petition was but petitioners first step towards his eventual marriage to his male fianc. However, marriage, one of the most sacred social institutions, is a special contract of permanent union between a man and a woman.37 One of its essential requisites is the legal capacity of the contracting parties who must be a male and a female.38 To grant the changes sought by petitioner will substantially reconfigure and greatly alter the laws on marriage and family relations. It will allow the union of a man with another man who has undergone sex reassignment (a male-to-female post-operative transsexual). Second, there are various laws which apply particularly to women such as the provisions of the Labor Code on employment of women,39 certain felonies under the Revised Penal Code 40 and the presumption of survivorship in case of calamities under Rule 131 of the Rules of Court,41 among others. These laws underscore the public policy in relation to women which could be substantially affected if petitioners petition were to be granted.

It is true that Article 9 of the Civil Code mandates that "[n]o judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the law." However, it is not a license for courts to engage in judicial legislation. The duty of the courts is to apply or interpret the law, not to make or amend it. In our system of government, it is for the legislature, should it choose to do so, to determine what guidelines should govern the recognition of the effects of sex reassignment. The need for legislative guidelines becomes particularly important in this case where the claims asserted are statute-based. To reiterate, the statutes define who may file petitions for change of first name and for correction or change of entries in the civil registry, where they may be filed, what grounds may be invoked, what proof must be presented and what procedures shall be observed. If the legislature intends to confer on a person who has undergone sex reassignment the privilege to change his name and sex to conform with his reassigned sex, it has to enact legislation laying down the guidelines in turn governing the conferment of that privilege. It might be theoretically possible for this Court to write a protocol on when a person may be recognized as having successfully changed his sex. However, this Court has no authority to fashion a law on that matter, or on anything else. The Court cannot enact a law where no law exists. It can only apply or interpret the written word of its co-equal branch of government, Congress. Petitioner pleads that "[t]he unfortunates are also entitled to a life of happiness, contentment and [the] realization of their dreams." No argument about that. The Court recognizes that there are people whose preferences and orientation do not fit neatly into the commonly recognized parameters of social convention and that, at least for them, life is indeed an ordeal. However, the remedies petitioner seeks involve questions of public policy to be addressed solely by the legislature, not by the courts. WHEREFORE, the petition is hereby DENIED. Costs against petitioner. SO ORDERED.

G.R. No. 127263

April 12, 2000

FILIPINA Y. SY, petitioner, vs. THE HONORABLE COURT OF APPEALS, THE HONORABLE REGIONAL TRIAL COURT, SAN FERNANDO, PAMPANGA, BRANCH XLI, and FERNANDO SY, respondents. QUISUMBING, J.: For review is the decision1 dated May 21, 1996 of the Court of Appeals in CA-G.R. CV No. 44144, which affirmedthe decision2 of the Regional Trial Court of San Fernando, Pampanga, denying the petition3 for declaration of absolute nullity of marriage of the spouses Filipina Sy and Fernando Sy. Petitioner Filipina Y. Sy and private respondent Fernando Sy contracted marriage on November 15, 1973 at the Church of Our Lady of Lourdes in Quezon City. 4 Both were then 22 years old. Their union was blessed with two children, Frederick and Farrah Sheryll who were born on July 8, 1975 and February 14, 1978, respectively.5 The spouses first established their residence in Singalong, Manila, then in Apalit, Pampanga, and later at San Matias, Sto. Tomas, Pampanga. They operated a lumber and hardware business in Sto. Tomas, Pampanga.6 On September 15, 1983, Fernando left their conjugal dwelling. Since then, the spouses lived separately, and their two children were in the custody of their mother. However, their son Frederick transferred to his father's residence at Masangkay, Tondo, Manila on May 15, 1988, and from then on, lived with his father.7 On February 11, 1987, Filipina filed a petition for legal separation, docketed as Civil Case No. 7900 before the Regional Trial Court of San Fernando, Pampanga. Later, upon motion of petitioner, the action was later amended to a petition for separation of property on the grounds that her husband abandoned her without just cause; that they have been living separately for more than one year; and that they voluntarily entered into a Memorandum of Agreement dated September 29, 1983, containing the rules that would govern the dissolution of their conjugal partnership.8 Judgment was rendered dissolving their conjugal partnership of gains and approving a regime of separation of properties based on the Memorandum of Agreement executed by the spouses.9 The trial court also granted custody of the children to Filipina. 10 In May 1988, Filipina filed a criminal action for attempted parricide against her husband, docketed as Criminal Case No. 8868006, before the Regional Trial Court of Manila. Filipina testified that in the afternoon of May 15, 1988, she went to the dental clinic at Masangkay, Tondo, Manila, owned by her husband but operated by his mistress, to fetch her son and bring him to San Fernando, Pampanga. While she was talking to her son, the boy ignored her and continued playing with the family computer. Filipina got mad, took the computer away from her son, and started spanking him. At that instance, Fernando pulled Filipina away from their son, and punched her in the different parts of her body. Filipina also claimed that her husband started choking her when she fell on the floor, and released her only when he thought she was dead. Filipina suffered from hematoma and contusions on different parts of her body as a result of the blows inflicted by her husband, evidenced by a Medical Certificate issued by a certain Dr. James Ferraren. She said it was not the first time Fernando maltreated her. 11 The Regional Trial Court of Manila, however, in its decision 12 dated April 26, 1990, convicted Fernando only of the lesser crime of slight physical injuries, and sentenced him to 20 days imprisonment. Petitioner later filed a new action for legal separation against private respondent, docketed as Civil Case No. 8273, on the

following grounds: (1) repeated physical violence; (2) sexual infidelity; (3) attempt by respondent against her life; and (4) abandonment of her by her husband without justifiable cause for more than one year. The Regional Trial Court of San Fernando, Pampanga, in its decision 13 dated December 4, 1991, granted the petition on the grounds of repeated physical violence and sexual infidelity, and issued a decree of legal separation. It awarded custody of their daughter Farrah Sheryll to petitioner, and their son Frederick to respondent. On August 4, 1992, Filipina filed a petition 14 for the declaration of absolute nullity of her marriage to Fernando on the ground of psychological incapacity. She points out that the final judgment rendered by the Regional Trial Court in her favor, in her petitions for separation of property and legal separation, and Fernando's infliction of physical violence on her which led to the conviction of her husband for slight physical injuries are symptoms of psychological incapacity. She also cites as manifestations of her husband's psychological incapacity the following: (1) habitual alcoholism; (2) refusal to live with her without fault on her part, choosing to live with his mistress instead; and (3) refusal to have sex with her, performing the marital act only to satisfy himself. Moreover, Filipina alleges that such psychological incapacity of her husband existed from the time of the celebration of their marriage and became manifest thereafter. 15 The Regional Trial Court of San Fernando, Pampanga, in its decision 16 dated December 9, 1993, denied the petition of Filipina Sy for the declaration of absolute nullity of her marriage to Fernando. It stated that the alleged acts of the respondent, as cited by petitioner, do not constitute psychological incapacity which may warrant the declaration of absolute nullity of their marriage. Petitioner appealed to the Court of Appeals which affirmed the decision of the trial court. In the decision 17 of the Court of Appeals dated May 21, 1996, it ruled that the testimony of petitioner concerning respondent's purported psychological incapacity falls short of the quantum of evidence required to nullify a marriage celebrated with all the formal and essential requisites of law. Moreover, the Court of Appeals held that petitioner failed to show that the alleged psychological incapacity of respondent had existed at the time of the celebration of their marriage in 1973. It reiterated the finding of the trial court that the couple's marital problems surfaced only in 1983, or almost ten years from the date of the celebration of their marriage. And prior to their separation in 1983, they were living together harmoniously. Thus, the Court of Appeals affirmed the judgment of the lower court which it found to be in accordance with law and the evidence on record. 18 Petitioner filed a motion for reconsideration, 19 which the Court of Appeals denied in its resolution dated November 21, 1996. 20 Hence, this appeal by certiorari 21 wherein petitioner now raises the following issues: 1. WHETHER OR NOT THE HONORABLE COURT OF APPEALS MANIFESTLY OVERLOOKED THE FACT THAT ON THE DATE OF THE CELEBRATION OF THE PARTIES' MARRIAGE ON NOVEMBER 15, 1973, NOT DISPUTED BY RESPONDENT FERNANDO, THERE WAS NO MARRIAGE LICENSE THERETO; 2. WHETHER OR NOT THE HONORABLE COURT OF APPEALS COMMITTED MISAPPREHENSION OF FACTS BY STATING THAT THE GROUNDS RELIED UPON BY APPELLANT [herein petitioner] DO NOT CONSTITUTE PSYCHOLOGICAL INCAPACITY AS WOULD JUSTIFY NULLIFICATION OF HER MARRIAGE TO APPELLEE [herein respondent]; 3. WHETHER OR NOT THE HONORABLE COURT OF APPEALS COMMITTED MISAPPREHENSION OF FACTS BY STATING THAT APPELLANT FAILED TO SHOW THAT THE ALLEGED UNDESIRABLE ACTUATIONS OF

APPELLEE HAD EXISTED OR WERE PRESENT AT THE TIME THEIR MARRIAGE WAS CELEBRATED IN 1973; 4. WHETHER OR NOT THE HONORABLE COURT OF APPEALS COMMITTED GRAVE ABUSE OF DISCRETION IN AFFIRMING THE ERRONEOUS RULING OF THE LOWER COURT THAT THERE IS A REDEEMING ATTITUDE SHOWN TO THE COURT BY RESPONDENT FERNANDO WITH RESPECT TO HIS CHILDREN AND ALSO BELIEVES THAT RECONCILIATION BETWEEN THE PARTIES IS NOT A REMOTE POSSIBILITY WHICH IS ERRONEOUS; AND 5. WHETHER OR NOT THE CASE OF SANTOS V. COURT OF APPEALS (240 SCRA 20) IS APPLICABLE HERETO. 22 In sum, two issues are to be resolved: 1. Whether or not the marriage between petitioner and private respondent is void from the beginning for lack of a marriage license at the time of the ceremony; and 2. Whether or not private respondent is psychologically incapacitated at the time of said marriage celebration to warrant a declaration of its absolute nullity. Petitioner, for the first time, raises the issue of the marriage being void for lack of a valid marriage license at the time of its celebration. It appears that, according to her, the date of the actual celebration of their marriage and the date of issuance of their marriage certificate and marriage license are different and incongruous. Although we have repeatedly ruled that litigants cannot raise an issue for the first time on appeal, as this would contravene the basic rules of fair play and justice, 23 in a number of instances, we have relaxed observance of procedural rules, noting that technicalities are not ends in themselves but exist to protect and promote substantive rights of litigants. We said that certain rules ought not to be applied with severity and rigidity if by so doing, the very reason for their existence would be defeated. 24 Hence, when substantial justice plainly requires, exempting a particular case from the operation of technicalities should not be subject to cavil. 25 In our view, the case at bar requires that we address the issue of the validity of the marriage between Filipina and Fernando which petitioner claims is void from the beginning for lack of a marriage license, in order to arrive at a just resolution of a deeply seated and violent conflict between the parties. Note, however, that here the pertinent facts are not disputed; and what is required now is a declaration of their effects according to existing law. Petitioner states that though she did not categorically state in her petition for annulment of marriage before the trial court that the incongruity in the dates of the marriage license and the celebration of the marriage itself would lead to the conclusion that her marriage to Fernando was void from the beginning, she points out that these critical dates were contained in the documents she submitted before the court. The date of issue of the marriage license and marriage certificate, September 17, 1974, is contained in their marriage contract which was attached as Annex "A" in her petition for declaration of absolute nullity of marriage before the trial court, and thereafter marked as Exhibit "A" in the course of the trial. 26 The date of celebration of their marriage at Our Lady of Lourdes, Sta. Teresita Parish, on November 15, 1973, is admitted both by petitioner and private respondent, as stated in paragraph three of petitioner's petition for the declaration of absolute nullity of marriage before the trial court, and private respondent's answer admitting it. 27 This fact was also affirmed by petitioner, in open court, on January 22, 1993, during her direct examination, 28 as follows: ATTY. RAZON: In the last hearing, you said that you were married on November 15, 1973? FILIPINA SY: Yes, Sir.

November 15, 1973, also appears as the date of marriage of the parents in both their son's and daughter's birth certificates, which are also attached as Annexes "B" and "C" in the petition for declaration of absolute nullity of marriage before the trial court, and thereafter marked as Exhibits "B" and "C" in the course of the trial. 29 These pieces of evidence on record plainly and indubitably show that on the day of the marriage ceremony, there was no marriage license. A marriage license is a formal requirement; its absence renders the marriage void ab initio. In addition, the marriage contract shows that the marriage license, numbered 6237519, was issued in Carmona, Cavite, yet, neither petitioner nor private respondent ever resided in Carmona. 30 Carefully reviewing the documents and the pleadings on record, we find that indeed petitioner did not expressly state in her petition before the trial court that there was incongruity between the date of the actual celebration of their marriage and the date of the issuance of their marriage license. From the documents she presented, the marriage license was issued on September 17, 1974, almost one year after the ceremony took place on November 15, 1973. The ineluctable conclusion is that the marriage was indeed contracted without a marriage license. Nowhere do we find private respondent denying these dates on record. Article 80 of the Civil Code 31 is clearly applicable in this case. There being no claim of an exceptional character, the purported marriage between petitioner and private respondent could not be classified among those enumerated in Articles 7279 32 of the Civil Code. We thus conclude that under Article 80 of the Civil Code, the marriage between petitioner and private respondent is void from the beginning. We note that their marriage certificate and marriage license are only photocopies. So are the birth certificates of their son Frederick and daughter Farrah Sheryll. Nevertheless, these documents were marked as Exhibits during the course of the trial below, which shows that these have been examined and admitted by the trial court, with no objections having been made as to their authenticity and due execution. Likewise, no objection was interposed to petitioner's testimony in open court when she affirmed that the date of the actual celebration of their marriage was on November 15, 1973. We are of the view, therefore, that having been admitted in evidence, with the adverse party failing to timely object thereto, these documents are deemed sufficient proof of the facts contained therein.33 The remaining issue on the psychological incapacity of private respondent need no longer detain us. It is mooted by our conclusion that the marriage of petitioner to respondent is void ab initio for lack of a marriage license at the time their marriage was solemnized. WHEREFORE, the petition is GRANTED. The Decision of the Regional Trial Court of San Fernando, Pampanga, dated December 9, 1993 as well as the Decision promulgated on May 21, 1996 by the Court of Appeals and its Resolution dated November 21, 1996 in CA-G.R. No. 44144 are set aside. The marriage celebrated on November 15, 1973 between petitioner Filipina Yap and private respondent Fernando Sy is hereby declared void ab initio for lack of a marriage license at the time of celebration. No pronouncement as to costs. SO ORDERED.

G.R. No. 103047 September 2, 1994 REPUBLIC OF THE PHILIPPINES, petitioner, vs. COURT OF APPEALS AND ANGELINA M. CASTRO, respondents. Parungao, Abesamis, Eleazar & Pulgar Law Offices for private respondent. PUNO, J.: The case at bench originated from a petition filed by private respondent Angelina M. Castro in the Regional Trial Court of Quezon City seeking a judicial declaration of nullity of her marriage to Edwin F. Cardenas. 1 As ground therefor, Castro claims that no marriage license was ever issued to them prior to the solemnization of their marriage. Despite notice, defendant Edwin F. Cardenas failed to file his answer. Consequently, he was declared in default. Trial proceeded in his absence. The controlling facts are undisputed: On June 24, 1970, Angelina M. Castro and Edwin F. Cardenas were married in a civil ceremony performed by Judge Pablo M. Malvar, City Court Judge of Pasay City. The marriage was celebrated without the knowledge of Castro's parents. Defendant Cardenas personally attended to the processing of the documents required for the celebration of the marriage, including the procurement of the marriage, license. In fact, the marriage contract itself states that marriage license no. 3196182 was issued in the name of the contracting parties on June 24, 1970 in Pasig, Metro Manila. The couple did not immediately live together as husband and wife since the marriage was unknown to Castro's parents. Thus, it was only in March 1971, when Castro discovered she was pregnant, that the couple decided to live together. However, their cohabitation lasted only for four (4) months. Thereafter, the couple parted ways. On October 19, 1971, Castro gave birth. The baby was adopted by Castro's brother, with the consent of Cardenas. The baby is now in the United States. Desiring to follow her daughter, Castro wanted to put in order her marital status before leaving for the States. She thus consulted a lawyer, Atty. Frumencio E. Pulgar, regarding the possible annulment of her marriage. Through her lawyer's efforts, they discovered that there was no marriage license issued to Cardenas prior to the celebration of their marriage. As proof, Angelina Castro offered in evidence a certification from the Civil Register of Pasig, Metro Manila. It reads: February 20, 1987 TO WHOM IT MAY CONCERN: This is to certify that the names EDWIN F. CARDENAS and ANGELINA M. CASTRO who were allegedly married in the Pasay City Court on June 21, 1970 under an alleged (s)upportive marriage license no. 3196182 allegedly issued in the municipality on June 20, 1970 cannot be located as said license no. 3196182 does not appear from our records. Issued upon request of Mr. Ed Atanacio. (Sgd) CENONA D. QUINTOS Senior Civil Registry Officer

Castro testified that she did not go to the civil registrar of Pasig on or before June 24, 1970 in order to apply for a license. Neither did she sign any application therefor. She affixed her signature only on the marriage contract on June 24, 1970 in Pasay City. The trial court denied the petition. 2 It held that the above certification was inadequate to establish the alleged non-issuance of a marriage license prior to the celebration of the marriage between the parties. It ruled that the "inability of the certifying official to locate the marriage license is not conclusive to show that there was no marriage license issued." Unsatisfied with the decision, Castro appealed to respondent appellate court. She insisted that the certification from the local civil registrar sufficiently established the absence of a marriage license. As stated earlier, respondent appellate court reversed the Decision of the trial court. 3 It declared the marriage between the contracting parties null and void and directed the Civil Registrar of Pasig to cancel the subject marriage contract. Hence this petition for review on certiorari. Petitioner Republic of the Philippines urges that respondent appellate court erred when it ruled that the certification issued by the civil registrar that marriage license no. 3196182 was not in their record adequately proved that no such license was ever issued. Petitioner also faults the respondent court for relying on the self-serving and uncorroborated testimony of private respondent Castro that she had no part in the procurement of the subject marriage license. Petitioner thus insists that the certification and the uncorroborated testimony of private respondent are insufficient to overthrow the legal presumption regarding the validity of a marriage. Petitioner also points that in declaring the marriage between the parties as null and void, respondent appellate court disregarded the presumption that the solemnizing officer, Judge Pablo M. Malvar, regularly performed his duties when he attested in the marriage contract that marriage license no. 3196182 was duly presented to him before the solemnization of the subject marriage. The issues, being interrelated, shall be discussed jointly. The core issue presented by the case at bench is whether or not the documentary and testimonial evidence presented by private respondent are sufficient to establish that no marriage license was issued by the Civil Registrar of Pasig prior to the celebration of the marriage of private respondent to Edwin F. Cardenas. We affirm the impugned Decision. At the time the subject marriage was solemnized on June 24, 1970, the law governing marital relations was the New Civil Code. The law 4 provides that no marriage shall be solemnized without a marriage license first issued by a local civil registrar. Being one of the essential requisites of a valid marriage, absence of a license would render the marriage void ab initio. 5 Petitioner posits that the certification of the local civil registrar of due search and inability to find a record or entry to the effect that marriage license no. 3196182 was issued to the parties is not adequate to prove its non-issuance. We hold otherwise. The presentation of such certification in court is sanctioned by Section 29, Rule 132 of the Rules of Court, viz.: Sec. 29. Proof of lack of record. A written statement signed by an officer having custody of an official record or by his deputy, that after diligent search, no record or entry of a specified tenor is found to exist in the records of his office, accompanied by a certificate as

above provided, is admissible as evidence that the records of his office contain no such record or entry. The above Rule authorized the custodian of documents to certify that despite diligent search, a particular document does not exist in his office or that a particular entry of a specified tenor was not to be found in a register. As custodians of public documents, civil registrars are public officers charged with the duty, inter alia, of maintaining a register book where they are required to enter all applications for marriage licenses, including the names of the applicants, the date the marriage license was issued and such other relevant data. 6 The certification of "due search and inability to find" issued by the civil registrar of Pasig enjoys probative value, he being the officer charged under the law to keep a record of all data relative to the issuance of a marriage license. Unaccompanied by any circumstance of suspicion and pursuant to Section 29, Rule 132 of the Rules of Court, a certificate of "due search and inability to find" sufficiently proved that his office did not issue marriage license no. 3196182 to the contracting parties. The fact that private respondent Castro offered only her testimony in support of her petition is, in itself, not a ground to deny her petition. The failure to offer any other witness to corroborate her testimony is mainly due to the peculiar circumstances of the case. It will be remembered that the subject marriage was a civil ceremony performed by a judge of a city court. The subject marriage is one of those commonly known as a "secret marriage" a legally non-existent phrase but ordinarily used to refer to a civil marriage celebrated without the knowledge of the relatives and/or friends of either or both of the contracting parties. The records show that the marriage between Castro and Cardenas was initially unknown to the parents of the former. Surely, the fact that only private respondent Castro testified during the trial cannot be held against her. Her husband, Edwin F. Cardenas, was duly served with notice of the proceedings and a copy of the petition. Despite receipt thereof, he chose to ignore the same. For failure to answer, he was properly declared in default. Private respondent cannot be faulted for her husband's lack of interest to participate in the proceedings. There was absolutely no evidence on record to show that there was collusion between private respondent and her husband Cardenas. It is noteworthy to mention that the finding of the appellate court that the marriage between the contracting parties is null and void for lack of a marriage license does not discount the fact that indeed, a spurious marriage license, purporting to be issued by the civil registrar of Pasig, may have been presented by Cardenas to the solemnizing officer. In fine, we hold that, under the circumstances of the case, the documentary and testimonial evidence presented by private respondent Castro sufficiently established the absence of the subject marriage license. IN VIEW WHEREOF, the petition is DENIED there being no showing of any reversible error committed by respondent appellate court. SO ORDERED.

G.R. No. 167684

July 31, 2006

JAIME O.SEVILLA, petitioner, vs. CARMELITA N. CARDENAS, respondent. DECISION CHICO-NAZARIO, J.: This Petition for Review on Certiorari seeks the reversal of the Decision1 of the Court of Appeals in CA-G.R. CV No. 74416 dated 20 December 2004 which set aside the Decision2 of the Regional Trial Court (RTC) of Makati City, in Civil Case No. 94-1285 dated 25 January 2002. In a Complaint3 dated 28 March 1994 filed by Jaime O. Sevilla before the RTC, he claimed that on 19 May 1969, through machinations, duress and intimidation employed upon him by Carmelita N. Cardenas and the latter's father, retired Colonel Jose Cardenas of the Armed forces of the Philippines, he and Carmelita went to the City Hall of Manila and they were introduced to a certain Reverend Cirilo D. Gonzales, a supposed Minister of the Gospel. On the said date, the father of Carmelita caused him and Carmelita to sign a marriage contract before the said Minister of the Gospel. According to Jaime, he never applied for a marriage license for his supposed marriage to Carmelita and never did they obtain any marriage license from any Civil Registry, consequently, no marriage license was presented to the solemnizing officer. For her part, Carmelita refuted these allegations of Jaime, and claims that she and Jaime were married civilly on 19 May 1969,4 and in a church ceremony thereafter on 31 May 19695 at the Most Holy Redeemer Parish in Quezon City. Both marriages were registered with the local civil registry of Manila and the National Statistics Office. He is estopped from invoking the lack of marriage license after having been married to her for 25 years. The trial court made the following findings: In support of his complaint, plaintiff [Jaime] testified that on May 19, 1969, he and defendant [Carmelita] appeared before a certain Rev. Cirilo D. Gonzales, a Minister of the Gospel, at the city hall in Manila where they executed a Marriage Contract (Exh. "A") in civil rites. A certain Godofredo Occena who, plaintiff alleged, was an aide of defendant's father accompanied them, and who, together with another person, stood as witness to the civil wedding. That although marriage license no. 2770792 allegedly issued in San Juan, Rizal on May 19, 1969 was indicated in the marriage contract, the same was fictitious for he never applied for any marriage license, (Ibid., p. 11). Upon verifications made by him through his lawyer, Atty. Jose M. Abola, with the Civil Registry of San Juan, a Certification dated March 11, 1994 (Exh. "E") was issued by Rafael D. Aliscad, Jr., Local Civil Registrar of San Juan, that "no marriage license no. 2770792 was ever issued by said office." On May 31, 1969, he and defendant were again wed, this time in church rites, before Monsignor Juan Velasco at the Most Holy Redeemer Parish Church in Brixton Hills, Quezon City, where they executed another marriage contract (Exh. "F") with the same marriage license no. 2770792 used and indicated. Preparations and expenses for the church wedding and reception were jointly shared by his and defendant's parents. After the church wedding, he and defendant resided in his house at Brixton Hills until their first son, Jose Gabriel, was born in March 1970. As his parents continued to support him financially, he and defendant lived in Spain for some time, for his medical studies. Eventually, their marital relationship turned bad because it became difficult for him to be married he being a medical student at that time. They started living apart in 1976, but they underwent family counseling before they

eventually separated in 1978. It was during this time when defendant's second son was born whose paternity plaintiff questioned. Plaintiff obtained a divorce decree against defendant in the United States in 1981 and later secured a judicial separation of their conjugal partnership in 1983. Atty. Jose M. Abola, then counsel for the plaintiff, himself manifested that when his service was engaged by plaintiff, and after the latter narrated to him the circumstances of his marriage, he made inquiries with the Office of Civil Registry of San Juan where the supposed marriage license was obtained and with the Church of the Most Holy Redeemer Parish where the religious wedding ceremony was celebrated. His request letters dated March 3, 1994 (Exh. "J"), March 7, 1994 (Exh. "L"), March 9, 1994 (Exh. "M") and March 11, 1994 (Exh. "K") were all sent to and received by the Civil Registrar of San Juan, who in reply thereto, issued Certifications dated March 4, 1994 (Exh. "I"), and March 11, 1994 (Exh. "E") and September 20, 1994 (Exh. "C"), that "no marriage license no. 2770792 was ever issued by that office." Upon his inquiry, the Holy Redeemer Parish Church issued him a certified copy of the marriage contract of plaintiff and defendant (Exh. "F") and a Certificate of Marriage dated April 11, 1994 (Exh. "G"), wherein it noted that it was a "purely religious ceremony, having been civilly married on May 19, 1969 at the City Hall, Manila, under Marriage License No. 2770792 issued at San Juan, Rizal on May 19, 1969." Perlita Mercader, Registration Officer III of the Local Registry of San Juan, identified the Certificates dated March 4, 1994, March 11, 1994 and September 20, 1994 issued by Rafael Aliscad, Jr., the Local Civil Registrar, and testified that their office failed to locate the book wherein marriage license no. 2770792 may have been registered (TSN, 8-6-96, p. 5). Defendant Carmelita Cardenas testified that she and plaintiff had a steady romantic relationship after they met and were introduced to each other in October 1968. A model, she was compelled by her family to join the Mutya ng Pilipinas beauty pageant when plaintiff who was afraid to lose her, asked her to run away with him to Baguio. Because she loved plaintiff, she turned back on her family and decided to follow plaintiff in Baguio. When they came back to Manila, she and plaintiff proceeded to the latter's home in Brixton Hills where plaintiff's mother, Mrs. Sevilla, told her not to worry. Her parents were hostile when they learned of the elopement, but Mrs. Sevilla convinced them that she will take care of everything, and promised to support plaintiff and defendant. As plaintiff was still fearful he may lose her, he asked her to marry him in civil rites, without the knowledge of her family, more so her father (TSN, 5-28-98, p. 4) on May 19, 1969, before a minister and where she was made to sign documents. After the civil wedding, they had lunch and later each went home separately. On May 31, 1969, they had the church wedding, which the Sevilla family alone prepared and arranged, since defendant's mother just came from hospital. Her family did not participate in the wedding preparations. Defendant further stated that there was no sexual consummation during their honeymoon and that it was after two months when they finally had sex. She learned from Dr. Escudero, plaintiff's physician and one of their wedding sponsors that plaintiff was undergoing psychiatric therapy since age 12 (TSN, 11-298, p. 15) for some traumatic problem compounded by his drug habit. She found out plaintiff has unusual sexual behavior by his obsession over her knees of which he would take endless pictures of. Moreover, plaintiff preferred to have sex with her in between the knees which she called "intrafemural sex," while real sex between them was far and between like 8 months, hence, abnormal. During their marriage, plaintiff exhibited weird sexual behavior which defendant

attributed to plaintiff's drug addiction (TSN, 11-5-98, pp. 5-8). A compulsive liar, plaintiff has a bad temper who breaks things when he had tantrums. Plaintiff took drugs like amphetamines, benzedrine and the like, "speed" drugs that kept him from sleep and then would take barbiturates or downers, like "mogadon." Defendant tried very hard to keep plaintiff away from drugs but failed as it has become a habit to him. They had no fixed home since they often moved and partly lived in Spain for about four and a half years, and during all those times, her mother-in-law would send some financial support on and off, while defendant worked as an English teacher. Plaintiff, who was supposed to be studying, did nothing. Their marriage became unbearable, as plaintiff physically and verbally abused her, and this led to a break up in their marriage. Later, she learned that plaintiff married one Angela Garcia in 1991 in the United States. Jose Cardenas, father of defendant, testified that he was not aware of the civil wedding of his daughter with the plaintiff; that his daughter and grandson came to stay with him after they returned home from Spain and have lived with him and his wife ever since. His grandsons practically grew up under his care and guidance, and he has supported his daughter's expenses for medicines and hospital confinements (Exhs. "9" and "10"). Victoria Cardenas Navarro, defendant's sister, testified and corroborated that it was plaintiff's family that attended to all the preparations and arrangements for the church wedding of her sister with plaintiff, and that she didn't know that the couple wed in civil rites some time prior to the church wedding. She also stated that she and her parents were still civil with the plaintiff inspite of the marital differences between plaintiff and defendant. As adverse witness for the defendant, plaintiff testified that because of irreconcilable differences with defendant and in order for them to live their own lives, they agreed to divorce each other; that when he applied for and obtained a divorce decree in the United States on June 14, 1983 (Exh. "13"), it was with the knowledge and consent of defendant who in fact authorized a certain Atty. Quisumbing to represent her (TSN, 12-72000, p. 21). During his adverse testimony, plaintiff identified a recent certification dated July 25, 2000 (Exh. "EE") issued by the Local Civil Registrar of San Juan, that the marriage license no. 2770792, the same marriage license appearing in the marriage contract (Exh. "A"), is inexistent, thus appears to be fictitious.6 In its Decision dated 25 January 2002, declaring the nullity of the marriage of the parties, the trial court made the following justifications: Thus, being one of the essential requisites for the validity of the marriage, the lack or absence of a license renders the marriage void ab initio. It was shown under the various certifications (Exhs. "I", "E", and "C") earlier issued by the office of the Local Civil Registrar of the Municipality of San Juan, and the more recent one issued on July 25, 2000 (Exh. "EE") that no marriage license no. 2770792 was ever issued by that office, hence, the marriage license no. 2770792 appearing on the marriage contracts executed on May 19, 1969 (Exh. "A") and on May 31, 1969 (Exh. "F") was fictitious. Such a certification enjoys probative value under the rules on evidence, particularly Section 28, Rule 132 of the Rules of Court, x x x. xxxx WHEREFORE, the Court hereby declares the civil marriage between Jaime O. Sevilla and Carmelita N. Cardenas solemnized by Rev. Cirilo D. Gonzales at the

Manila City Hall on May 19, 1969 as well as their contract of marriage solemnized under religious rites by Rev. Juan B. Velasco at the Holy Redeemer Parish on May 31, 1969, NULL and VOID for lack of the requisite marriage license. Let the marriage contract of the parties under Registry No. 601 (e-69) of the registry book of the Local Civil Registry of Manila be cancelled. Let copies of this Decision be duly recorded in the proper civil and property registries in accordance with Article 52 of the Family Code. Likewise, let a copy hereof be forwarded the Office of the Solicitor General for its record and information.7 Carmelita filed an appeal with the Court of Appeals. In a Decision dated 20 December 2004, the Court of Appeals disagreed with the trial court and held: In People v. De Guzman (G.R. No. 106025, February 9, 1994), the Supreme Court explained that: "The presumption of regularity of official acts may be rebutted by affirmative evidence of irregularity or failure to perform a duty. The presumption, however, prevails until it is overcome by no less than clear and convincing evidence to the contrary. Thus, unless the presumption is rebutted, it becomes conclusive." In this case, We note that a certain Perlita Mercader of the local civil registry of San Juan testified that they "failed to locate the book wherein marriage license no. 2770792 is registered," for the reason that "the employee handling is already retired." With said testimony We cannot therefore just presume that the marriage license specified in the parties' marriage contract was not issued for in the end the failure of the office of the local civil registrar of San Juan to produce a copy of the marriage license was attributable not to the fact that no such marriage license was issued but rather, because it "failed to locate the book wherein marriage license no. 2770792 is registered." Simply put, if the pertinent book were available for scrutiny, there is a strong possibility that it would have contained an entry on marriage license no. 2720792. xxxx Indeed, this Court is not prepared to annul the parties' marriage on the basis of a mere perception of plaintiff that his union with defendant is defective with respect to an essential requisite of a marriage contract, a perception that ultimately was not substantiated with facts on record.8 Jaime filed a Motion for Reconsideration dated 6 January 2005 which the Court of Appeals denied in a Resolution dated 6 April 2005. This denial gave rise to the present Petition filed by Jaime. He raises the following issues for Resolution. 1. Whether or not a valid marriage license was issued in accordance with law to the parties herein prior to the celebration of the marriages in question; 2. Whether or not the Court of Appeals correctly applied and relied on the presumption of regularity of officials acts, particularly the issuance of a marriage license, arising solely from the contents of the marriage contracts in question which show on their face that a marriage license was purportedly issued by the Local Civil Registry of San Juan, Metro Manila, and

3. Whether or not respondent could validly invoke/rely upon the presumption of validity of a marriage arising from the admitted "fact of marriage."9 At the core of this controversy is the determination of whether or not the certifications from the Local Civil Registrar of San Juan stating that no Marriage License No. 2770792 as appearing in the marriage contract of the parties was issued, are sufficient to declare their marriage as null and void ab initio. We agree with the Court of Appeals and rule in the negative. Pertinent provisions of the Civil Code which was the law in force at the time of the marriage of the parties are Articles 53,10 5811 and 80.12 Based on the foregoing provisions, a marriage license is an essential requisite for the validity of marriage. The marriage between Carmelita and Jaime is of no exception. At first glance, this case can very well be easily dismissed as one involving a marriage that is null and void on the ground of absence of a marriage license based on the certifications issued by the Local Civil Registar of San Juan. As ruled by this Court in the case of Cario v. Cario13: [A]s certified by the Local Civil Registrar of San Juan, Metro Manila, their office has no record of such marriage license. In Republic v. Court of Appeals, the Court held that such a certification is adequate to prove the non-issuance of a marriage license. Absent any circumstance of suspicion, as in the present case, the certification issued by the local civil registrar enjoys probative value, he being the officer charged under the law to keep a record of all date relative to the issuance of a marriage license. Such being the case, the presumed validity of the marriage of petitioner and the deceased has been sufficiently overcome. It then became the burden of petitioner to prove that their marriage is valid and that they secured the required marriage license. Although she was declared in default before the trial court, petitioner could have squarely met the issue and explained the absence of a marriage license in her pleadings before the Court of Appeals and this Court. But petitioner conveniently avoided the issue and chose to refrain from pursuing an argument that will put her case in jeopardy. Hence, the presumed validity of their marriage cannot stand. It is beyond cavil, therefore, that the marriage between petitioner Susan Nicdao and the deceased, having been solemnized without the necessary marriage license, and not being one of the marriages exempt from the marriage license requirement, is undoubtedly void ab initio. The foregoing Decision giving probative value to the certifications issued by the Local Civil Registrar should be read in line with the decision in the earlier case of Republic v. Court of Appeals,14 where it was held that: The above Rule authorized the custodian of documents to certify that despite diligent search, a particular document does not exist in his office or that a particular entry of a specified tenor was not to be found in a register. As custodians of public documents, civil registrars are public officers charged with the duty, inter alia, of maintaining a register book where they are required to enter all applications for marriage licenses, including the names of the applicants, the date the marriage license was issued and such other relevant data. (Emphasis supplied.)

Thus, the certification to be issued by the Local Civil Registrar must categorically state that the document does not exist in his office or the particular entry could not be found in the register despite diligent search. Such certification shall be sufficient proof of lack or absence of record as stated in Section 28, Rule 132 of the Rules of Court: SEC. 28. Proof of lack of record. a written statement signed by an officer having the custody of an official record or by his deputy that after diligent search, no record or entry of a specified tenor is found to exist in the records of his office, accompanied by a certificate as above provided, is admissible as evidence that the records of his office contain no such record or entry. We shall now proceed to scrutinize whether the certifications by the Local Civil Registrar of San Juan in connection with Marriage License No. 2770792 complied with the foregoing requirements and deserved to be accorded probative value. The first Certification15 issued by the Local Civil Registrar of San Juan, Metro Manila, was dated 11 March 1994. It reads: TO WHOM IT MAY CONCERN: No Marriage License Number 2770792 were (sic) ever issued by this Office. With regards (sic) to Marriage License Number 2880792,16 we exert all effort but we cannot find the said number. Hope and understand our loaded work cannot give you our full force locating the above problem. San Juan, Metro Manila March 11, 1994 (SGD)RAFAEL D. ALISCAD, JR. Local Civil Registrar The second certification17 was dated 20 September 1994 and provides: TO WHOM IT MAY CONCERN: This is to certify that no marriage license Number 2770792 were ever issued by this Office with regards to Marriage License Number 2880792, we exert all effort but we cannot find the said number. Hope and understand our loaded work cannot give you our full force locating the above problem. San Juan, Metro Manila September 20, 1994 (SGD)RAFAEL D. ALISCAD, JR. Local Civil Registrar The third Certification,18 issued on 25 July 2000, states: TO WHOM IT MAY CONCERN: This is to certify that according to the records of this office, no Marriage License Application was filed and no Marriage License No. 2770792 allegedly dated May 19, 1969 was issued by this Office to MR. JAIME O. SEVILLA and MS. CARMELITA CARDENAS-SEVILLA. This is to further certify that the said application and license do not exist in our Local Civil Registry Index and, therefore, appear to be fictitious.

10

This certification is being issued upon the request of the interested party for whatever legal intent it may serve. San Juan, Metro Manila July 25, 2000 (SGD)RAFAEL D. ALISCAD, JR. Local Civil Registrar Note that the first two certifications bear the statement that "hope and understand our loaded work cannot give you our full force locating the above problem." It could be easily implied from the said statement that the Office of the Local Civil Registrar could not exert its best efforts to locate and determine the existence of Marriage License No. 2770792 due to its "loaded work." Likewise, both certifications failed to state with absolute certainty whether or not such license was issued. This implication is confirmed in the testimony of the representative from the Office of the Local Civil Registrar of San Juan, Ms. Perlita Mercader, who stated that they cannot locate the logbook due to the fact that the person in charge of the said logbook had already retired. Further, the testimony of the said person was not presented in evidence. It does not appear on record that the former custodian of the logbook was deceased or missing, or that his testimony could not be secured. This belies the claim that all efforts to locate the logbook or prove the material contents therein, had been exerted. As testified to by Perlita Mercader: Q Under the subpoena duces tecum, you were required to bring to this Court among other things the register of application of/or (sic) for marriage licenses received by the Office of the :Local Civil Registrar of San Juan, Province of Rizal, from January 19, 1969 to May 1969. Did you bring with you those records? A I brought may 19, 1969, sir. Q Is that the book requested of you under no. 3 of the request for subpoena? A Meron pang January. I forgot, January . . . Q Did you bring that with you? A No, sir. Q Why not? A I cannot locate the book. This is the only book. Q Will you please state if this is the register of marriage of marriage applications that your office maintains as required by the manual of the office of the Local Civil Registrar? COURT May I see that book and the portion marked by the witness. xxxx COURT Why don't you ask her direct question whether marriage license 2880792 is the number issued by their office while with respect to license no. 2770792 the office of the Local Civil Registrar of San Juan is very

definite about it it was never issued. Then ask him how about no. 2880792 if the same was ever issued by their office. Did you ask this 2887092, but you could not find the record? But for the moment you cannot locate the books? Which is which now, was this issued or not? A The employee handling it is already retired, sir.19 Given the documentary and testimonial evidence to the effect that utmost efforts were not exerted to locate the logbook where Marriage License No. 2770792 may have been entered, the presumption of regularity of performance of official function by the Local Civil Registrar in issuing the certifications, is effectively rebutted. According to Section 3(m),20 Rule 131 of the Rules of Court, the presumption that official duty has been regularly performed is among the disputable presumptions. In one case, it was held: A disputable presumption has been defined as a species of evidence that may be accepted and acted on where there is no other evidence to uphold the contention for which it stands, or one which may be overcome by other evidence. One such disputable/rebuttable presumption is that an official act or duty has been regularly performed. x x x.21 The presumption of regularity of official acts may be rebutted by affirmative evidence of irregularity or failure to perform a duty.22 The presumption of regularity of performance of official duty is disputable and can be overcome by other evidence as in the case at bar where the presumption has been effectively defeated by the tenor of the first and second certifications. Moreover, the absence of the logbook is not conclusive proof of non-issuance of Marriage License No. 2770792. It can also mean, as we believed true in the case at bar, that the logbook just cannot be found. In the absence of showing of diligent efforts to search for the said logbook, we cannot easily accept that absence of the same also means non-existence or falsity of entries therein. Finally, the rule is settled that every intendment of the law or fact leans toward the validity of the marriage, the indissolubility of the marriage bonds.23 The courts look upon this presumption with great favor. It is not to be lightly repelled; on the contrary, the presumption is of great weight.24 The Court is mindful of the policy of the 1987 Constitution to protect and strengthen the family as the basic autonomous social institution and marriage as the foundation of the family. Thus, any doubt should be resolved in favor of the validity of the marriage.25 The parties have comported themselves as husband and wife and lived together for several years producing two offsprings,26 now adults themselves. It took Jaime several years before he filed the petition for declaration of nullity. Admittedly, he married another individual sometime in 1991.27 We are not ready to reward petitioner by declaring the nullity of his marriage and give him his freedom and in the process allow him to profit from his own deceit and perfidy.28 Our Constitution is committed to the policy of strengthening the family as a basic social institution. Our family law is based on the policy that marriage is not a mere contract, but a social institution in which the State is vitally interested. The State can find no stronger anchor than on good, solid and happy families. The break-up of families weakens our social and moral fabric; hence, their preservation is not the concern of the family members alone.29

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"The basis of human society throughout the civilized world is x x x marriage. Marriage in this jurisdiction is not only a civil contract, but it is a new relation, an institution in the maintenance of which the public is deeply interested. Consequently, every intendment of the law leans toward legalizing matrimony. Persons dwelling together in apparent matrimony are presumed, in the absence of any counterpresumption or evidence special to the case, to be in fact married. The reason is that such is the common order of society, and if the parties were not what they thus hold themselves out as being, they would be living in the constant violation of decency and of law. A presumption established by our Code of Civil Procedure is `that a man and a woman deporting themselves as husband and wife have entered into a lawful contract of marriage.' Semper praesumitur pro matrimonio Always presume marriage."30 This jurisprudential attitude towards marriage is based on the prima facie presumption that a man and a woman deporting themselves as husband and wife have entered into a lawful contract of marriage.31 By our failure to come to the succor of Jaime, we are not trifling with his emotion or deepest sentiments. As we have said in Carating-Siayngco v. Siayngco,32 regrettably, there are situations like this one, where neither law nor society can provide the specific answers to every individual problem. WHEREFORE, premises considered, the instant Petition is DENIED. The Decision of the Court of Appeals dated 20 December 2004 and the Resolution dated 6 April 2005 are AFFIRMED. Costs against the petitioner. SO ORDERED.

A.M. No. MTJ-92-721 September 30, 1994 JUVY N. COSCA, EDMUNDO B. PERALTA, RAMON C. SAMBO, and APOLLO A. VILLAMORA, complainants, vs. HON. LUCIO P. PALAYPAYON, JR., Presiding Judge, and NELIA B. ESMERALDA-BAROY, Clerk of Court II, both of the Municipal Trial Court of Tinambac, Camarines Sur, respondents. Esteban R. Abonal for complainants. Haide B. Vista-Gumba for respondents. PER CURIAM, J.: Complainants Juvy N. Cosca, Edmundo B. Peralta, Ramon C. Sambo, and Apollo Villamora, are Stenographer I, Interpreter I, Clerk II, and Process Server, respectively, of the Municipal Trial Court of Tinambac, Camarines Sur. Respondents Judge Lucio P. Palaypayon, Jr. and Nelia B. Esmeralda-Baroy are respectively the Presiding Judge and Clerk of Court II of the same court. In an administrative complaint filed with the Office of the Court Administrator on October 5, 1992, herein respondents were charged with the following offenses, to wit: (1) illegal solemnization of marriage; (2) falsification of the monthly reports of cases; (3) bribery in consideration of an appointment in the court; (4) non-issuance of receipt for cash bond received; (5) infidelity in the custody of detained prisoners; and (6) requiring payment of filing fees from exempted entities. 1 Pursuant to a resolution issued by this Court respondents filed their respective Comments. 2 A Reply to Answers of Respondents was filed by complainants. 3 The case was thereafter referred to Executive Judge David C. Naval of the Regional Trial Court, Naga City, for investigation report and recommendation. The case was however transferred to First Assistant Executive Judge Antonio N. Gerona when Judge Naval inhibited himself for the reason that his wife is a cousin of respondent Judge Palaypayon, Jr. 4 The contending versions of the parties regarding the factual antecedents of this administrative matter, as culled from the records thereof, are set out under each particular charge against respondents. 1. Illegal solemnization of marriage Complainants allege that respondent judge solemnized marriages even without the requisite marriage license. Thus, the following couples were able to get married by the simple expedient of paying the marriage fees to respondent Baroy, despite the absence of a marriage license, viz.: Alano P. Abellano and Nelly Edralin, Francisco Selpo and Julieta Carrido, Eddie Terrobias and Maria Gacer, Renato Gamay and Maricris Belga, Arsenio Sabater and Margarita Nacario, and Sammy Bocaya and Gina Bismonte. As a consequence, their marriage contracts (Exhibits B, C, D, F, G, and A, respectively) did not reflect any marriage license number. In addition, respondent judge did not sign their marriage contracts and did not indicate the date of solemnization, the reason being that he allegedly had to wait for the marriage license to be submitted by the parties which was usually several days after the ceremony. Indubitably, the marriage contracts were not filed with the local civil registrar. Complainant Ramon Sambo, who prepares the marriage contracts, called the attention of respondents to the lack of marriage licenses and its effect on the marriages involved, but the latter opted to proceed with the celebration of said marriages. Respondent Nelia Baroy claims that when she was appointed Clerk of Court II, the employees of the court were already hostile to her, especially complainant Ramon Sambo who told her that he was filing a protest against her appointment. She avers that it was only lately when she discovered that the court had a marriage Register which is in the custody of Sambo; that it was

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Sambo who failed to furnish the parties copies of the marriage contract and to register these with the local civil registrar; and that apparently Sambo kept these marriage contracts in preparation for this administrative case. Complainant Sambo, however, claims that all file copies of the marriage contracts were kept by respondent Baroy, but the latter insists that she had instructed Sambo to follow up the submission by the contracting parties of their marriage licenses as part of his duties but he failed to do so. Respondent Judge Palaypayon, Jr. contends that the marriage between Alano P. Abellano and Nelly Edralin falls under Article 34 of the Civil Code, hence it is exempt from the marriage license requirement; that he gave strict instructions to complainant Sambo to furnish the couple a copy of the marriage contract and to file the same with the civil registrar, but the latter failed to do so; that in order to solve the problem, the spouses subsequently formalized their marriage by securing a marriage license and executing their marriage contract, a copy of which was filed with the civil registrar; that the other five marriages alluded to in the administrative complaint were not illegally solemnized because the marriage contracts were not signed by him and they did not contain the date and place of marriage; that copies of these marriage contracts are in the custody of complainant Sambo; that the alleged marriage of Francisco Selpo and Julieta Carrido, Eddie Terrobias and Maria Emma Gaor, Renato Gamay and Maricris Belga, and of Arsenio Sabater and Margarita Nacario were not celebrated by him since he refused to solemnize them in the absence of a marriage license; that the marriage of Samy Bocaya and Gina Bismonte was celebrated even without the requisite license due to the insistence of the parties in order to avoid embarrassment to their guests but that, at any rate, he did not sign their marriage contract which remains unsigned up to the present. 2. Falsification of monthly report for July, 1991 regarding the number of marriages solemnized and the number of documents notarized. It is alleged that respondent judge made it appear that he solemnized seven (7) marriages in the month of July, 1992, when in truth he did not do so or at most those marriages were null and void; that respondents likewise made it appear that they have notarized only six (6) documents for July, 1992, but the Notarial Register will show that there were one hundred thirteen (113) documents which were notarized during that month; and that respondents reported a notarial fee of only P18.50 for each document, although in fact they collected P20.00 therefor and failed to account for the difference. Respondent Baroy contends, however, that the marriage registry where all marriages celebrated by respondent judge are entered is under the exclusive control and custody of complainant Ramon Sambo, hence he is the only one who should be held responsible for the entries made therein; that the reported marriages are merely based on the payments made as solemnization fees which are in the custody of respondent Baroy. She further avers that it is Sambo who is likewise the custodian of the Notarial Register; that she cannot be held accountable for whatever alleged difference there is in the notarial fees because she is liable only for those payments tendered to her by Sambo himself; that the notarial fees she collects are duly covered by receipts; that of the P20.00 charged, P18.50 is remitted directly to the Supreme Court as part of the Judiciary Development Fund and P150 goes to the general fund of the Supreme Court which is paid to the Municipal Treasurer of Tinambac, Camarines Sur. Respondent theorizes that the discrepancies in the monthly report were manipulated by complainant Sambo considering that he is the one in charge of the preparation of the monthly report. Respondent Judge Palaypayon avers that the erroneous number of marriages celebrated was intentionally placed by complainant Sambo; that the number of marriages solemnized should not be based on solemnization fees paid for that month since not all the marriages paid for are solemnized in the same month. He claims that there were actually only six (6) documents notarized in the month of July, 1992 which tallied with the official receipts issued

by the clerk of court; that it is Sambo who should be held accountable for any unreceipted payment for notarial fees because he is the one in charge of the Notarial Register; and that this case filed by complainant Sambo is merely in retaliation for his failure to be appointed as the clerk of court. Furthermore, respondent judge contends that he is not the one supervising or preparing the monthly report, and that he merely has the ministerial duty to sign the same. 3. Bribery in consideration of an appointment in the court Complainants allege that because of the retirement of the clerk of court, respondent judge forwarded to the Supreme Court the applications of Rodel Abogado, Ramon Sambo, and Jessell Abiog. However, they were surprised when respondent Baroy reported for duty as clerk of court on October 21, 1991. They later found out that respondent Baroy was the one appointed because she gave a brand-new air-conditioning unit to respondent judge. Respondent Baroy claims that when she was still in Naga City she purchased an air-conditioning unit but when she was appointed clerk of court she had to transfer to Tinambac and, since she no longer needed the air conditioner, she decided to sell the same to respondent judge. The installation and use thereof by the latter in his office was with the consent of the Mayor of Tinambac. Respondent judge contends that he endorsed all the applications for the position of clerk of court to the Supreme Court which has the sole authority over such appointments and that he had no hand in the appointment of respondent Baroy. He contends that the air-conditioning unit was bought from his co-respondent on installment basis on May 29, 1992, eight (8) months after Baroy had been appointed clerk of court. He claims that he would not be that naive to exhibit to the public as item which could not be defended as a matter of honor and prestige. 4. Cash bond issued without a receipt It is alleged that in Criminal Case No. 5438, entitled "People vs. Mendeza, et al., "bondswoman Januaria Dacara was allowed by respondent judge to change her property bond to cash bond; that she paid the amount of P1,000.00 but was never issued a receipt therefor nor was it made to appear in the records that the bond has been paid; that despite the lapse of two years, the money was never returned to the bondswoman; and that it has not been shown that the money was turned over to the Municipal Treasurer of Tinambac. Respondent Baroy counters that the cash bond was deposited with the former clerk of court, then turned over to the acting clerk of court and, later, given to her under a corresponding receipt; that the cash bond is deposited with the bank; and that should the bondswoman desire to withdraw the same, she should follow the proper procedure therefor. Respondent judge contends that Criminal Case No. 5438 was archieved for failure of the bondsman to deliver the body of the accused in court despite notice; and that he has nothing to do with the payment of the cash bond as this is the duty of the clerk of court. 5. Infidelity in the custody of prisoners Complainants contend that respondent judge usually got detention prisoners to work in his house, one of whom was Alex Alano, who is accused in Criminal Case No. 5647 for violation of the Dangerous Drugs Act; that while Alano was in the custody of respondent judge, the former escaped and was never recaptured; that in order to conceal this fact, the case was archived pursuant to an order issued by respondent judge dated April 6, 1992. Respondent judge denied the accusation and claims that he never employed detention prisoners and that he has adequate household help; and that he had to order the case archived

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because it had been pending for more than six (6) months and the accused therein remained at large. 6. Unlawful collection of docket fees Finally, respondents are charged with collecting docket fees from the Rural Bank of Tinambac, Camarines Sur, Inc. although such entity is exempt by law from the payment of said fees, and that while the corresponding receipt was issued, respondent Baroy failed to remit the amount to the Supreme Court and, instead, she deposited the same in her personal account. Respondents Baroy contends that it was Judge-Designate Felimon Montenegro (because respondent judge was on sick leave) who instructed her to demand payment of docket fees from said rural bank; that the bank issued a check for P800.00; that she was not allowed by the Philippine National Bank to encash the check and, instead, was instructed to deposit the same in any bank account for clearing; that respondent deposited the same in her account; and that after the check was cleared, she remitted P400.00 to the Supreme Court and the other P400.00 was paid to the Municipal Treasurer of Tinambac. On the basis of the foregoing contentions, First Vice-Executive Judge Antonio N. Gerona prepared and submitted to us his Report and Recommendations dated May 20, 1994, together with the administrative matter. We have perspicaciously reviewed the same and we are favorably impressed by the thorough and exhaustive presentation and analysis of the facts and evidence in said report. We commend the investigating judge for his industry and perspicacity reflected by his findings in said report which, being amply substantiated by the evidence and supported by logical illations, we hereby approve and hereunder reproduce at length the material portions thereof. xxx xxx xxx The first charge against the respondents is illegal solemnization of marriage. Judge Palaypayon is charged with having solemnized without a marriage license the marriage of Sammy Bocaya and Gina Besmonte (Exh. A). Alano Abellano and Nelly Edralin (Exh. B), Francisco Selpo and Julieta Carrido (Exh. C), Eddie Terrobias and Maria Emma Gaor (Exh. D), Renato Gamay and Maricris Belga (Exh. F) and Arsenio Sabater and Margarita Nacario (Exh. G). In all these aforementioned marriages, the blank space in the marriage contracts to show the number of the marriage was solemnized as required by Article 22 of the Family Code were not filled up. While the contracting parties and their witnesses signed their marriage contracts, Judge Palaypayon did not affix his signature in the marriage contracts, except that of Abellano and Edralin when Judge Palaypayon signed their marriage certificate as he claims that he solemnized this marriage under Article 34 of the Family Code of the Philippines. In said marriages the contracting parties were not furnished a copy of their marriage contract and the Local Civil Registrar was not sent either a copy of the marriage certificate as required by Article 23 of the Family Code. The marriage of Bocaya and Besmonte is shown to have been solemnized by Judge Palaypayon without a marriage license. The testimonies of Bocay himself and Pompeo Ariola, one of the witnesses of the marriage of Bocaya and Besmonte, and the photographs taken when Judge Palaypayon solemnized their marriage (Exhs. K-3 to K-9) sufficiently show that Judge Palaypayon really solemnized their marriage. Bocaya declared that they were advised by Judge Palaypayon to return after ten (10) days after their marriage was solemnized and bring with them their marriage license. In the meantime, they already started living together as

husband and wife believing that the formal requisites of marriage were complied with. Judge Palaypayon denied that he solemnized the marriage of Bocaya and Besmonte because the parties allegedly did not have a marriage license. He declared that in fact he did not sign the marriage certificate, there was no date stated on it and both the parties and the Local Civil Registrar did not have a copy of the marriage certificate. With respect to the photographs which show that he solemnized the marriage of Bocaya and Besmonte, Judge Palaypayon explains that they merely show as if he was solemnizing the marriage. It was actually a simulated solemnization of marriage and not a real one. This happened because of the pleading of the mother of one of the contracting parties that he consent to be photographed to show that as if he was solemnizing the marriage as he was told that the food for the wedding reception was already prepared, visitors were already invited and the place of the parties where the reception would be held was more than twenty (20) kilometers away from the poblacion of Tinambac. The denial made by Judge Palaypayon is difficult to believe. The fact alone that he did not sign the marriage certificate or contract, the same did not bear a date and the parties and the Local Civil Registrar were not furnished a copy of the marriage certificate, do not by themselves show that he did not solemnize the marriage. His uncorroborated testimony cannot prevail over the testimony of Bocaya and Ariola who also declared, among others, that Bocaya and his bride were advised by Judge Palaypayon to return after ten (10) days with their marriage license and whose credibility had not been impeached. The pictures taken also from the start of the wedding ceremony up to the signing of the marriage certificate in front of Judge Palaypayon and on his table (Exhs. K-3, K3-a, K-3-b, K-3-c, K-4, K-4-a, K-4-b, K-4-c, K-4-d, K-5, K-5-a, K-5-b, K-6, K-7, K-8, K-8-a and K-9), cannot possibly be just to show a simulated solemnization of marriage. One or two pictures may convince a person of the explanation of Judge Palaypayon, but not all those pictures. Besides, as a judge it is very difficult to believe that Judge Palaypayon would allows himself to be photographed as if he was solemnizing a marriage on a mere pleading of a person whom he did not even know for the alleged reasons given. It would be highly improper and unbecoming of him to allow himself to be used as an instrument of deceit by making it appear that Bocaya and Besmonte were married by him when in truth and in fact he did not solemnize their marriage. With respect to the marriage of Abellano and Edralin (Exh. B), Judge Palaypayon admitted that he solemnized their marriage, but he claims that it was under Article 34 of the Family Code, so a marriage license was not required. The contracting parties here executed a joint affidavit that they have been living together as husband and wife for almost six (6) years already (Exh. 12; Exh. AA). In their marriage contract which did not bear any date either when it was solemnized, it was stated that Abellano was only eighteen (18) years, two (2) months and seven (7) days old. If he and Edralin had been living together as husband and wife for almost six (6) years already before they got married as they stated in their joint affidavit, Abellano must ha(ve) been less than thirteen (13) years old when he started living with Edralin as his wife and this is hard to believe. Judge Palaypayon should ha(ve) been aware of this when he

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solemnized their marriage as it was his duty to ascertain the qualification of the contracting parties who might ha(ve) executed a false joint affidavit in order to have an instant marriage by avoiding the marriage license requirement. On May 23, 1992, however, after this case was already filed, Judge Palaypayon married again Abellano and Edralin, this time with a marriage license (Exh. BB). The explanation given by Judge Palaypayon why he solemnized the marriage of the same couple for the second time is that he did not consider the first marriage he solemnized under Article 34 of the Family Code as (a) marriage at all because complainant Ramon Sambo did not follow his instruction that the date should be placed in the marriage certificate to show when he solemnized the marriage and that the contracting parties were not furnished a copy of their marriage certificate. This act of Judge Palaypayon of solemnizing the marriage of Abellano and Edralin for the second time with a marriage license already only gave rise to the suspicion that the first time he solemnized the marriage it was only made to appear that it was solemnized under exceptional character as there was not marriage license and Judge Palaypayon had already signed the marriage certificate. If it was true that he solemnized the first marriage under exceptional character where a marriage license was not required, why did he already require the parties to have a marriage license when he solemnized their marriage for the second time? The explanation of Judge Palaypayon that the first marriage of Abellano and Edralin was not a marriage at all as the marriage certificate did not state the date when the marriage was solemnized and that the contracting parties were not furnished a copy of their marriage certificate, is not well taken as they are not any of those grounds under Article(s) 35, 36, 37 and 38 of the Family Code which declare a marriage void from the beginning. Even if no one, however, received a copy of the marriage certificate, the marriage is still valid (Jones vs. H(o)rtiguela, 64 Phil. 179). Judge Palaypayon cannot just absolve himself from responsibility by blaming his personnel. They are not the guardian(s) of his official function and under Article 23 of the Family Code it is his duty to furnish the contracting parties (a) copy of their marriage contract. With respect to the marriage of Francisco Selpo and Julieta Carrido (Exh. C), and Arsenio Sabater and Margarita Nacario (Exh. G), Selpo and Carrido and Sabater and Nacarcio executed joint affidavits that Judge Palaypayon did not solemnize their marriage (Exh. 13-A and Exh. 1). Both Carrido and Nacario testified for the respondents that actually Judge Palaypayon did not solemnize their marriage as they did not have a marriage license. On cross-examination, however, both admitted that they did not know who prepared their affidavits. They were just told, Carrido by a certain Charito Palaypayon, and Nacario by a certain Kagawad Encinas, to just go to the Municipal building and sign their joint affidavits there which were already prepared before the Municipal Mayor of Tinambac, Camarines Sur. With respect to the marriage of Renato Gamay and Maricris Belga (Exh. f), their marriage contract was signed by them and by their two (2) witnesses, Atty. Elmer Brioso and respondent Baroy (Exhs. F-1 and F-2). Like the other aforementioned marriages, the solemnization fee was also paid as shown by a receipt dated June 7, 1992 and signed by respondent Baroy (Exh. F-4).

Judge Palaypayon also denied having solemnized the marriage of Gamay and Belga allegedly because there was no marriage license. On her part, respondent Baroy at first denied that the marriage was solemnized. When she was asked, however, why did she sign the marriage contract as a witness she answered that she thought the marriage was already solemnized (TSN, p. 14; 10-2893). Respondent Baroy was, and is, the clerk of court of Judge Palaypayon. She signed the marriage contract of Gamay and Belga as one of the two principal sponsors. Yet, she wanted to give the impression that she did not even know that the marriage was solemnized by Judge Palaypayon. This is found very difficult to believe. Judge Palaypayon made the same denial of having solemnized also the marriage of Terrobias and Gaor (Exh. D). The contracting parties and their witnesses also signed the marriage contract and paid the solemnization fee, but Judge Palaypayon allegedly did not solemnize their marriage due to lack of marriage license. Judge Palaypayon submitted the affidavit of William Medina, Vice-Mayor of Tinambac, to corroborate his testimony (Exh. 14). Medina, however, did not testify in this case and so his affidavit has no probative value. Judge Palaypayon testified that his procedure and practice have been that before the contracting parties and their witnesses enter his chamber in order to get married, he already required complainant Ramon Sambo to whom he assigned the task of preparing the marriage contract, to already let the parties and their witnesses sign their marriage contracts, as what happened to Gamay and Belga, and Terrobias and Gaor, among others. His purpose was to save his precious time as he has been solemnizing marriages at the rate of three (3) to four (4) times everyday (TSN, p. 12; 2-1-94). This alleged practice and procedure, if true, is highly improper and irregular, if not illegal, because the contracting parties are supposed to be first asked by the solemnizing officer and declare that they take each other as husband and wife before the solemnizing officer in the presence of at least two (2) witnesses before they are supposed to sign their marriage contracts (Art. 6, Family Code). The uncorroborated testimony, however, of Judge Palaypayon as to his alleged practice and procedure before solemnizing a marriage, is not true as shown by the picture taken during the wedding of Bocaya and Besmonte (Exhs. K-3 to K-9) and by the testimony of respondent Baroy herself who declared that the practice of Judge Palaypayon ha(s) been to let the contracting parties and their witnesses sign the marriage contract only after Judge Palaypayon has solemnized their marriage (TSN, p. 53; 10-28-93). Judge Palaypayon did not present any evidence to show also that he was really solemnizing three (3) to four (4) marriages everyday. On the contrary his monthly report of cases for July, 1992 shows that his court had only twenty-seven (27) pending cases and he solemnized only seven (7) marriages for the whole month (Exh. E). His monthly report of cases for September, 1992 shows also that he solemnized only four (4) marriages during the whole month (Exh. 7). In this first charge of having illegally solemnized marriages, respondent Judge Palaypayon has presented and marked in evidence several marriage contracts of other persons, affidavits of persons and certification issued by the Local Civil Registrar (Exhs. 12-B to 12-H).

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These persons who executed affidavits, however, did not testify in this case. Besides, the marriage contracts and certification mentioned are immaterial as Judge Palaypayon is not charged of having solemnized these marriages illegally also. He is not charged that the marriages he solemnized were all illegal. The second charge against herein respondents, that of having falsified the monthly report of cases submitted to the Supreme Court and not stating in the monthly report the actual number of documents notarized and issuing the corresponding receipts of the notarial fees, have been sufficiently proven by the complainants insofar as the monthly report of cases for July and September, 1992 are concerned. The monthly report of cases of the MTC of Tinambac, Camarines Sur for July, 1992 both signed by the respondents, show that for said month there were six (6) documents notarized by Judge Palaypayon in his capacity as Ex-Officio Notary Public (Exhs. H to H-1-b). The notarial register of the MTC of Tinambac, Camarines Sur, however, shows that there were actually one hundred thirteen (113) documents notarized by Judge Palaypayon for the said month (Exhs. Q to Q-45). Judge Palaypayon claims that there was no falsification of the monthly report of cases for July, 1992 because there were only six (6) notarized documents that were paid (for) as shown by official receipts. He did not, however, present evidence of the alleged official receipts showing that the notarial fee for the six (6) documetns were paid. Besides, the monthly report of cases with respect to the number of documents notarized should not be based on how many notarized documents were paid of the notarial fees, but the number of documents placed or recorded in the notarial register. Judge Palaypayon admitted that he was not personally verifying and checking anymore the correctness of the monthly reports because he relies on his co-respondent who is the Clerk of Court and whom he has assumed to have checked and verified the records. He merely signs the monthly report when it is already signed by respondent Baroy. The explanation of Judge Palaypayon is not well taken because he is required to have close supervision in the preparation of the monthly report of cases of which he certifies as to their correctness. As a judge he is personally responsible for the proper discharge of his functions (The Phil. Trial Lawyer's Asso. Inc. vs. Agana, Sr., 102 SCRA 517). In Nidera vs. Lazaro, 174 SCRA 581, it was held that "A judge cannot take refuge behind the inefficiency or mismanagement of his court personnel." On the part of respondent Baroy, she puts the blame of the falsification of the monthly report of cases on complainant Sambo whom she allegedly assigned to prepare not only the monthly report of cases, but the preparation and custody of marriage contracts, notarized documents and the notarial register. By her own admission she has assigned to complainant Sambo duties she was supposed to perform, yet according to her she never bother(ed) to check the notarial register of the court to find out the number of documents notarized in a month (TSN, p. 30; 11-23-93). Assuming that respondent Baroy assigned the preparation of the monthly report of cases to Sambo, which was denied by the latter as he claims that he only typed the monthly report based on the data given to him by her, still it is her duty to verify and check whether the report is correct.

The explanation of respondent Baroy that Sambo was the one in custody of marriage contracts, notarized documents and notarial register, among other things, is not acceptable not only because as clerk of court she was supposed to be in custody, control and supervision of all court records including documents and other properties of the court (p. 32, Manual for Clerks of Court), but she herself admitted that from January, 1992 she was already in full control of all the records of the court including receipts (TSN, p. 11; 11-23-93). The evidence adduced in this cases in connection with the charge of falsification, however, also shows that respondent Baroy did not account for what happened to the notarial fees received for those documents notarized during the month of July and September, 1992. The evidence adduced in this case also sufficiently show that she received cash bond deposits and she did not deposit them to a bank or to the Municipal Treasurer; and that she only issued temporary receipts for said cash bond deposits. For July, 1992 there were only six (6) documents reported to have been notarized by Judge Palaypayon although the documents notarized for said month were actually one hundred thirteen (113) as recorded in the notarial register. For September, 1992, there were only five (5) documents reported as notarized for that month, though the notarial register show(s) that there were fifty-six (56) documents actually notarized. The fee for each document notarized as appearing in the notarial register was P18.50. Respondent Baroy and Sambo declared that what was actually being charged was P20.00. Respondent Baroy declared that P18.50 went to the Supreme Court and P1.50 was being turned over to the Municipal Treasurer. Baroy, however, did not present any evidence to show that she really sent to the Supreme Court the notarial fees of P18.50 for each document notarized and to the Municipal Treasurer the additional notarial fee of P1.50. This should be fully accounted for considering that Baroy herself declared that some notarial fees were allowed by her at her own discretion to be paid later. Similarly, the solemnization fees have not been accounted for by Baroy considering that she admitted that even (i)n those instances where the marriages were not solemnized due to lack of marriage license the solemnization fees were not returned anymore, unless the contracting parties made a demand for their return. Judge Palaypayon declared that he did not know of any instance when solemnization fee was returned when the marriage was not solemnized due to lack of marriage license. Respondent Baroy also claims that Ramon Sambo did not turn over to her some of the notarial fees. This is difficult to believe. It was not only because Sambo vehemently denied it, but the minutes of the conference of the personnel of the MTC of Tinambac dated January 20, 1992 shows that on that date Baroy informed the personnel of the court that she was taking over the functions she assigned to Sambo, particularly the collection of legal fees (Exh. 7). The notarial fees she claims that Sambo did not turn over to her were for those documents notarized (i)n July and September, 1992 already. Besides there never was any demand she made for Sambo to turn over some notarial fees supposedly in his possession. Neither was there any memorandum she issued on this matter, in spite of the fact that she has been holding meetings and issuing memoranda to the personnel of the court (Exhs. V, W, FF, FF-1, FF-2, FF-3; Exhs. 4-A (supplement(s), 5-8, 6-S, 7-S and 8-S). It is admitted by respondent Baroy that on October 29, 1991 a cash bond deposit of a certain Dacara in the

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amount of One Thousand (P1,000.00) Pesos was turned over to her after she assumed office and for this cash bond she issued only a temporary receipt (Exh. Y). She did not deposit this cash bond in any bank or to the Municipal Treasurer. She just kept it in her own cash box on the alleged ground that the parties in that case where the cash bond was deposited informed her that they would settle the case amicably. Respondent Baroy declared that she finally deposited the aforementioned cash bond of One Thousand (P1,000.00) Pesos with the Land Bank of the Philippines (LBP) in February, 1993, after this administrative case was already filed (TSN, pp. 27-28; 12-22-93). The Pass Book, however, shows that actually Baroy opened an account with the LBP, Naga Branch, only on March 26, 1993 when she deposited an amount of Two Thousand (P2,000.00) Pesos (Exhs. 8 to 8-1-a). She claims that One Thousand (P1,000.000) Pesos of the initial deposit was the cash bond of Dacara. If it were true, it was only after keeping to herself the cash bond of One Thousand (P1,000.00) Pesos for around one year and five months when she finally deposited it because of the filing of this case. On April 29, 1993, or only one month and two days after she finally deposited the One Thousand (P1,000.00) Pesos cash bond of Dacara, she withdrew it from the bank without any authority or order from the court. It was only on July 23, 1993, or after almost three (3) months after she withdrew it, when she redeposited said cash bond (TSN, p. 6; 1-4-94). The evidence presented in this case also show that on February 28, 1993 respondent Baroy received also a cash bond of Three Thousand (P3,000.00) Pesos from a certain Alfredo Seprones in Crim. Case No. 5180. For this cash bond deposit, respondent Baroy issued only an annumbered temporary receipt (Exh. X and X-1). Again Baroy just kept this Three Thousand (P3,000.00) Pesos cash bond to herself. She did not deposit it either (in) a bank or (with) the Municipal Treasurer. Her explanation was that the parties in Crim. Case No. 5180 informed her that they would settle the case amicably. It was on April 26, 1993, or almost two months later when Judge Palaypayon issued an order for the release of said cash bond (Exh. 7). Respondent Baroy also admitted that since she assumed office on October 21, 1991 she used to issue temporary receipt only for cash bond deposits and other payments and collections she received. She further admitted that some of these temporary receipts she issued she failed to place the number of the receipts such as that receipt marked Exhibit X (TSN, p. 35; 11-23-93). Baroy claims that she did not know that she had to use the official receipts of the Supreme Court. It was only from February, 1993, after this case was already filed, when she only started issuing official receipts. The next charge against the respondents is that in order to be appointed Clerk of Court, Baroy gave Judge Palaypayon an air conditioner as a gift. The evidence adduced with respect to this charge, show that on August 24, 1991 Baroy bought an air conditioner for the sum of Seventeen Thousand Six Hundred (P17,600.00) Pesos (Exhs. I and I-1). The same was paid partly in cash and in check (Exhs. I-2 and I-3). When the air conditioner was brought to court in order to be installed in the chamber of Judge Palaypayon, it was still placed in the same box when it was bought and was not used yet. The respondents claim that Baroy sold it to Judge Palaypayon for Twenty Thousand (P20,00.00) Pesos on installment basis with a down payment of Five Thousand (P5,000.00) Pesos and as proof thereof the

respondents presented a typewritten receipt dated May 29, 1993 (Exh. 22). The receipt was signed by both respondents and by the Municipal Mayor of Tinambac, Camarines Sur and another person as witness. The alleged sale between respondents is not beyond suspicion. It was bought by Baroy at a time when she was applying for the vacant position of Clerk of Court (to) which she was eventually appointed in October, 1991. From the time she bought the air conditioner on August 24, 1991 until it was installed in the office of Judge Palaypayon it was not used yet. The sale to Judge Palaypayon was only evidenced by a mere typewritten receipt dated May 29, 1992 when this case was already filed. The receipt could have been easily prepared. The Municipal Mayor of Tinambac who signed in the receipt as a witness did not testify in this case. The sale is between the Clerk of Court and the Judge of the same court. All these circumstances give rise to suspicion of at least impropriety. Judges should avoid such action as would subject (them) to suspicion and (their) conduct should be free from the appearance of impropriety (Jaagueta vs. Boncasos, 60 SCRA 27). With respect to the charge that Judge Palaypayon received a cash bond deposit of One Thousand (P1,000.00) Pesos from Januaria Dacara without issuing a receipt, Dacara executed an affidavit regarding this charge that Judge Palaypayon did not give her a receipt for the P1,000.00 cash bond she deposited (Exh. N). Her affidavit, however, has no probative value as she did not show that this cash bond of P1,000.00 found its way into the hands of respondent Baroy who issued only a temporary receipt for it and this has been discussed earlier. Another charge against Judge Palaypayon is the getting of detention prisoners to work in his house and one of them escaped while in his custody and was never found again. To hide this fact, the case against said accused was ordered archived by Judge Palaypayon. The evidence adduced with respect to this particular charge, show that in Crim. Case No. 5647 entitled People vs. Stephen Kalaw, Alex Alano and Allan Adupe, accused Alex Alano and Allan Adupe were arrested on April 12, 1991 and placed in the municipal jail of Tinambac, Camarines Sur (Exhs. 0, 0-1, 0-2 and 0-3; Exh. 25). The evidence presented that Alex Alano was taken by Judge Palaypayon from the municipal jail where said accused was confined and that he escaped while in custody of Judge Palaypayon is solely testimonial, particularly that of David Ortiz, a former utility worker of the MTC of Tinambac. Herein investigator finds said evidence not sufficient. The complainants should have presented records from the police of Tinambac to show that Judge Palaypayon took out from the municipal jail Alex Alano where he was under detention and said accused escaped while in the custody of Judge Palaypayon. The order, however, of Judge Palaypayon dated April 6, 1992 in Crim. Case No. 5047 archiving said case appears to be without basis. The order states: "this case was filed on April 12, 1991 and the records show that the warrant of arrest (was) issued against the accused, but up to this moment there is no return of service for the warrant of arrest issued against said accused" (Exh. 04). The records of said case, however, show that in fact there was a return of the service of the warrant of arrest dated April 12, 1991 showing that Alano and Adupe were arrested (Exh. 0-3). Judge Palaypayon explained that his order dated April 6, 1992 archiving Crim. Case No. 5047 referred only to one of the accused who remained at large. The explanation cannot be accepted because the two other accused,

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Alano and Adupe, were arrested. Judge Palaypayon should have issued an order for the arrest of Adupe who allegedly jumped bail, but Alano was supposed to be confined in the municipal jail if his claim is true that he did not take custody of Alano. The explanation also of Judge Palaypayon why he ordered the case archived was because he heard from the police that Alano escaped. This explanation is not acceptable either. He should ha(ve) set the case and if the police failed to bring to court Alano, the former should have been required to explain in writing why Alano was not brought to court. If the explanation was that Alano escaped from jail, he should have issued an order for his arrest. It is only later on when he could not be arrested when the case should have been ordered archived. The order archiving this case for the reason that he only heard that Alano escaped is another circumstance which gave rise to a suspicion that Alano might have really escaped while in his custody only that the complainants could not present records or other documentary evidence to prove the same. The last charge against the respondents is that they collected filing fees on collection cases filed by the Rural Bank of Tinambac, Camarines Sur which was supposed to be exempted in paying filing fees under existing laws and that the filing fees received was deposited by respondent Baroy in her personal account in the bank. The evidence presented show that on February 4, 1992 the Rural Bank of Tinambac filed ten (10) civil cases for collection against farmers and it paid the total amount of Four Hundred (P400.00) Pesos representing filing fees. The complainants cited Section 14 of Republic Act 720, as amended, which exempts Rural Banks (from) the payment of filing fees on collection of sums of money cases filed against farmers on loans they obtained. Judge Palaypayon, however, had nothing to do with the payment of the filing fees of the Rural Bank of Tinambac as it was respondent Baroy who received them and besides, on February 4, 1992, he was on sick leave. On her part Baroy claims that the bank paid voluntarily the filing fees. The records, however, shows that respondent Baroy sent a letter to the manager of the bank dated January 28, 1992 to the effect that if the bank would not pay she would submit all Rural Bank cases for dismissal (Annex 6, comment by respondent Baroy). Respondent Baroy should have checked whether the Rural Bank of Tinambac was really exempt from the payment of filing fees pursuant to Republic Act 720, as amended, instead of threatening the bank to have its cases be submitted to the court in order to have them dismissed. Here the payment of the filing fees was made on February 4, 1992, but the Four Hundred (P400.00) Pesos was only turned over to the Municipal Treasurer on March 12, 1992. Here, there is an undue delay again in complying with her obligation as accountable officer. In view of the foregoing findings that the evidence presented by the complainants sufficiently show that respondent Judge Lucio P. Palaypayon, Jr. had solemnized marriages, particularly that of Sammy Bocaya and Gina Besmonte, without a marriage license, and that it having been shown that he did not comply with his duty in closely supervising his clerk of court in the preparation of the monthly report of cases being submitted to the Supreme Court, particularly for the months of July and September, 1992 where it has been proven that the reports for said two (2) months were falsified with respect to the number of documents notarized, it is respectfully recommended that he be imposed a fine of TEN THOUSAND (P10,000.00) PESOS

with a warning that the same or similar offenses will be more severely dealt with. The fact that Judge Palaypayon did not sign the marriage contracts or certificates of those marriages he solemnized without a marriage license, there were no dates placed in the marriage contracts to show when they were solemnized, the contracting parties were not furnished their marriage contracts and the Local Civil Registrar was not being sent any copy of the marriage contract, will not absolve him from liability. By solemnizing alone a marriage without a marriage license he as the solemnizing officer is the one responsible for the irregularity in not complying (with) the formal requ(i)sites of marriage and under Article 4(3) of the Family Code of the Philippines, he shall be civilly, criminally and administratively liable. Judge Palaypayon is likewise liable for his negligence or failure to comply with his duty of closely supervising his clerk of court in the performance of the latter's duties and functions, particularly the preparation of the monthly report of cases (Bendesula vs. Laya, 58 SCRA 16). His explanation that he only signed the monthly report of cases only when his clerk of court already signed the same, cannot be accepted. It is his duty to closely supervise her, to check and verify the records if the monthly reports prepared by his clerk of court do not contain false statements. It was held that "A judge cannot take refuge behind the inefficiency or incompetence of court personnel (Nidua vs. Lazaro, 174 SCRA 158). In view also of the foregoing finding that respondent Nelia Esmeralda-Baroy, the clerk of court of the Municipal Trial Court of Tinambac, Camarines Sur, has been found to have falsified the monthly report of cases for the months of July and September, 1992 with respect to the number of documents notarized, for having failed to account (for) the notarial fees she received for said two (2) months period; for having failed to account (for) the solemnization fees of those marriages allegedly not solemnized, but the solemnization fees were not returned; for unauthorized issuance of temporary receipts, some of which were issued unnumbered; for receiving the cash bond of Dacara on October 29, 1991 in the amount of One Thousand (P1,000.00) Pesos for which she issued only a temporary receipt (Exh. Y) and for depositing it with the Land Bank of the Philippines only on March 26, 1993, or after one year and five months in her possession and after this case was already filed; for withdrawing said cash bond of One Thousand (P1,000.00) Pesos on April 29, 1993 without any court order or authority and redepositing it only on July 23, 1993; for receiving a cash bond of Three Thousand (P3,000.00) Pesos from Alfredo Seprones in Crim. Case No. 5180, MTC, Tinambac, Camarines Sur, for which she issued only an unnumbered temporary receipt (Exhs. X and X-1) and for not depositing it with a bank or with the Municipal Treasurer until it was ordered released; and for requiring the Rural Bank of Tinambac, Camarines Sur to pay filing fees on February 4, 1992 for collection cases filed against farmers in the amount of Four Hundred (P400.00) Pesos, but turning over said amount to the Municipal Treasurer only on March 12, 1992, it is respectfully recommended that said respondent clerk of court Nelia Esmeralda-Baroy be dismissed from the service. It is provided that "Withdrawal of court deposits shall be by the clerk of court who shall issue official receipt to the provincial, city or municipal treasurer for the amount withdrawn. Court deposits cannot be withdrawn except by order of the court, . . . ." (Revised Manual of Instructions for Treasurers, Sec. 183, 184 and 626; p. 127, Manual for Clerks of Court). A circular also provides that the Clerks of Court shall immediately

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issue an official receipt upon receipt of deposits from party litigants and thereafter deposit intact the collection with the municipal, city or provincial treasurer and their deposits, can only be withdrawn upon proper receipt and order of the Court (DOJ Circular No. 52, 26 April 1968; p. 136, Manual for Clerks of Court). Supreme Court Memorandum Circular No. 5, 25 November 1982, also provides that "all collections of funds of fiduciary character including rental deposits, shall be deposited immediately by the clerk of court concerned upon receipt thereof with City, Municipal or Provincial Treasurer where his court is located" and that "no withdrawal of any of such deposits shall be made except upon lawful order of the court exercising jurisdiction over the subject matter. Respondent Baroy had either failed to comply with the foregoing circulars, or deliberately disregarded, or even intentionally violated them. By her conduct, she demonstrated her callous unconcern for the obligations and responsibility of her duties and functions as a clerk of court and accountable officer. The gross neglect of her duties shown by her constitute(s) a serious misconduct which warrant(s) her removal from office. In the case of Belen P. Ferriola vs. Norma Hiam, Clerk of Court, MTCC, Branch I, Batangas City; A.M. No. P-90414; August 9, 1993, it was held that "The clerk of court is not authorized to keep funds in his/her custody; monies received by him/her shall be deposited immediately upon receipt thereof with the City, Municipal or Provincial Treasurer. Supreme Court Circular Nos. 5 dated November 25, 1982 and 5-A dated December 3, 1982. Respondent Hiam's failure to remit the cash bail bonds and fine she collected constitutes serious misconduct and her misappropriation of said funds constitutes dishonesty. "Respondent Norma Hiam was found guilty of dishonesty and serious misconduct prejudicial to the best interest of the service and (the Court) ordered her immediate dismissal (from) the service. xxx xxx xxx We here emphasize once again our adjuration that the conduct and behavior of everyone connected with an office charged with the dispensation of justice, from the presiding judge to the lowliest clerk, should be circumscribed with the heavy burden of responsibility. His conduct, at all times, must not only be characterized by propriety and decorum but, above all else, must be beyond suspicion. Every employee should be an example of integrity, uprightness and honesty. 5 Integrity in a judicial office is more than a virtue, it is a necessity. 6 It applies, without qualification as to rank or position, from the judge to the least of its personnel, they being standard-bearers of the exacting norms of ethics and morality imposed upon a Court of justice. On the charge regarding illegal marriages the Family Code pertinently provides that the formal requisites of marriage are, inter alia, a valid marriage license except in the cases provided for therein. 7 Complementarily, it declares that the absence of any of the essential or formal requisites shall generally render the marriage void ab initio and that, while an irregularity in the formal requisites shall not affect the validity of the marriage, the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable. 8 The civil aspect is addressed to the contracting parties and those affected by the illegal marriages, and what we are providing for herein pertains to the administrative liability of respondents, all without prejudice to their criminal responsibility. The Revised Penal Code provides that "(p)riests or ministers of any religious denomination or sect, or civil authorities who shall perform or authorize any illegal marriage ceremony shall be punished in accordance with the provisions of the Marriage Law." 9 This is of course, within the province of the prosecutorial agencies of the Government.

The recommendation with respect to the administrative sanction to be imposed on respondent judge should, therefore, be modified. For one, with respect to the charge of illegal solemnization of marriages, it does appear that he had not taken to heart, but actually trifled with, the law's concern for the institution of marriage and the legal effects flowing from civil status. This, and his undeniable participation in the other offenses charged as hereinbefore narrated in detail, approximate such serious degree of misconduct and of gross negligence in the performance of judicial duties as to ineludibly require a higher penalty. WHEREFORE, the Court hereby imposes a FINE of P20,000.00 on respondent Judge Lucio P. Palaypayon. Jr., with a stern warning that any repetition of the same or similar offenses in the future will definitely be severely dealt with. Respondent Nelia Esmeralda-Baroy is hereby DISMISSED from the service, with forfeiture of all retirement benefits and with prejudice to employment in any branch, agency or instrumentality of the Government, including government-owned or controlled corporations. Let copies of this decision be spread on their records and furnished to the Office of the Ombudsman for appropriate action. SO ORDERED.

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A.M. No. MTJ-02-1390 April 11, 2002 (Formerly IPI No. 01-1049-MTJ) MERCEDITA MATA ARAES, petitioner, vs. JUDGE SALVADOR M. OCCIANO, respondent. PUNO, J.: Petitioner Mercedita Mata Araes charges respondent judge with Gross Ignorance of the Law via a sworn Letter-Complaint dated 23 May 2001. Respondent is the Presiding Judge of the Municipal Trial Court of Balatan, Camarines Sur. Petitioner alleges that on 17 February 2000, respondent judge solemnized her marriage to her late groom Dominador B. Orobia without the requisite marriage license and at Nabua, Camarines Sur which is outside his territorial jurisdiction. They lived together as husband and wife on the strength of this marriage until her husband passed away. However, since the marriage was a nullity, petitioner's right to inherit the "vast properties" left by Orobia was not recognized. She was likewise deprived of receiving the pensions of Orobia, a retired Commodore of the Philippine Navy.1wphi1.nt Petitioner prays that sanctions be imposed against respondent judge for his illegal acts and unethical misrepresentations which allegedly caused her so much hardships, embarrassment and sufferings. On 28 May 2001, the case was referred by the Office of the Chief Justice to then Acting Court Administrator Zenaida N. Elepao for appropriate action. On 8 June 2001, the Office of the Court Administrator required respondent judge to comment. In his Comment dated 5 July 2001, respondent judge averred that he was requested by a certain Juan Arroyo on 15 February 2000 to solemnize the marriage of the parties on 17 February 2000. Having been assured that all the documents to the marriage were complete, he agreed to solemnize the marriage in his sala at the Municipal Trial Court of Balatan, Camarines Sur. However, on 17 February 2000, Arroyo informed him that Orobia had a difficulty walking and could not stand the rigors of travelling to Balatan which is located almost 25 kilometers from his residence in Nabua. Arroyo then requested if respondent judge could solemnize the marriage in Nabua, to which request he acceded. Respondent judge further avers that before he started the ceremony, he carefully examined the documents submitted to him by petitioner. When he discovered that the parties did not possess the requisite marriage license, he refused to solemnize the marriage and suggested its resetting to another date. However, due to the earnest pleas of the parties, the influx of visitors, and the delivery of provisions for the occasion, he proceeded to solemnize the marriage out of human compassion. He also feared that if he reset the wedding, it might aggravate the physical condition of Orobia who just suffered from a stroke. After the solemnization, he reiterated the necessity for the marriage license and admonished the parties that their failure to give it would render the marriage void. Petitioner and Orobia assured respondent judge that they would give the license to him in the afternoon of that same day. When they failed to comply, respondent judge followed it up with Arroyo but the latter only gave him the same reassurance that the marriage license would be delivered to his sala at the Municipal Trial Court of Balatan, Camarines Sur. Respondent judge vigorously denies that he told the contracting parties that their marriage is valid despite the absence of a marriage license. He attributes the hardships and embarrassment suffered by the petitioner as due to her own fault and negligence. On 12 September 2001, petitioner filed her Affidavit of Desistance dated 28 August 2001 with the Office of the Court Administrator. She attested that respondent judge initially refused to solemnize her marriage due to the want of a duly

issued marriage license and that it was because of her prodding and reassurances that he eventually solemnized the same. She confessed that she filed this administrative case out of rage. However, after reading the Comment filed by respondent judge, she realized her own shortcomings and is now bothered by her conscience. Reviewing the records of the case, it appears that petitioner and Orobia filed their Application for Marriage License on 5 January 2000. It was stamped in this Application that the marriage license shall be issued on 17 January 2000. However, neither petitioner nor Orobia claimed it. It also appears that the Office of the Civil Registrar General issued a Certification that it has no record of such marriage that allegedly took place on 17 February 2000. Likewise, the Office of the Local Civil Registrar of Nabua, Camarines Sur issued another Certification dated 7 May 2001 that it cannot issue a true copy of the Marriage Contract of the parties since it has no record of their marriage. On 8 May 2001, petitioner sought the assistance of respondent judge so the latter could communicate with the Office of the Local Civil Registrar of Nabua, Camarines Sur for the issuance of her marriage license. Respondent judge wrote the Local Civil Registrar of Nabua, Camarines Sur. In a letter dated 9 May 2001, a Clerk of said office, Grace T. Escobal, informed respondent judge that their office cannot issue the marriage license due to the failure of Orobia to submit the Death Certificate of his previous spouse. The Office of the Court Administrator, in its Report and Recommendation dated 15 November 2000, found the respondent judge guilty of solemnizing a marriage without a duly issued marriage license and for doing so outside his territorial jurisdiction. A fine of P5,000.00 was recommended to be imposed on respondent judge. We agree. Under the Judiciary Reorganization Act of 1980, or B.P. 129, the authority of the regional trial court judges and judges of inferior courts to solemnize marriages is confined to their territorial jurisdiction as defined by the Supreme Court.1wphi1.nt The case at bar is not without precedent. In Navarro vs. Domagtoy,1 respondent judge held office and had jurisdiction in the Municipal Circuit Trial Court of Sta. Monica-Burgos, Surigao del Norte. However, he solemnized a wedding at his residence in the municipality of Dapa, Surigao del Norte which did not fall within the jurisdictional area of the municipalities of Sta. Monica and Burgos. We held that: "A priest who is commissioned and allowed by his local ordinance to marry the faithful is authorized to do so only within the area or diocese or place allowed by his Bishop. An appellate court Justice or a Justice of this Court has jurisdiction over the entire Philippines to solemnize marriages, regardless of the venue, as long as the requisites of the law are complied with. However, judges who are appointed to specific jurisdictions, may officiate in weddings only within said areas and not beyond. Where a judge solemnizes a marriage outside his court's jurisdiction, there is a resultant irregularity in the formal requisite laid down in Article 3, which while it may not affect the validity of the marriage, may subject the officiating official to administrative liability."2 (Emphasis supplied.) In said case, we suspended respondent judge for six (6) months on the ground that his act of solemnizing a marriage outside his jurisdiction constitutes gross ignorance of the law. We further held that: "The judiciary should be composed of persons who, if not experts, are at least, proficient in the law they are

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sworn to apply, more than the ordinary laymen. They should be skilled and competent in understanding and applying the law. It is imperative that they be conversant with basic legal principles like the ones involved in the instant case. x x x While magistrates may at times make mistakes in judgment, for which they are not penalized, the respondent judge exhibited ignorance of elementary provisions of law, in an area which has greatly prejudiced the status of married persons."3 In the case at bar, the territorial jurisdiction of respondent judge is limited to the municipality of Balatan, Camarines Sur. His act of solemnizing the marriage of petitioner and Orobia in Nabua, Camarines Sur therefore is contrary to law and subjects him to administrative liability. His act may not amount to gross ignorance of the law for he allegedly solemnized the marriage out of human compassion but nonetheless, he cannot avoid liability for violating the law on marriage. Respondent judge should also be faulted for solemnizing a marriage without the requisite marriage license. InPeople vs. Lara,4 we held that a marriage which preceded the issuance of the marriage license is void, and that the subsequent issuance of such license cannot render valid or even add an iota of validity to the marriage. Except in cases provided by law, it is the marriage license that gives the solemnizing officer the authority to solemnize a marriage. Respondent judge did not possess such authority when he solemnized the marriage of petitioner. In this respect, respondent judge acted in gross ignorance of the law.1wphi1.nt Respondent judge cannot be exculpated despite the Affidavit of Desistance filed by petitioner. This Court has consistently held in a catena of cases that the withdrawal of the complaint does not necessarily have the legal effect of exonerating respondent from disciplinary action. Otherwise, the prompt and fair administration of justice, as well as the discipline of court personnel, would be undermined.5 Disciplinary actions of this nature do not involve purely private or personal matters. They can not be made to depend upon the will of every complainant who may, for one reason or another, condone a detestable act. We cannot be bound by the unilateral act of a complainant in a matter which involves the Court's constitutional power to discipline judges. Otherwise, that power may be put to naught, undermine the trust character of a public office and impair the integrity and dignity of this Court as a disciplining authority.6 WHEREFORE, respondent Judge Salvador M. Occiano, Presiding Judge of the Municipal Trial Court of Balatan, Camarines Sur, is fined P5,000.00 pesos with a STERN WARNING that a repetition of the same or similar offense in the future will be dealt with more severely. SO ORDERED.

G.R. No. 145226

February 06, 2004

LUCIO MORIGO y CACHO, petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent. DECISION QUISUMBING, J.: This petition for review on certiorari seeks to reverse the decision1 dated October 21, 1999 of the Court of Appeals in CAG.R. CR No. 20700, which affirmed the judgment2 dated August 5, 1996 of the Regional Trial Court (RTC) of Bohol, Branch 4, in Criminal Case No. 8688. The trial court found herein petitioner Lucio Morigo y Cacho guilty beyond reasonable doubt of bigamy and sentenced him to a prison term of seven (7) months of prision correccional as minimum to six (6) years and one (1) day of prision mayor as maximum. Also assailed in this petition is the resolution3 of the appellate court, dated September 25, 2000, denying Morigos motion for reconsideration. The facts of this case, as found by the court a quo, are as follows: Appellant Lucio Morigo and Lucia Barrete were boardmates at the house of Catalina Tortor at Tagbilaran City, Province of Bohol, for a period of four (4) years (from 1974-1978). After school year 1977-78, Lucio Morigo and Lucia Barrete lost contact with each other. In 1984, Lucio Morigo was surprised to receive a card from Lucia Barrete from Singapore. The former replied and after an exchange of letters, they became sweethearts. In 1986, Lucia returned to the Philippines but left again for Canada to work there. While in Canada, they maintained constant communication. In 1990, Lucia came back to the Philippines and proposed to petition appellant to join her in Canada. Both agreed to get married, thus they were married on August 30, 1990 at the Iglesia de Filipina Nacional at Catagdaan, Pilar, Bohol. On September 8, 1990, Lucia reported back to her work in Canada leaving appellant Lucio behind. On August 19, 1991, Lucia filed with the Ontario Court (General Division) a petition for divorce against appellant which was granted by the court on January 17, 1992 and to take effect on February 17, 1992. On October 4, 1992, appellant Lucio Morigo married Maria Jececha Lumbago4 at the Virgen sa Barangay Parish, Tagbilaran City, Bohol. On September 21, 1993, accused filed a complaint for judicial declaration of nullity of marriage in the Regional Trial Court of Bohol, docketed as Civil Case No. 6020. The complaint seek (sic) among others, the declaration of nullity of accuseds marriage with Lucia, on the ground that no marriage ceremony actually took place. On October 19, 1993, appellant was charged with Bigamy in an Information5 filed by the City Prosecutor of Tagbilaran [City], with the Regional Trial Court of Bohol.6 The petitioner moved for suspension of the arraignment on the ground that the civil case for judicial nullification of his marriage

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with Lucia posed a prejudicial question in the bigamy case. His motion was granted, but subsequently denied upon motion for reconsideration by the prosecution. When arraigned in the bigamy case, which was docketed as Criminal Case No. 8688, herein petitioner pleaded not guilty to the charge. Trial thereafter ensued. On August 5, 1996, the RTC of Bohol handed down its judgment in Criminal Case No. 8688, as follows: WHEREFORE, foregoing premises considered, the Court finds accused Lucio Morigo y Cacho guilty beyond reasonable doubt of the crime of Bigamy and sentences him to suffer the penalty of imprisonment ranging from Seven (7) Months of Prision Correccional as minimum to Six (6) Years and One (1) Day of Prision Mayor as maximum. SO ORDERED.7 In convicting herein petitioner, the trial court discounted petitioners claim that his first marriage to Lucia was null and void ab initio. Following Domingo v. Court of Appeals,8 the trial court ruled that want of a valid marriage ceremony is not a defense in a charge of bigamy. The parties to a marriage should not be allowed to assume that their marriage is void even if such be the fact but must first secure a judicial declaration of the nullity of their marriage before they can be allowed to marry again. Anent the Canadian divorce obtained by Lucia, the trial court cited Ramirez v. Gmur,9 which held that the court of a country in which neither of the spouses is domiciled and in which one or both spouses may resort merely for the purpose of obtaining a divorce, has no jurisdiction to determine the matrimonial status of the parties. As such, a divorce granted by said court is not entitled to recognition anywhere. Debunking Lucios defense of good faith in contracting the second marriage, the trial court stressed that following People v. Bitdu,10 everyone is presumed to know the law, and the fact that one does not know that his act constitutes a violation of the law does not exempt him from the consequences thereof. Seasonably, petitioner filed an appeal with the Court of Appeals, docketed as CA-G.R. CR No. 20700. Meanwhile, on October 23, 1997, or while CA-G.R. CR No. 20700 was pending before the appellate court, the trial court rendered a decision in Civil Case No. 6020 declaring the marriage between Lucio and Lucia void ab initiosince no marriage ceremony actually took place. No appeal was taken from this decision, which then became final and executory. On October 21, 1999, the appellate court decided CA-G.R. CR No. 20700 as follows: WHEREFORE, finding no error in the appealed decision, the same is hereby AFFIRMED in toto. SO ORDERED.11 In affirming the assailed judgment of conviction, the appellate court stressed that the subsequent declaration of nullity of Lucios marriage to Lucia in Civil Case No. 6020 could not acquit Lucio. The reason is that what is sought to be punished by Article 34912 of the Revised Penal Code is the act of contracting a second marriage before the first marriage had been dissolved. Hence, the CA held, the fact that the first marriage was void from the beginning is not a valid defense in a bigamy case. The Court of Appeals also pointed out that the divorce decree obtained by Lucia from the Canadian court could not be accorded validity in the Philippines, pursuant to Article 1513 of the Civil Code and given the fact that it is contrary to public policy in this jurisdiction. Under Article 1714 of the Civil Code, a declaration of

public policy cannot be rendered ineffectual by a judgment promulgated in a foreign jurisdiction. Petitioner moved for reconsideration of the appellate courts decision, contending that the doctrine in Mendiola v. People,15 allows mistake upon a difficult question of law (such as the effect of a foreign divorce decree) to be a basis for good faith. On September 25, 2000, the appellate court denied the motion for lack of merit.16 However, the denial was by a split vote. The ponente of the appellate courts original decision in CA-G.R. CR No. 20700, Justice Eugenio S. Labitoria, joined in the opinion prepared by Justice Bernardo P. Abesamis. The dissent observed that as the first marriage was validly declared void ab initio, then there was no first marriage to speak of. Since the date of the nullity retroacts to the date of the first marriage and since herein petitioner was, in the eyes of the law, never married, he cannot be convicted beyond reasonable doubt of bigamy. The present petition raises the following issues for our resolution: A. WHETHER OR NOT THE COURT OF APPEALS ERRED IN FAILING TO APPLY THE RULE THAT IN CRIMES PENALIZED UNDER THE REVISED PENAL CODE, CRIMINAL INTENT IS AN INDISPENSABLE REQUISITE. COROLLARILY, WHETHER OR NOT THE COURT OF APPEALS ERRED IN FAILING TO APPRECIATE [THE] PETITIONERS LACK OF CRIMINAL INTENT WHEN HE CONTRACTED THE SECOND MARRIAGE. B. WHETHER OR NOT THE COURT OF APPEALS ERRED IN HOLDING THAT THE RULING IN PEOPLE VS. BITDU (58 PHIL. 817) IS APPLICABLE TO THE CASE AT BAR. C. WHETHER OR NOT THE COURT OF APPEALS ERRED IN FAILING TO APPLY THE RULE THAT EACH AND EVERY CIRCUMSTANCE FAVORING THE INNOCENCE OF THE ACCUSED MUST BE TAKEN INTO ACCOUNT.17 To our mind, the primordial issue should be whether or not petitioner committed bigamy and if so, whether his defense of good faith is valid. The petitioner submits that he should not be faulted for relying in good faith upon the divorce decree of the Ontario court. He highlights the fact that he contracted the second marriage openly and publicly, which a person intent upon bigamy would not be doing. The petitioner further argues that his lack of criminal intent is material to a conviction or acquittal in the instant case. The crime of bigamy, just like other felonies punished under the Revised Penal Code, is mala in se, and hence, good faith and lack of criminal intent are allowed as a complete defense. He stresses that there is a difference between the intent to commit the crime and the intent to perpetrate the act. Hence, it does not necessarily follow that his intention to contract a second marriage is tantamount to an intent to commit bigamy. For the respondent, the Office of the Solicitor General (OSG) submits that good faith in the instant case is a convenient but flimsy excuse. The Solicitor General relies upon our ruling in Marbella-Bobis v. Bobis,18 which held that bigamy can be successfully prosecuted provided all the elements concur, stressing that under Article 4019 of the Family Code, a judicial declaration of nullity is a must before a party may re-marry. Whether or not the petitioner was aware of said Article 40 is of no account as everyone is presumed to know the law. The OSG counters that petitioners contention that he was in good faith because he relied on the divorce decree of the Ontario court is

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negated by his act of filing Civil Case No. 6020, seeking a judicial declaration of nullity of his marriage to Lucia. Before we delve into petitioners defense of good faith and lack of criminal intent, we must first determine whether all the elements of bigamy are present in this case. In Marbella-Bobis v. Bobis,20 we laid down the elements of bigamy thus: (1) the offender has been legally married; (2) the first marriage has not been legally dissolved, or in case his or her spouse is absent, the absent spouse has not been judicially declared presumptively dead; (3) he contracts a subsequent marriage; and (4) the subsequent marriage would have been valid had it not been for the existence of the first. Applying the foregoing test to the instant case, we note that during the pendency of CA-G.R. CR No. 20700, the RTC of Bohol Branch 1, handed down the following decision in Civil Case No. 6020, to wit: WHEREFORE, premises considered, judgment is hereby rendered decreeing the annulment of the marriage entered into by petitioner Lucio Morigo and Lucia Barrete on August 23, 1990 in Pilar, Bohol and further directing the Local Civil Registrar of Pilar, Bohol to effect the cancellation of the marriage contract. SO ORDERED.21 The trial court found that there was no actual marriage ceremony performed between Lucio and Lucia by a solemnizing officer. Instead, what transpired was a mere signing of the marriage contract by the two, without the presence of a solemnizing officer. The trial court thus held that the marriage is void ab initio, in accordance with Articles 322 and 423 of the Family Code. As the dissenting opinion in CA-G.R. CR No. 20700, correctly puts it, "This simply means that there was no marriage to begin with; and that such declaration of nullity retroacts to the date of the first marriage. In other words, for all intents and purposes, reckoned from the date of the declaration of the first marriage as void ab initio to the date of the celebration of the first marriage, the accused was, under the eyes of the law, never married."24 The records show that no appeal was taken from the decision of the trial court in Civil Case No. 6020, hence, the decision had long become final and executory. The first element of bigamy as a crime requires that the accused must have been legally married. But in this case, legally speaking, the petitioner was never married to Lucia Barrete. Thus, there is no first marriage to speak of. Under the principle of retroactivity of a marriage being declared void ab initio, the two were never married "from the beginning." The contract of marriage is null; it bears no legal effect. Taking this argument to its logical conclusion, for legal purposes, petitioner was not married to Lucia at the time he contracted the marriage with Maria Jececha. The existence and the validity of the first marriage being an essential element of the crime of bigamy, it is but logical that a conviction for said offense cannot be sustained where there is no first marriage to speak of. The petitioner, must, perforce be acquitted of the instant charge. The present case is analogous to, but must be distinguished from Mercado v. Tan.25 In the latter case, the judicial declaration of nullity of the first marriage was likewise obtained after the second marriage was already celebrated. We held therein that: A judicial declaration of nullity of a previous marriage is necessary before a subsequent one can be legally contracted. One who enters into a subsequent marriage without first obtaining such judicial declaration is guilty

of bigamy. This principle applies even if the earlier union is characterized by statutes as "void."26 It bears stressing though that in Mercado, the first marriage was actually solemnized not just once, but twice: first before a judge where a marriage certificate was duly issued and then again six months later before a priest in religious rites. Ostensibly, at least, the first marriage appeared to have transpired, although later declared void ab initio. In the instant case, however, no marriage ceremony at all was performed by a duly authorized solemnizing officer. Petitioner and Lucia Barrete merely signed a marriage contract on their own. The mere private act of signing a marriage contract bears no semblance to a valid marriage and thus, needs no judicial declaration of nullity. Such act alone, without more, cannot be deemed to constitute an ostensibly valid marriage for which petitioner might be held liable for bigamy unless he first secures a judicial declaration of nullity before he contracts a subsequent marriage. The law abhors an injustice and the Court is mandated to liberally construe a penal statute in favor of an accused and weigh every circumstance in favor of the presumption of innocence to ensure that justice is done. Under the circumstances of the present case, we held that petitioner has not committed bigamy. Further, we also find that we need not tarry on the issue of the validity of his defense of good faith or lack of criminal intent, which is now moot and academic. WHEREFORE, the instant petition is GRANTED. The assailed decision, dated October 21, 1999 of the Court of Appeals in CAG.R. CR No. 20700, as well as the resolution of the appellate court dated September 25, 2000, denying herein petitioners motion for reconsideration, is REVERSED and SET ASIDE. The petitioner Lucio Morigo y Cacho is ACQUITTED from the charge of BIGAMY on the ground that his guilt has not been proven with moral certainty. SO ORDERED.

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G.R. No. 167746

August 28, 2007

Reconsideration was likewise denied in a resolution of the Court of Appeals dated 6 April 2005.12 The Court of Appeals held that the marriage license of the parties is presumed to be regularly issued and petitioner had not presented any evidence to overcome the presumption. Moreover, the parties marriage contract being a public document is a prima facie proof of the questioned marriage under Section 44, Rule 130 of the Rules of Court.13 In his Petition before this Court, petitioner raises the following issues for resolution: a. The Honorable Court of Appeals committed a reversible error when it ruled that the Petition for Annulment has no legal and factual basis despite the evidence on record that there was no marriage license at the precise moment of the solemnization of the marriage. b. The Honorable Court of Appeals committed a reversible error when it gave weight to the Marriage License No. 7054133 despite the fact that the same was not identified and offered as evidence during the trial, and was not the Marriage license number appearing on the face of the marriage contract. c. The Honorable Court of Appeals committed a reversible error when it failed to apply the ruling laid down by this Honorable Court in the case of Sy vs. Court of Appeals. (G.R. No. 127263, 12 April 2000 [330 SCRA 550]). d. The Honorable Court of Appeals committed a reversible error when it failed to relax the observance of procedural rules to protect and promote the substantial rights of the party litigants.14 We deny the petition. Petitioner submits that at the precise time that his marriage with the respondent was celebrated, there was no marriage license because he and respondent just went to the Manila City Hall and dealt with a "fixer" who arranged everything for them.15 The wedding took place at the stairs in Manila City Hall and not in CDCC BR Chapel where Rev. Aquilino Navarro who solemnized the marriage belongs.16 He and respondent did not go to Carmona, Cavite, to apply for a marriage license. Assuming a marriage license from Carmona, Cavite, was issued to them, neither he nor the respondent was a resident of the place. The certification of the Municipal Civil Registrar of Carmona, Cavite, cannot be given weight because the certification states that "Marriage License number 7054133 was issued in favor of Mr. Restituto Alcantara and Miss Rosita Almario"17 but their marriage contract bears the number 7054033 for their marriage license number. The marriage involved herein having been solemnized on 8 December 1982, or prior to the effectivity of the Family Code, the applicable law to determine its validity is the Civil Code which was the law in effect at the time of its celebration. A valid marriage license is a requisite of marriage under Article 53 of the Civil Code, the absence of which renders the marriage void ab initio pursuant to Article 80(3)18 in relation to Article 58 of the same Code.19 Article 53 of the Civil Code20 which was the law applicable at the time of the marriage of the parties states: Art. 53. No marriage shall be solemnized unless all these requisites are complied with: (1) Legal capacity of the contracting parties;

RESTITUTO M. ALCANTARA, Petitioner, vs. ROSITA A. ALCANTARA and HON. COURT OF APPEALS, Respondents. DECISION CHICO-NAZARIO, J.: Before this Court is a Petition for Review on Certiorari filed by petitioner Restituto Alcantara assailing the Decision1 of the Court of Appeals dated 30 September 2004 in CA-G.R. CV No. 66724 denying petitioners appeal and affirming the decision 2 of the Regional Trial Court (RTC) of Makati City, Branch 143, in Civil Case No. 97-1325 dated 14 February 2000, dismissing his petition for annulment of marriage. The antecedent facts are: A petition for annulment of marriage3 was filed by petitioner against respondent Rosita A. Alcantara alleging that on 8 December 1982 he and respondent, without securing the required marriage license, went to the Manila City Hall for the purpose of looking for a person who could arrange a marriage for them. They met a person who, for a fee, arranged their wedding before a certain Rev. Aquilino Navarro, a Minister of the Gospel of the CDCC BR Chapel.4 They got married on the same day, 8 December 1982. Petitioner and respondent went through another marriage ceremony at the San Jose de Manuguit Church in Tondo, Manila, on 26 March 1983. The marriage was likewise celebrated without the parties securing a marriage license. The alleged marriage license, procured in Carmona, Cavite, appearing on the marriage contract, is a sham, as neither party was a resident of Carmona, and they never went to Carmona to apply for a license with the local civil registrar of the said place. On 14 October 1985, respondent gave birth to their child Rose Ann Alcantara. In 1988, they parted ways and lived separate lives. Petitioner prayed that after due hearing, judgment be issued declaring their marriage void and ordering the Civil Registrar to cancel the corresponding marriage contract5 and its entry on file.6 Answering petitioners petition for annulment of marriage, respondent asserts the validity of their marriage and maintains that there was a marriage license issued as evidenced by a certification from the Office of the Civil Registry of Carmona, Cavite. Contrary to petitioners representation, respondent gave birth to their first child named Rose Ann Alcantara on 14 October 1985 and to another daughter named Rachel Ann Alcantara on 27 October 1992.7 Petitioner has a mistress with whom he has three children.8 Petitioner only filed the annulment of their marriage to evade prosecution for concubinage.9 Respondent, in fact, has filed a case for concubinage against petitioner before the Metropolitan Trial Court of Mandaluyong City, Branch 60.10 Respondent prays that the petition for annulment of marriage be denied for lack of merit. On 14 February 2000, the RTC of Makati City, Branch 143, rendered its Decision disposing as follows: The foregoing considered, judgment is rendered as follows: 1. The Petition is dismissed for lack of merit; 2. Petitioner is ordered to pay respondent the sum of twenty thousand pesos (P20,000.00) per month as support for their two (2) children on the first five (5) days of each month; and 3. To pay the costs.11 As earlier stated, the Court of Appeals rendered its Decision dismissing the petitioners appeal. His Motion for

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(2) Their consent, freely given; (3) Authority of the person performing the marriage; and (4) A marriage license, except in a marriage of exceptional character. The requirement and issuance of a marriage license is the States demonstration of its involvement and participation in every marriage, in the maintenance of which the general public is interested.21 Petitioner cannot insist on the absence of a marriage license to impugn the validity of his marriage. The cases where the court considered the absence of a marriage license as a ground for considering the marriage void are clear-cut. In Republic of the Philippines v. Court of Appeals,22 the Local Civil Registrar issued a certification of due search and inability to find a record or entry to the effect that Marriage License No. 3196182 was issued to the parties. The Court held that the certification of "due search and inability to find" a record or entry as to the purported marriage license, issued by the Civil Registrar of Pasig, enjoys probative value, he being the officer charged under the law to keep a record of all data relative to the issuance of a marriage license. Based on said certification, the Court held that there is absence of a marriage license that would render the marriage void ab initio. In Cario v. Cario,23 the Court considered the marriage of therein petitioner Susan Nicdao and the deceased Santiago S. Carino as void ab initio. The records reveal that the marriage contract of petitioner and the deceased bears no marriage license number and, as certified by the Local Civil Registrar of San Juan, Metro Manila, their office has no record of such marriage license. The court held that the certification issued by the local civil registrar is adequate to prove the non-issuance of the marriage license. Their marriage having been solemnized without the necessary marriage license and not being one of the marriages exempt from the marriage license requirement, the marriage of the petitioner and the deceased is undoubtedly void ab initio. In Sy v. Court of Appeals,24 the marriage license was issued on 17 September 1974, almost one year after the ceremony took place on 15 November 1973. The Court held that the ineluctable conclusion is that the marriage was indeed contracted without a marriage license. In all these cases, there was clearly an absence of a marriage license which rendered the marriage void. Clearly, from these cases, it can be deduced that to be considered void on the ground of absence of a marriage license, the law requires that the absence of such marriage license must be apparent on the marriage contract, or at the very least, supported by a certification from the local civil registrar that no such marriage license was issued to the parties. In this case, the marriage contract between the petitioner and respondent reflects a marriage license number. A certification to this effect was also issued by the local civil registrar of Carmona, Cavite.25 The certification moreover is precise in that it specifically identified the parties to whom the marriage license was issued, namely Restituto Alcantara and Rosita Almario, further validating the fact that a license was in fact issued to the parties herein. The certification of Municipal Civil Registrar Macrino L. Diaz of Carmona, Cavite, reads: This is to certify that as per the registry Records of Marriage filed in this office, Marriage License No. 7054133 was issued in favor of Mr. Restituto Alcantara and Miss Rosita Almario on December 8, 1982.

This Certification is being issued upon the request of Mrs. Rosita A. Alcantara for whatever legal purpose or intents it may serve.26 This certification enjoys the presumption that official duty has been regularly performed and the issuance of the marriage license was done in the regular conduct of official business.27 The presumption of regularity of official acts may be rebutted by affirmative evidence of irregularity or failure to perform a duty. However, the presumption prevails until it is overcome by no less than clear and convincing evidence to the contrary. Thus, unless the presumption is rebutted, it becomes conclusive. Every reasonable intendment will be made in support of the presumption and, in case of doubt as to an officers act being lawful or unlawful, construction should be in favor of its lawfulness.28 Significantly, apart from these, petitioner, by counsel, admitted that a marriage license was, indeed, issued in Carmona, Cavite.29 Petitioner, in a faint attempt to demolish the probative value of the marriage license, claims that neither he nor respondent is a resident of Carmona, Cavite. Even then, we still hold that there is no sufficient basis to annul petitioner and respondents marriage. Issuance of a marriage license in a city or municipality, not the residence of either of the contracting parties, and issuance of a marriage license despite the absence of publication or prior to the completion of the 10-day period for publication are considered mere irregularities that do not affect the validity of the marriage.30 An irregularity in any of the formal requisites of marriage does not affect its validity but the party or parties responsible for the irregularity are civilly, criminally and administratively liable.31 Again, petitioner harps on the discrepancy between the marriage license number in the certification of the Municipal Civil Registrar, which states that the marriage license issued to the parties is No. 7054133, while the marriage contract states that the marriage license number of the parties is number 7054033. Once more, this argument fails to sway us. It is not impossible to assume that the same is a mere a typographical error, as a closer scrutiny of the marriage contract reveals the overlapping of the numbers 0 and 1, such that the marriage license may read either as 7054133 or 7054033. It therefore does not detract from our conclusion regarding the existence and issuance of said marriage license to the parties. Under the principle that he who comes to court must come with clean hands,32 petitioner cannot pretend that he was not responsible or a party to the marriage celebration which he now insists took place without the requisite marriage license. Petitioner admitted that the civil marriage took place because he "initiated it."33 Petitioner is an educated person. He is a mechanical engineer by profession. He knowingly and voluntarily went to the Manila City Hall and likewise, knowingly and voluntarily, went through a marriage ceremony. He cannot benefit from his action and be allowed to extricate himself from the marriage bond at his mere say-so when the situation is no longer palatable to his taste or suited to his lifestyle. We cannot countenance such effrontery. His attempt to make a mockery of the institution of marriage betrays his bad faith.34 Petitioner and respondent went through a marriage ceremony twice in a span of less than one year utilizing the same marriage license. There is no claim that he went through the second wedding ceremony in church under duress or with a gun to his head. Everything was executed without nary a whimper on the part of the petitioner.lavvphi1 In fact, for the second wedding of petitioner and respondent, they presented to the San Jose de Manuguit Church the marriage contract executed during the previous wedding ceremony before the Manila City Hall. This is confirmed in petitioners testimony as follows WITNESS As I remember your honor, they asked us to get the necessary document prior to the wedding. COURT

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What particular document did the church asked you to produce? I am referring to the San Jose de Manuguit church. WITNESS I dont remember your honor. COURT Were you asked by the church to present a Marriage License? WITNESS I think they asked us for documents and I said we have already a Marriage Contract and I dont know if it is good enough for the marriage and they accepted it your honor. COURT In other words, you represented to the San Jose de Manuguit church that you have with you already a Marriage Contract? WITNESS Yes your honor. COURT That is why the San Jose de Manuguit church copied the same marriage License in the Marriage Contract issued which Marriage License is Number 7054033. WITNESS Yes your honor.35 The logical conclusion is that petitioner was amenable and a willing participant to all that took place at that time. Obviously, the church ceremony was confirmatory of their civil marriage, thereby cleansing whatever irregularity or defect attended the civil wedding.36 Likewise, the issue raised by petitioner -- that they appeared before a "fixer" who arranged everything for them and who facilitated the ceremony before a certain Rev. Aquilino Navarro, a Minister of the Gospel of the CDCC Br Chapel -- will not strengthen his posture. The authority of the officer or clergyman shown to have performed a marriage ceremony will be presumed in the absence of any showing to the contrary.37 Moreover, the solemnizing officer is not duty-bound to investigate whether or not a marriage license has been duly and regularly issued by the local civil registrar. All the solemnizing officer needs to know is that the license has been issued by the competent official, and it may be presumed from the issuance of the license that said official has fulfilled the duty to ascertain whether the contracting parties had fulfilled the requirements of law.38 Semper praesumitur pro matrimonio. The presumption is always in favor of the validity of the marriage.39 Every intendment of the law or fact leans toward the validity of the marriage bonds. The Courts look upon this presumption with great favor. It is not to be lightly repelled; on the contrary, the presumption is of great weight. Wherefore, premises considered, the instant Petition is Denied for lack of merit. The decision of the Court of Appeals dated 30 September 2004 affirming the decision of the Regional Trial Court, Branch 143 of Makati City, dated 14 February 2000, are AFFIRMED. Costs against petitioner. SO ORDERED.

G.R. No. 191425

September 7, 2011

ATILANO O. NOLLORA, JR., Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent. DECISION CARPIO, J.: The Case G.R. No. 191425 is a petition for review1 assailing the Decision2 promulgated on 30 September 2009 as well as the Resolution3 promulgated on 23 February 2010 by the Court of Appeals (appellate court) in CA-G.R. CR No. 31538. The appellate court affirmed the 19 November 2007 Decision4 of Branch 215 of the Regional Trial Court of Quezon City (trial court) in Criminal Case No. Q-04-129031. The trial court found accused Atilano O. Nollora, Jr. (Nollora) guilty of bigamy under Article 349 of the Revised Penal Code and sentenced him to suffer imprisonment. Co-accused Rowena Geraldino (Geraldino) was acquitted for the prosecutions failure to prove her guilt beyond reasonable doubt. The Facts The appellate court recited the facts as follows: On August 24, 2004, Assistant City Prosecutor Raymond Jonathan B. Lledo filed an Information against Atilano O. Nollora, Jr. ("Nollora") and Rowena P. Geraldino ("Geraldino") for the crime of Bigamy. The accusatory portion of the Information reads: "That on or about the 8th day of December 2001 in Quezon City, Philippines, the above-named accused ATILANO O. NOLLORA, JR., being then legally married to one JESUSA PINAT NOLLORA, and as said marriage has not been legally dissolved and still subsisting, did then and there willfully, unlawfully and feloniously contract a subsequent or second marriage with her [sic] co-accused ROWENA P. GERALDINO, who knowingly consented and agreed to be married to her co-accused ATILANO O. NOLLORA, JR. knowing him to be a married man, to the damage and prejudice of the said offended party JESUSA PINAT NOLLORA." Upon his arraignment on April 18, 2005, accused Nollora assisted by counsel, refused to enter his plea. Hence, a plea of not guilty was entered by the Court for him. Accused Geraldino, on the other hand, entered a plea of not guilty when arraigned on June 14, 2005. On even date, pre-trial conference was held and both the prosecution and defense entered the following stipulation of facts: "1. the validity of the first marriage between Atilano O. Nollora, Jr. and Jesusa Pinat Nollora solemnized on April 6, 1999 at Sapang Palay, San Jose del Monte; 2. that Atilano O. Nollora, Jr. contracted the second marriage with Rowena P. Geraldino on December 8, 2001 in Quezon City; 3. that in the Counter-Affidavit of Atilano O. Nollora, Jr., he admitted that he contracted the second marriage to Rowena P. Geraldino; 4. that Rowena P. Geraldino attached to her Counter-Affidavit the Certificate of Marriage with Atilano O. Nollora, Jr. dated December 8, 2001;

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5. the fact of marriage of Rowena P. Geraldino with Atilano O. Nollora, Jr. as admitted in her Counter-Affidavit." The only issue thus proffered by the prosecution for the RTCs resolution is whether or not the second marriage is bigamous. Afterwards, pre-trial conference was terminated and the case was set for initial hearing. Thereafter, trial ensued. Evidence for the Prosecution As culled from the herein assailed Decision, the respective testimonies of prosecution witnesses were as follows: "xxx (W)itness Jesusa Pinat Nollora xxx testified that she and accused Atilano O. Nollora, Jr. met in Saudi Arabia while she was working there as a Staff Midwife in King Abdulah Naval Base Hospital. Atilano O. Nollora, Jr. courted her and on April 6, 1999, they got married at the [IE]MELIF Chruch [sic] in Sapang Palay, San Jose del Monte, Bulacan (Exhibit A). While working in said hospital, she heard rumors that her husband has another wife and because of anxiety and emotional stress, she left Saudi Arabia and returned to the Philippines (TSN, October 4, 2005, page 10). Upon arrival in the Philippines, the private complainant learned that indeed, Atilano O. Nollora, Jr. contracted a second marriage with co-accused Rowena P. Geraldino on December 8, 2001 (Exhibit B) when she secured a certification as to the civil status of Atilano O. Nollora, Jr. (Exhibit C) from the National Statistics Office (NSO) sometime in November 2003. Upon learning this information, the private complainant confronted Rowena P. Geraldino at the latters workplace in CBW, FTI, Taguig and asked her if she knew of the first marriage between complainant and Atilano O. Nollora, Jr. to which Rowena P. Geraldino allegedly affirmed and despite this knowledge, she allegedly still married Atilano O. Nollora, Jr. because she loves him so much and because they were neighbors and childhood friends. Private complainant also knew that Rowena P. Geraldino knew of her marriage with Atilano O. Nollora, Jr., because when she (private complainant) was brought by Atilano O. Nollora, Jr. at the latters residence in Taguig, Metro Manila and introduced her to Atilano O. Nollora, Jr.s parents, Rowena P. Geraldino was there in the house together with a friend and she heard everything that they were talking about. Because of this case, private complainant was not able to return to Saudi Arabia to work as a Staff Midwife thereby losing income opportunity in the amount of P34,000.00 a month, more or less. When asked about the moral damages she suffered, she declared that what happened to her was a tragedy and she had entertained [thoughts] of committing suicide. She added that because of what happened to her, her mother died and she almost got raped when Atilano O. Nollora, Jr. left her alone in their residence in Saudi Arabia. However, she declared that money is not enough to assuage her sufferings. Instead, she just asked for the return of her money in the amount of P50,000.00 (TSN, July 26, 2005, pages 4-14). Prosecution witness Ruth Santos testified that she knew of the marriage between the private complainant and Atilano O. Nollora, Jr., because she was one of the sponsors in said wedding. Sometime in November 2003, she was asked by the private complainant to accompany the latter to the workplace of Rowena P. Geraldino in FTI, Taguig, Metro Manila. She declared that the private complainant and Rowena P. Geraldino had a confrontation and she heard that Rowena P. Geraldino admitted that she (Rowena) knew of the first marriage of Atilano O. Nollora, Jr. and the private complainant but she still went on to marry Atilano O. Nollora, Jr. because she loves him very much (TSN, October 24, 2005, pages 3-5).

Evidence for the Defense The defenses version of facts, as summarized in the herein assailed Decision, is as follows: "Accused Atilano O. Nollora, Jr. admitted having contracted two (2) marriages, the first with private complainant Jesusa Pinat and the second with Rowena P. Geraldino. He, however, claimed that he was a Muslim convert way back on January 10, 1992, even before he contracted the first marriage with the private complainant. As a [M]uslim convert, he is allegedly entitled to marry four (4) wives as allowed under the Muslim or Islam belief. To prove that he is a Muslim convert even prior to his marriage to the private complainant, Atilano O. Nollora, Jr. presented a Certificate of Conversion dated August 2, 2004 issued by one Hadji Abdul Kajar Madueo and approved by one Khad Ibrahim A. Alyamin wherein it is stated that Atilano O. Nollora, Jr. allegedly converted as a Muslim since January 19, 1992 (Exhibit 2, 3 and 4). Aside from said certificate, he also presented a Pledge of Conversion dated January 10, 1992 issued by the same Hadji Abdul Kajar Madueo and approved by one Khad Ibrahim A. Alyamin (Exhibit 7). He claimed that the private complaint knew that he was a Muslim convert prior to their marriage because she [sic] told this fact when he was courting her in Saudi Arabia and the reason why said private complainant filed the instant case was due to hatred having learned of his second marriage with Rowena P. Geraldino. She [sic] further testified that Rowena P. Geraldino was not aware of his first marriage with the private complainant and he did not tell her this fact because Rowena P. Geraldino is a Catholic and he does not want to lose her if she learns of his first marriage. He explained that in his Marriage Contract with Jesusa Pinat, it is indicated that he was a Catholic Pentecostal but that he was not aware why it was placed as such on said contract. In his Marriage Contract with Rowena P. Geraldino, the religion Catholic was also indicated because he was keeping as a secret his being a Muslim since the society does not approve of marrying a Muslim. He also indicated that he was single despite his first marriage to keep said first marriage a secret (TSN, January 30, 2006, pages 213). Defense witness Hadji Abdul Qasar Madueo testified that he is the founder and president of Balik Islam Tableegh Foundation of the Philippines and as such president, he has the power and authority to convert any applicant to the Muslim religion. He alleged that sometime in 1992, he met accused Atilano O. Nollora, Jr. in Mabini (Manila) who was then going abroad. Atilano O. Nollora, Jr. applied to become a Muslim (Exhibit 14) and after receiving the application, said accused was indoctrinated regarding his obligations as a Muslim. On January 10, 1992, Atilano O. Nollora, Jr. embraced the Muslim faith. He was then directed to report every Sunday to monitor his development. In the year 2004, Atilano O. Nollora, Jr. visited him and asked for a certification because of the filing of the instant case. On October 2, 2004, he issued a Certificate of Conversion wherein it is stated that Atilano O. Nollora, Jr. is a Muslim convert since January 10, 1992. Apart from the above-mentioned document, their Imam also issued a Pledge of Conversion (Exhibit 7). He declared that a Muslim convert could marry more than one according to the Holy Koran. However, before marrying his second, third and fourth wives, it is required that the consent of the first Muslim wife be secured. Thus, if the first wife is not a Muslim, there is no necessity to secure her consent (TSN, October 9, 2006, pages 212). During his cross-examinations, he declared that if a Muslim convert gets married not in accordance with the Muslim faith, the same is contrary to the teachings of the Muslim faith. A Muslim also can marry up to four times but he should be able to treat them equally. He claimed that he was not aware of the first marriage but was aware of the second. Since his second marriage

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with Rowena P. Geraldino was not in accordance with the Muslim faith, he advised Atilano O. Nollora, Jr. to re-marry Rowena P. Geraldino in accordance with Muslim marriage celebration, otherwise, he will not be considered as a true Muslim (TSN, June 25, 2007, pages 3-7). Accused Rowena P. Geraldino alleged that she was only a victim in this incident of bigamous marriage. She claimed that she does not know the private complainant Jesusa Pinat Nollora and only came to know her when this case was filed. She insists that she is the one lawfully married to Atilano O. Nollora, Jr., having been married to the latter since December 8, 2001. Upon learning that Atilano O. Nollora, Jr. contracted a first marriage with the private complainant, she confronted the former who admitted the said marriage. Prior to their marriage, she asked Atilano O. Nollora, Jr. if he was single and the latter responded that he was single. She also knew that her husband was a Catholic prior to their marriage but after she learned of the first marriage of her husband, she learned that he is a Muslim convert. She also claimed that after learning that her husband was a Muslim convert, she and Atilano O. Nollora, Jr., also got married in accordance with the Muslim rites. She also belied the allegations of the private complainant that she was sought by the private complainant and that they had a confrontation where she admitted that she knew that Atilano O. Nollora, Jr. was married to the private complainant and despite this knowledge, she went on to marry him because she loved him very much. She insisted that she only came to know the private complainant when she (private complainant) filed this case (TSN, August 14, 2007, pages 2-8)."5 The Trial Courts Ruling In its Decision6 dated 19 November 2007, the trial court convicted Nollora and acquitted Geraldino. The trial court stated that there are only two exceptions to prosecution for bigamy: Article 417 of the Family Code, or Executive Order No. 209, and Article 1808 of the Code of Muslim Personal Laws of the Philippines, or Presidential Decree No. 1083. The trial court also cited Article 27 of the Code of Muslim Personal Laws of the Philippines, which provides the qualifications for allowing Muslim men to have more than one wife: "[N]o Muslim male can have more than one wife unless he can deal with them in equal companionship and just treatment as enjoined by Islamic Law and only in exceptional cases." In convicting Nollora, the trial courts Decision further stated thus: The principle in Islam is that monogamy is the general rule and polygamy is allowed only to meet urgent needs. Only with the permission of the court can a Muslim be permitted to have a second wife subject to certain requirements. This is because having plurality of wives is merely tolerated, not encouraged, under certain circumstances (Muslim Law on Personal Status in the Philippines by Amer M. Bara-acal and Abdulmajid J. Astir, 1998 First Edition, Pages 64-65). Arbitration is necessary. Any Muslim husband desiring to contract subsequent marriages, before so doing, shall notify the Sharia Circuit Court of the place where his family resides. The clerk of court shall serve a copy thereof to the wife or wives. Should any of them objects [sic]; an Agama Arbitration Council shall be constituted. If said council fails to secure the wifes consent to the proposed marriage, the Court shall, subject to Article 27, decide whether on [sic] not to sustain her objection (Art. 162, Muslim Personal Laws of the Philippines). Accused Atilano Nollora, Jr., in marrying his second wife, coaccused Rowena P. Geraldino, did not comply with the abovementioned provision of the law. In fact, he did not even declare that he was a Muslim convert in both marriages, indicating his criminal intent. In his converting to the Muslim faith, said accused entertained the mistaken belief that he can just marry anybody again after marrying the private complainant. What is clear, therefore, is [that] a Muslim is not given an unbridled right to just marry anybody the second, third or fourth time. There are

requirements that the Sharia law imposes, that is, he should have notified the Sharia Court where his family resides so that copy of said notice should be furnished to the first wife. The argument that notice to the first wife is not required since she is not a Muslim is of no moment. This obligation to notify the said court rests upon accused Atilano Nollora, Jr. It is not for him to interpret the Sharia law. It is the Sharia Court that has this authority. In an apparent attempt to escape criminal liability, the accused recelebrated their marriage in accordance with the Muslim rites. However, this can no longer cure the criminal liability that has already been violated. The Court, however, finds criminal liability on the person of accused Atilano Nollora, Jr., only. There is no sufficient evidence that would pin accused Rowena P. Geraldino down. The evidence presented by the prosecution against her is the allegation that she knew of the first marriage between private complainant and Atilano Nollora, Jr., is insufficient[,] being open to several interpretations. Private complainant alleged that when she was brought by Atilano Nollora, Jr., to the latters house in Taguig, Metro Manila, Rowena P. Geraldino was there standing near the door and heard their conversation. From this incident, private complainant concluded that said Rowena P. Geraldino was aware that she and Atilano Nollora, Jr., were married. This conclusion is obviously misplaced since it could not be reasonably presumed that Rowena P. Geraldino understands what was going on between her and Atilano Nollora, Jr. It is axiomatic that "(E)very circumstance favoring accuseds innocence must be taken into account, proof against him must survive the test of reason and the strongest suspicion must not be permitted to sway judgment" (People vs. Austria, 195 SCRA 700). This Court, therefore, has to acquit Rowena P. Geraldino for failure of the prosecution to prove her guilt beyond reasonable doubt. WHEREFORE, premises considered, judgment is hereby rendered, as follows: a) Finding accused ATILANO O. NOLLORA, JR. guilty beyond reasonable doubt of the crime of Bigamy punishable under Article 349 of the Revised Penal Code. This court hereby renders judgment imposing upon him a prison term of two (2) years, four (4) months and one (1) day of prision correccional, as minimum of his indeterminate sentence, to eight (8) years and one (1) day of prision mayor, as maximum, plus accessory penalties provided by law. b) Acquitting accused ROWENA P. GERALDINO of the crime of Bigamy for failure of the prosecution to prove her guilt beyond reasonable doubt. Costs against accused Atilano O. Nollora, Jr. SO ORDERED.9 Nollora filed a notice of appeal and moved for the allowance of his temporary liberty under the same bail bond pending appeal. The trial court granted Nolloras motion. Nollora filed a brief with the appellate court and assigned only one error of the trial court: The trial court gravely erred in finding the accused-appellant guilty of the crime charged despite the prosecutions failure to establish his guilt beyond reasonable doubt.10

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The Appellate Courts Ruling On 30 September 2009, the appellate court dismissed Nolloras appeal and affirmed the trial courts decision.11 The appellate court rejected Nolloras defense that his second marriage to Geraldino was in lawful exercise of his Islamic religion and was allowed by the Quran. The appellate court denied Nolloras invocation of his religious beliefs and practices to the prejudice of the non-Muslim women who married him pursuant to Philippine civil laws.1avvphi1Nolloras two marriages were not conducted in accordance with the Code of Muslim Personal Laws, hence the Family Code of the Philippines should apply. Nolloras claim of religious freedom will not immobilize the State and render it impotent in protecting the general welfare. In a Resolution12 dated 23 February 2010, the appellate court denied Nolloras motion for reconsideration. The allegations in the motion for reconsideration were a mere rehash of Nolloras earlier arguments, and there was no reason for the appellate court to modify its 30 September 2009 Decision. Nollora filed the present petition for review before this Court on 6 April 2010. The Issue The issue in this case is whether Nollora is guilty beyond reasonable doubt of the crime of bigamy. The Courts Ruling Nolloras petition has no merit. We affirm the rulings of the appellate court and of the trial court. Elements of Bigamy Article 349 of the Revised Penal Code provides: Art. 349. Bigamy. The penalty of prision mayor shall be imposed upon any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings. The elements of the crime of bigamy are: 1. That the offender has been legally married. 2. That the marriage has not been legally dissolved or, in case his or her spouse is absent, theabsent spouse could not yet be presumed dead according to the Civil Code. 3. That he contracts a second or subsequent marriage. 4. That the second or subsequent marriage has all the essential requisites for validity.13 The circumstances in the present case satisfy all the elements of bigamy. (1) Nollora is legally married to Pinat;14(2) Nollora and Pinats marriage has not been legally dissolved prior to the date of the second marriage; (3) Nollora admitted the existence of his second marriage to Geraldino;15 and (4) Nollora and Geraldinos marriage has all the essential requisites for validity except for the lack of capacity of Nollora due to his prior marriage.16 The marriage certificate17 of Nollora and Pinats marriage states that Nollora and Pinat were married at Sapang Palay IEMELIF Church, Sapang Palay, San Jose del Monte, Bulacan on 6 April

1999. Rev. Jonathan De Mesa, Minister of the IEMELIF Church officiated the ceremony. The marriage certificate 18 of Nollora and Geraldinos marriage states that Nollora and Geraldino were married at Maxs Restaurant, Quezon Avenue, Quezon City, Metro Manila on 8 December 2001. Rev. Honorato D. Santos officiated the ceremony. A certification dated 4 November 2003 from the Office of the Civil Registrar General reads: We certify that ATILANO JR O. NOLLORA who is alleged to have been born on February 22, 1968 from ATILANO M. NOLLORA SR and FLAVIANA OCLARIT, appears in our National Indices of Marriage for Groom for the years 1973 to 2002 with the following information: Date of Marriage Place of Marriage a) April 06, 1999 a) December 08, 2001

b) SAN JOSE DEL MONTE, BULACAN b) QUEZON CITY, METRO MANILA (2nd Distric

Before the trial and appellate courts, Nollora put up his Muslim religion as his sole defense. He alleged that his religion allows him to marry more than once. Granting arguendo that Nollora is indeed of Muslim faith at the time of celebration of both marriages,20 Nollora cannot deny that both marriage ceremonies were not conducted in accordance with the Code of Muslim Personal Laws, or Presidential Decree No. 1083. The applicable Articles in the Code of Muslim Personal Laws read: Art. 14. Nature. - Marriage is not only a civil contract but a civil institution. Its nature, consequences and incidents are governed by this Code and the Sharia and not subject to stipulation, except that the marriage settlements to a certain extent fix the property relations of the spouses. Art. 15. Essential Requisites. - No marriage contract shall be perfected unless the following essential requisites are complied with: (a) Legal capacity of the contracting parties; (b) Mutual consent of the parties freely given; (c) Offer (ijab) and acceptance (qabul) duly witnessed by at least two competent persons after the proper guardian in marriage (wali) has given his consent; and (d) Stipulation of the customary dower (mahr) duly witnessed by two competent persons. Art. 16. Capacity to contract marriage. - (1) Any Muslim male at least fifteen years of age and any Muslim female of the age of puberty or upwards and not suffering from any impediment under the provisions of this Code may contract marriage. A female is presumed to have attained puberty upon reaching the age of fifteen. x x x. Art. 17. Marriage Ceremony. - No particular form of marriage ceremony is required but the ijab and the qabul in marriage shall be declared publicly in the presence of the person solemnizing the marriage and the two competent witnesses. The declaration shall be set forth in an instrument in triplicate, signed or marked by the contracting parties and said witnesses, and attested by the person solemnizing the marriage. One copy shall be given to the contracting parties and another sent to the Circuit Registrar by the solemnizing officer who shall keep the third. Art. 18. Authority to solemnize marriage. - Marriage maybe solemnized: (a) By the proper wali by the woman to be wedded;

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(b) Upon the authority of the proper wali, by any person who is competent under Muslim law to solemnize marriage; or (c) By the judge of the Sharia District Court or Sharia Circuit Court or any person designated by the judge, should the proper wali refuse without justifiable reason, to authorize the solemnization. Art. 19. Place of solemnization. - Marriage shall be solemnized publicly in any mosque, office of the Sharia judge, office of the Circuit Registrar, residence of the bride or her wali, or at any other suitable place agreed upon by the parties. Art. 20. Specification of dower. - The amount or value of dower may be fixed by the contracting parties (mahr-musamma) before, during or after the celebration of marriage. If the amount or the value thereof has not been so fixed, a proper dower (mahr-mithl) shall, upon petition of the wife, be determined by the court according to the social standing of the parties. Indeed, Article 13(2) of the Code of Muslim Personal Laws states that "[i]n case of a marriage between a Muslim and a nonMuslim, solemnized not in accordance with Muslim law or this Code, the [Family Code of the Philippines, or Executive Order No. 209, in lieu of the Civil Code of the Philippines] shall apply." Nolloras religious affiliation is not an issue here. Neither is the claim that Nolloras marriages were solemnized according to Muslim law. Thus, regardless of his professed religion, Nollora cannot claim exemption from liability for the crime of bigamy.21 Nollora asserted in his marriage certificate with Geraldino that his civil status is "single." Moreover, both of Nolloras marriage contracts do not state that he is a Muslim. Although the truth or falsehood of the declaration of ones religion in the marriage certificate is not an essential requirement for marriage, such omissions are sufficient proofs of Nolloras liability for bigamy. Nolloras false declaration about his civil status is thus further compounded by these omissions. [ATTY. CALDINO:] Q: In your marriage contract, Mr. Witness, with Jesusa Pinat, you indicated here as your religion, Catholic Pentecostal, and you were saying that since January 10, 1992, you are already a [M]uslim convert. . . you said, Mr. Witness, that you are already a [M]uslim convert since January 10, 1992. However, in your marriage contract with Jesusa Pinat, there is no indication here that you have indicated your religion. Will you please go over your marriage contract? [NOLLORA:] A: When we got married, they just placed there Catholic but I didnt know why they did not place any Catholic there. xxx Q: Now, Mr. Witness, I would like to call your attention with respect to your marriage contract with your co-accused in this case, Rowena Geraldino, x x x will you please tell us, Mr. Witness, considering that you said that you are already a [M]uslim convert on January 10, 1992, why in the marriage contract with Rowena Geraldino, you indicated there your religion as Catholic, Mr. Witness? A: Since I was a former Catholic and since I was then keeping, I was keeping it as a secret my being my Balik-Islam, thats why I placed there Catholic since I know that the society doesnt approve a Catholic to marry another, thats why I placed there Catholic as my religion, sir. Q: How about under the column, "civil status," why did you indicate there that youre single, Mr. Witness?

A: I also kept it as a secret that I was married, earlier married.22 (Emphasis supplied) xxx [PROSECUTOR TAYLOR:] Q: Would you die for your new religion, Mr. Nollora? A: Yes, maam. Q: If you would die for your new religion, why did you allow that your faith be indicated as Catholic when in fact you were already as you alleged [M]uslim to be put in your marriage contract? xxx [A:] I dont think there is anything wrong with it, I just signed it so we can get married under the Catholic rights [sic] because after that we even got married under the [M]uslim rights [sic], your Honor. xxx Q: Under your Muslim faith, if you marry a second wife, are you required under your faith to secure the permission of your first wife to get married? A: Yes, maam. Q: Did you secure that permission from your first wife, Jesusa Nollora? A: I was not able to ask any permission from her because she was very mad at me, at the start, she was always very mad, maam.23 In his petition before this Court, Nollora casts doubt on the validity of his marriage to Geraldino.1avvphi1 Nollora may not impugn his marriage to Geraldino in order to extricate himself from criminal liability; otherwise, we would be opening the doors to allowing the solemnization of multiple flawed marriage ceremonies. As we stated in Tenebro v. Court of Appeals:24 There is therefore a recognition written into the law itself that such a marriage, although void ab initio, may still produce legal consequences. Among these legal consequences is incurring criminal liability for bigamy. To hold otherwise would render the States penal laws on bigamy completely nugatory, and allow individuals to deliberately ensure that each marital contract be flawed in some manner, and to thus escape the consequences of contracting multiple marriages, while beguiling throngs of hapless women with the promise of futurity and commitment. WHEREFORE, we DENY the petition. The Decision of the Court of Appeals in CA-G.R. CR No. 31538 promulgated on 30 September 2009 and the Resolution promulgated on 23 February 2010 are AFFIRMED. Petitioner Atilano O. Nollora, Jr. is guilty beyond reasonable doubt of Bigamy in Criminal Case No. Q-04-129031 and is sentenced to suffer the penalty of imprisonment with a term of two years, four months and one day ofprision correccional as minimum to eight years and one day of prision mayor as maximum of his indeterminate sentence, as well as the accessory penalties provided by law. Costs against petitioner Atilano O. Nollora, Jr. SO ORDERED.

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G.R. No. 183896

January 30, 2013

SYED AZHAR ABBAS, Petitioner, vs. GLORIA GOO ABBAS, Respondent. DECISION VELASCO, JR., J.: This is a Petition for Review on Certiorari under Rule 45 of the 1997 Rules of Civil Procedure, questioning the Decision1 of the Court of Appeals (CA) dated March 11, 2008 in CA-G.R. CV No. 86760, which reversed the Decision2 in Civil Case No. 03-0382CFM dated October 5, 2005 of the Regional Trial Court (RTC), Branch 109, Pasay City, and the CA Resolution dated July 24, 2008, denying petitioner's Motion for Reconsideration of the CA Decision. The present case stems from a petition filed by petitioner Syed Azhar Abbas (Syed) for the declaration of nullity of his marriage to Gloria Goo-Abbas (Gloria) with the RTC of Pasay City, docketed as Civil Case No. 03-0382-CFM, and raffled to RTC Branch 109. Syed alleged the absence of a marriage license, as provided for in Article 4, Chapter I, Title 1 of Executive Order No. 269, otherwise known as the Family Code of the Philippines, as a ground for the annulment of his marriage to Gloria. In the Marriage Contract3 of Gloria and Syed, it is stated that Marriage License No. 9969967, issued at Carmona, Cavite on January 8, 1993, was presented to the solemnizing officer. It is this information that is crucial to the resolution of this case. At the trial court, Syed, a Pakistani citizen, testified that he met Gloria, a Filipino citizen, in Taiwan in 1991, and they were married on August 9, 1992 at the Taipei Mosque in Taiwan.4 He arrived in the Philippines in December of 1992. On January 9, 1993, at around 5 oclock in the afternoon, he was at his mother in-laws residence, located at 2676 F. Muoz St., Malate, Manila, when his mother-in-law arrived with two men. He testified that he was told that he was going to undergo some ceremony, one of the requirements for his stay in the Philippines, but was not told of the nature of said ceremony. During the ceremony he and Gloria signed a document. He claimed that he did not know that the ceremony was a marriage until Gloria told him later. He further testified that he did not go to Carmona, Cavite to apply for a marriage license, and that he had never resided in that area. In July of 2003, he went to the Office of the Civil Registrar of Carmona, Cavite, to check on their marriage license, and was asked to show a copy of their marriage contract wherein the marriage license number could be found.5 The Municipal Civil Registrar, Leodivinia C. Encarnacion, issued a certification on July 11, 2003 to the effect that the marriage license number appearing in the marriage contract he submitted, Marriage License No. 9969967, was the number of another marriage license issued to a certain Arlindo Getalado and Myra Mabilangan.6 Said certification reads as follows: 11 July 2003 TO WHOM IT MAY CONCERN: This is to certify as per Registry Records of Marriage License filed in this office, Marriage License No. 9969967 was issued in favor of MR. ARLINDO GETALADO and MISS MYRA MABILANGAN on January 19, 1993. No Marriage License appear [sic] to have been issued to MR. SYED AZHAR ABBAS and MISS GLORIA F. GOO on January 8, 1993. This certification is being issued to Mr. Syed Azhar Abbas for whatever legal purpose or intents it may serve.7

On cross-examination, Syed testified that Gloria had filed bigamy cases against him in 2001 and 2002, and that he had gone to the Municipal Civil Registrar of Carmona, Cavite to get certification on whether or not there was a marriage license on advice of his counsel.8 Petitioner also presented Norberto Bagsic (Bagsic), an employee of the Municipal Civil Registrar of Carmona, Cavite. Bagsic appeared under a letter of authority from the Municipal Civil Registrar of Carmona, Cavite, and brought documents pertaining to Marriage License No. 9969967, which was issued to Arlindo Getalado and Myra Mabilangan on January 20, 1993.9 Bagsic testified that their office issues serial numbers for marriage licenses and that the numbers are issued chronologically.10 He testified that the certification dated July 11, 2003, was issued and signed by Leodivina Encarnacion, Registrar of the Municipality of Carmona, Cavite, certifying that Marriage License No. 9969967 was issued for Arlindo Getalado and Myra Mabilangan on January 19, 1993, and that their office had not issued any other license of the same serial number, namely 9969967, to any other person.11 For her part, Gloria testified on her own behalf, and presented Reverend Mario Dauz, Atty. Lorenzo Sanchez, Felicitas Goo and May Ann Ceriola. Reverend Mario Dauz (Rev. Dauz) testified that he was a minister of the Gospel and a barangay captain, and that he is authorized to solemnize marriages within the Philippines.12 He testified that he solemnized the marriage of Syed Azhar Abbas and Gloria Goo at the residence of the bride on January 9, 1993.13 He stated that the witnesses were Atty. Lorenzo Sanchez (Atty. Sanchez) and Mary Ann Ceriola.14 He testified that he had been solemnizing marriages since 1982, and that he is familiar with the requirements.15 Rev. Dauz further testified that Atty. Sanchez gave him the marriage license the day before the actual wedding, and that the marriage contract was prepared by his secretary.16 After the solemnization of the marriage, it was registered with the Local Civil Registrar of Manila, and Rev. Dauz submitted the marriage contract and copy of the marriage license with that office.17 Atty. Sanchez testified that he was asked to be the sponsor of the wedding of Syed Abbas and Gloria Goo by the mother of the bride, Felicitas Goo.18 He testified that he requested a certain Qualin to secure the marriage license for the couple, and that this Qualin secured the license and gave the same to him on January 8, 1993.19 He further testified that he did not know where the marriage license was obtained.20 He attended the wedding ceremony on January 9, 1993, signed the marriage contract as sponsor, and witnessed the signing of the marriage contract by the couple, the solemnizing officer and the other witness, Mary Ann Ceriola.21 Felicitas Goo testified that Gloria Goo is her daughter and Syed Azhar Abbas is her son-in-law, and that she was present at the wedding ceremony held on January 9, 1993 at her house.22 She testified that she sought the help of Atty. Sanchez at the Manila City Hall in securing the marriage license, and that a week before the marriage was to take place, a male person went to their house with the application for marriage license.23 Three days later, the same person went back to their house, showed her the marriage license before returning it to Atty. Sanchez who then gave it to Rev. Dauz, the solemnizing officer.24 She further testified that she did not read all of the contents of the marriage license, and that she was told that the marriage license was obtained from Carmona.25 She also testified that a bigamy case had been filed by Gloria against Syed at the Regional Trial Court of Manila, evidenced by an information for Bigamy dated January 10, 2003, pending before Branch 47 of the Regional Trial Court of Manila.26 As to Mary Ann Ceriolas testimony, the counsels for both parties stipulated that: (a) she is one of the sponsors at the wedding of Gloria Goo and Syed Abbas on January 9, 1993; (b) she was seen in the wedding photos and she could identify all the persons

31

depicted in said photos; and (c) her testimony corroborates that of Felicitas Goo and Atty. Sanchez. The respondent, Gloria, testified that Syed is her husband, and presented the marriage contract bearing their signatures as proof.27 She and her mother sought the help of Atty. Sanchez in securing a marriage license, and asked him to be one of the sponsors. A certain Qualin went to their house and said that he will get the marriage license for them, and after several days returned with an application for marriage license for them to sign, which she and Syed did. After Qualin returned with the marriage license, they gave the license to Atty. Sanchez who gave it to Rev. Dauz, the solemnizing officer. Gloria testified that she and Syed were married on January 9, 1993 at their residence.28 Gloria further testified that she has a daughter with Syed, born on June 15, 1993.29 Gloria also testified that she filed a bigamy case against Syed, who had married a certain Maria Corazon Buenaventura during the existence of the previous marriage, and that the case was docketed as Criminal Case No. 02A-03408, with the RTC of Manila.30 Gloria stated that she and Syed had already been married on August 9, 1992 in Taiwan, but that she did not know if said marriage had been celebrated under Muslim rites, because the one who celebrated their marriage was Chinese, and those around them at the time were Chinese.31 The Ruling of the RTC In its October 5, 2005 Decision, the Pasay City RTC held that no valid marriage license was issued by the Municipal Civil Registrar of Carmona, Cavite in favor of Gloria and Syed, as Marriage License No. 9969967 had been issued to Arlindo Getalado and Myra Mabilangan, and the Municipal Civil Registrar of Carmona, Cavite had certified that no marriage license had been issued for Gloria and Syed.32 It also took into account the fact that neither party was a resident of Carmona, Cavite, the place where Marriage License No. 9969967 was issued, in violation of Article 9 of the Family Code.33 As the marriage was not one of those exempt from the license requirement, and that the lack of a valid marriage license is an absence of a formal requisite, the marriage of Gloria and Syed on January 9, 1993 was void ab initio. The dispositive portion of the Decision reads as follows: WHEREFORE, judgment is hereby rendered in favor of the petitioner, and against the respondent declaring as follows: 1. The marriage on January 9, 1993 between petitioner Syed Azhar Abbas and respondent Gloria Goo-Abbas is hereby annulled; 2. Terminating the community of property relations between the petitioner and the respondent even if no property was acquired during their cohabitation by reason of the nullity of the marriage of the parties. 3. The Local Civil Registrar of Manila and the Civil Registrar General, National Statistics Office, are hereby ordered to cancel from their respective civil registries the marriage contracted by petitioner Syed Azhar Abbas and respondent Gloria Goo-Abbas on January 9, 1993 in Manila. SO ORDERED.34

The Ruling of the CA In her appeal to the CA, Gloria submitted the following assignment of errors: I THE LOWER COURT ERRED IN DECLARING THE MARRIAGE BETWEEN THE PETITIONER AND RESPONDENT AS NULL AND VOID DUE TO THE ABSENCE OF A MARRIAGE LICENSE DESPITE EVIDENCE CLEARLY SHOWING THAT THERE WAS ONE. II THE LOWER COURT ERRED IN NOT CONSIDERING, AS A REQUISITE OF A VALID MARRIAGE, THE OVERWHELMING EVIDENCE SHOWING THAT A MARRIAGE CEREMONY TOOK PLACE WITH THE APPEARANCE OF THE CONTRACTING PARTIES BEFORE THE SOLEMNIZING OFFICER AND THEIR PERSONAL DECLARATION THAT THEY TOOK EACH OTHER AS HUSBAND AND WIFE IN THE PRESENCE OF NOT LESS THAN TWO WITNESSES OF LEGAL AGE. III THE LOWER COURT ERRED IN NOT RULING ON THE ISSUE OF ESTOPPEL BY LACHES ON THE PART OF THE PETITIONER, AN ISSUE TIMELY RAISED IN THE COURT BELOW.35 The CA gave credence to Glorias arguments, and granted her appeal. It held that the certification of the Municipal Civil Registrar failed to categorically state that a diligent search for the marriage license of Gloria and Syed was conducted, and thus held that said certification could not be accorded probative value.36 The CA ruled that there was sufficient testimonial and documentary evidence that Gloria and Syed had been validly married and that there was compliance with all the requisites laid down by law.37 It gave weight to the fact that Syed had admitted to having signed the marriage contract. The CA also considered that the parties had comported themselves as husband and wife, and that Syed only instituted his petition after Gloria had filed a case against him for bigamy.38 The dispositive portion of the CA Decision reads as follows: WHEREFORE, premises considered, the appeal is GRANTED. The Decision dated 05 October 2005 and Order dated 27 January 2006 of the Regional Trial Court of Pasay City, Branch 109, in Civil Case No. 03-0382-CFM are REVERSED and SET ASIDE and the Petition for Declaration of Nullity of Marriage is DISMISSED. The marriage between Shed [sic] Azhar Abbas and Gloria Goo Abbas contracted on 09 January 1993 remains valid and subsisting. No costs. SO ORDERED.39 Syed then filed a Motion for Reconsideration dated April 1, 200840 but the same was denied by the CA in a Resolution dated July 24, 2008.41 Hence, this petition. Grounds in Support of Petition I THE HONORABLE COURT OF APPEALS COMMITTED SERIOUS ERROR OF LAW IN CITING REPUBLIC VS.

Gloria filed a Motion for Reconsideration dated November 7, 2005, but the RTC denied the same, prompting her to appeal the questioned decision to the Court of Appeals.

32

COURT OF APPEALS AS THE SAME IS DIAMETRICALLY INCONSISTENT AND CONTRARY TO THE COURTS OWN FINDINGS AND CONCLUSIONS IN THIS CASE. II THE HONORABLE COURT OF APPEALS GRAVELY ERRED IN REVERSING AND SETTING ASIDE, WITHOUT ANY FACTUAL AND LEGAL BASIS, THE DECISION OF THE REGIONAL TRIAL COURT GRANTING THE PETITION FOR DECLARATION OF NULLITY OF MARRIAGE.42 The Ruling of this Court The petition is meritorious. As the marriage of Gloria and Syed was solemnized on January 9, 1993, Executive Order No. 209, or the Family Code of the Philippines, is the applicable law. The pertinent provisions that would apply to this particular case are Articles 3, 4 and 35(3), which read as follows: Art. 3. The formal requisites of marriage are: (1) Authority of the solemnizing officer; (2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and (3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age. Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35(2). A defect in any of the essential requisites shall render the marriage voidable as provided in Article 45. An irregularity in the formal requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable. Art. 35. The following marriages shall be void from the beginning: xxxx (3) Those solemnized without a license, except those covered by the preceding Chapter. There is no issue with the essential requisites under Art. 2 of the Family Code, nor with the formal requisites of the authority of the solemnizing officer and the conduct of the marriage ceremony. Nor is the marriage one that is exempt from the requirement of a valid marriage license under Chapter 2, Title I of the Family Code. The resolution of this case, thus, hinges on whether or not a valid marriage license had been issued for the couple. The RTC held that no valid marriage license had been issued. The CA held that there was a valid marriage license. We find the RTC to be correct in this instance. Respondent Gloria failed to present the actual marriage license, or a copy thereof, and relied on the marriage contract as well as the testimonies of her witnesses to prove the existence of said license. To prove that no such license was issued, Syed turned to the office of the Municipal Civil Registrar of Carmona, Cavite which had allegedly issued said license. It was there that he

requested certification that no such license was issued. In the case of Republic v. Court of Appeals43 such certification was allowed, as permitted by Sec. 29, Rule 132 of the Rules of Court, which reads: SEC. 28. Proof of lack of record. A written statement signed by an officer having the custody of an official record or by his deputy that after diligent search, no record or entry of a specified tenor is found to exist in the records of his office, accompanied by a certificate as above provided, is admissible as evidence that the records of his office contain no such record or entry. In the case of Republic, in allowing the certification of the Civil Registrar of Pasig to prove the non-issuance of a marriage license, the Court held: The above Rule authorized the custodian of the documents to certify that despite diligent search, a particular document does not exist in his office or that a particular entry of a specified tenor was not to be found in a register. As custodians of public documents, civil registrars are public officers charged with the duty, inter alia, of maintaining a register book where they are required to enter all applications for marriage licenses, including the names of the applicants, the date the marriage license was issued and such other relevant data.44 The Court held in that case that the certification issued by the civil registrar enjoyed probative value, as his duty was to maintain records of data relative to the issuance of a marriage license. The Municipal Civil Registrar of Carmona, Cavite, where the marriage license of Gloria and Syed was allegedly issued, issued a certification to the effect that no such marriage license for Gloria and Syed was issued, and that the serial number of the marriage license pertained to another couple, Arlindo Getalado and Myra Mabilangan. A certified machine copy of Marriage License No. 9969967 was presented, which was issued in Carmona, Cavite, and indeed, the names of Gloria and Syed do not appear in the document. In reversing the RTC, the CA focused on the wording of the certification, stating that it did not comply with Section 28, Rule 132 of the Rules of Court. The CA deduced that from the absence of the words "despite diligent search" in the certification, and since the certification used stated that no marriage license appears to have been issued, no diligent search had been conducted and thus the certification could not be given probative value. To justify that deduction, the CA cited the case of Republic v. Court of Appeals.45 It is worth noting that in that particular case, the Court, in sustaining the finding of the lower court that a marriage license was lacking, relied on the Certification issued by the Civil Registrar of Pasig, which merely stated that the alleged marriage license could not be located as the same did not appear in their records. Nowhere in the Certification was it categorically stated that the officer involved conducted a diligent search, nor is a categorical declaration absolutely necessary for Sec. 28, Rule 132 of the Rules of Court to apply. Under Sec. 3(m), Rule 131 of the Rules of Court, it is a disputable presumption that an official duty has been regularly performed, absent contradiction or other evidence to the contrary. We held, "The presumption of regularity of official acts may be rebutted by affirmative evidence of irregularity or failure to perform a duty."46 No such affirmative evidence was shown that the Municipal Civil Registrar was lax in performing her duty of checking the records of their office, thus the presumption must stand. In fact, proof does exist of a diligent search having been conducted, as Marriage License No. 996967 was indeed located and submitted to the court. The fact that the names in said license do not correspond to those of Gloria and Syed does not overturn the presumption that the registrar conducted a diligent search of the records of her office.

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It is telling that Gloria failed to present their marriage license or a copy thereof to the court. She failed to explain why the marriage license was secured in Carmona, Cavite, a location where, admittedly, neither party resided. She took no pains to apply for the license, so she is not the best witness to testify to the validity and existence of said license. Neither could the other witnesses she presented prove the existence of the marriage license, as none of them applied for the license in Carmona, Cavite. Her mother, Felicitas Goo, could not even testify as to the contents of the license, having admitted to not reading all of its contents. Atty. Sanchez, one of the sponsors, whom Gloria and Felicitas Goo approached for assistance in securing the license, admitted not knowing where the license came from. The task of applying for the license was delegated to a certain Qualin, who could have testified as to how the license was secured and thus impeached the certification of the Municipal Civil Registrar as well as the testimony of her representative. As Gloria failed to present this Qualin, the certification of the Municipal Civil Registrar still enjoys probative value. It is also noted that the solemnizing officer testified that the marriage contract and a copy of the marriage license were submitted to the Local Civil Registrar of Manila. Thus, a copy of the marriage license could have simply been secured from that office and submitted to the court. However, Gloria inexplicably failed to do so, further weakening her claim that there was a valid marriage license issued for her and Syed. In the case of Cario v. Cario,47 following the case of Republic,48 it was held that the certification of the Local Civil Registrar that their office had no record of a marriage license was adequate to prove the non-issuance of said license. The case of Cario further held that the presumed validity of the marriage of the parties had been overcome, and that it became the burden of the party alleging a valid marriage to prove that the marriage was valid, and that the required marriage license had been secured.49 Gloria has failed to discharge that burden, and the only conclusion that can be reached is that no valid marriage license was issued. It cannot be said that there was a simple irregularity in the marriage license that would not affect the validity of the marriage, as no license was presented by the respondent. No marriage license was proven to have been issued to Gloria and Syed, based on the certification of the Municipal Civil Registrar of Carmona, Cavite and Glorias failure to produce a copy of the alleged marriage license. To bolster its ruling, the CA cited other evidence to support its conclusion that Gloria and Syed were validly married. To quote the CA: Moreover, the record is replete with evidence, testimonial and documentary, that appellant and appellee have been validly married and there was compliance with all the requisites laid down by law. Both parties are legally capacitated to marry. A certificate of legal capacity was even issued by the Embassy of Pakistan in favor of appellee. The parties herein gave their consent freely. Appellee admitted that the signature above his name in the marriage contract was his. Several pictures were presented showing appellant and appellee, before the solemnizing officer, the witnesses and other members of appellants family, taken during the marriage ceremony, as well as in the restaurant where the lunch was held after the marriage ceremony. Most telling of all is Exhibit "5-C" which shows appellee signing the Marriage Contract. xxxx The parties have comported themselves as husband and wife and has [sic] one offspring, Aliea Fatima Goo Abbas, who was born on 15 June 1993. It took appellee more than ten (10) years before he filed on 01 August 2003 his Petition for Declaration of Nullity of Marriage under Article 4 of the Family Code. We take serious note that said Petition appears to have been instituted by him only after an Information for Bigamy (Exhibit "1") dated 10 January 2003 was filed against him for contracting a second or subsequent marriage with one Ma. Corazon (Maryam) T. Buenaventura. We are not ready to reward (appellee) by

declaring the nullity of his marriage and give him his freedom and in the process allow him to profit from his own deceit and perfidy.50 All the evidence cited by the CA to show that a wedding ceremony was conducted and a marriage contract was signed does not operate to cure the absence of a valid marriage license. Article 4 of the Family Code is clear when it says, "The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35(2)." Article 35(3) of the Family Code also provides that a marriage solemnized without a license is void from the beginning, except those exempt from the license requirement under Articles 27 to 34, Chapter 2, Title I of the same Code.51 Again, this marriage cannot be characterized as among the exemptions, and thus, having been solemnized without a marriage license, is void ab initio.1wphi1 As to the motive of Syed in seeking to annul his marriage to Gloria, it may well be that his motives are less than pure, that he seeks to evade a bigamy suit. Be that as it may, the same does not make up for the failure of the respondent to prove that they had a valid marriage license, given the weight of evidence presented by petitioner. The lack of a valid marriage license cannot be attributed to him, as it was Gloria who took steps to procure the same. The law must be applied. As the marriage license, a formal requisite, is clearly absent, the marriage of Gloria and Syed is void ab initio. WHEREFORE, in light of the foregoing, the petition is hereby GRANTED. The assailed Decision dated March 11, 2008 and Resolution dated July 24, 2008 of the Court of Appeals in CA-G.R. CV No. 86760 are hereby REVERSED and SET ASIDE. The Decision of the Regional Trial Court, Branch 109, Pasay City dated October 5, 2005 in Civil Case No. 03-0382-CFM annulling the marriage of petitioner with respondent on January 9, 1993 is hereby REINSTATED. No costs. SO ORDERED.

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G.R. No. 155733

January 27, 2006

IN THE MATTER OF THE INTESTATE ESTATES OF THE DECEASED JOSEFA DELGADO AND GUILLERMO RUSTIA CARLOTA DELGADO VDA. DE DE LA ROSA and other HEIRS OF LUIS DELGADO, namely, HEIRS OF CONCHA VDA. DE AREVALO, HEIRS OF LUISA DELGADO VDA. DE DANAO, ANGELA DELGADO ARESPACOCHAGA, TERESA DELGADO PERLAS, CAROLINA DELGADO-ARESPACOCHAGA, RODOLFO DELGADO, BENJAMIN DELGADO, GLICERIA DELGADO and CLEOFAS DELGADO; and HEIRS OF GORGONIO DELGADO, namely, RAMON DELGADO CAMPO, CARLOS DELGADO CAMPO, CLARITA DELGADO CAMPO-REIZA, YOLANDA DELGADO ENCINAS, FELISA DELGADO CAMPO-ENCINAS and MELINDA DELGADO CAMPO-MADARANG, Petitioners, vs. HEIRS OF MARCIANA RUSTIA VDA. DE DAMIAN, namely, GUILLERMO R. DAMIAN and JOSE R. DAMIAN; HEIRS OF HORTENCIA RUSTIA CRUZ, namely, TERESITA CRUZ-SISON, HORACIO R. CRUZ, JOSEFINA CRUZ-RODIL, AMELIA CRUZENRIQUEZ and FIDEL R. CRUZ, JR.; HEIRS OF ROMAN RUSTIA, SR., namely, JOSEFINA RUSTIA ALBANO, VIRGINIA RUSTIA PARAISO, ROMAN RUSTIA, JR., SERGIO RUSTIA, FRANCISCO RUSTIA, LETICIA RUSTIA-MIRANDA; and GUILLERMINA RUSTIA, as Oppositors;1 and GUILLERMA RUSTIA, as Intervenor,2 Respondents.3 DECISION CORONA, J.: In this petition for review on certiorari, petitioners seek to reinstate the May 11, 1990 decision of the Regional Trial Court (RTC) of Manila, Branch 55,4 in SP Case No. 97668, which was reversed and set aside by the Court of Appeals in its decision5 dated October 24, 2002. FACTS OF THE CASE This case concerns the settlement of the intestate estates of Guillermo Rustia and Josefa Delgado.6 The main issue in this case is relatively simple: who, between petitioners and respondents, are the lawful heirs of the decedents. However, it is attended by several collateral issues that complicate its resolution. The claimants to the estates of Guillermo Rustia and Josefa Delgado may be divided into two groups: (1) the alleged heirs of Josefa Delgado, consisting of her half- and full-blood siblings, nephews and nieces, and grandnephews and grandnieces, and (2) the alleged heirs of Guillermo Rustia, particularly, his sisters,7 his nephews and nieces,8 his illegitimate child,9 and the de facto adopted child10 (ampun-ampunan) of the decedents. The alleged heirs of Josefa Delgado The deceased Josefa Delgado was the daughter of Felisa11 Delgado by one Lucio Campo. Aside from Josefa, five other children were born to the couple, namely, Nazario, Edilberta, Jose, Jacoba, and Gorgonio, all surnamed Delgado. Felisa Delgado was never married to Lucio Campo, hence, Josefa and her full-blood siblings were all natural children of Felisa Delgado. However, Lucio Campo was not the first and only man in Felisa Delgados life. Before him was Ramon Osorio12with whom Felisa had a son, Luis Delgado. But, unlike her relationship with Lucio Campo which was admittedly one without the benefit of marriage, the legal status of Ramon Osorios and Felisa Delgados union is in dispute. The question of whether Felisa Delgado and Ramon Osorio ever got married is crucial to the claimants because the answer will determine whether their successional rights fall within the ambit of the rule against reciprocal intestate succession between legitimate and illegitimate relatives.13 If Ramon Osorio and Felisa

Delgado had been validly married, then their only child Luis Delgado was a legitimate half-blood brother of Josefa Delgado and therefore excluded from the latters intestate estate. He and his heirs would be barred by the principle of absolute separation between the legitimate and illegitimate families. Conversely, if the couple were never married, Luis Delgado and his heirs would be entitled to inherit from Josefa Delgados intestate estate, as they would all be within the illegitimate line. Petitioners allege that Ramon Osorio and Felisa Delgado were never married. In support thereof, they assert that no evidence was ever presented to establish it, not even so much as an allegation of the date or place of the alleged marriage. What is clear, however, is that Felisa retained the surname Delgado. So did Luis, her son with Ramon Osorio. Later on, when Luis got married, his Partida de Casamiento14 stated that he was "hijo natural de Felisa Delgado" (the natural child of Felisa Delgado),15 significantly omitting any mention of the name and other circumstances of his father.16 Nevertheless, oppositors (now respondents) insist that the absence of a record of the alleged marriage did not necessarily mean that no marriage ever took place. Josefa Delgado died on September 8, 1972 without a will. She was survived by Guillermo Rustia and some collateral relatives, the petitioners herein. Several months later, on June 15, 1973, Guillermo Rustia executed an affidavit of selfadjudication of the remaining properties comprising her estate. The marriage of Guillermo Rustia and Josefa Delgado Sometime in 1917, Guillermo Rustia proposed marriage to Josefa Delgado17 but whether a marriage in fact took place is disputed. According to petitioners, the two eventually lived together as husband and wife but were never married. To prove their assertion, petitioners point out that no record of the contested marriage existed in the civil registry. Moreover, a baptismal certificate naming Josefa Delgado as one of the sponsors referred to her as "Seorita" or unmarried woman. The oppositors (respondents here), on the other hand, insist that the absence of a marriage certificate did not of necessity mean that no marriage transpired. They maintain that Guillermo Rustia and Josefa Delgado were married on June 3, 1919 and from then on lived together as husband and wife until the death of Josefa on September 8, 1972. During this period spanning more than half a century, they were known among their relatives and friends to have in fact been married. To support their proposition, oppositors presented the following pieces of evidence: 1. Certificate of Identity No. 9592 dated [December 1, 1944] issued to Mrs. Guillermo J. Rustia by Carlos P. Romulo, then Resident Commissioner to the United States of the Commonwealth of the Philippines; 2. Philippine Passport No. 4767 issued to Josefa D. Rustia on June 25, 1947; 3. Veterans Application for Pension or Compensation for Disability Resulting from Service in the Active Military or Naval Forces of the United States- Claim No. C-4, 004, 503 (VA Form 526) filed with the Veterans Administration of the United States of America by Dr. Guillermo J. Rustia wherein Dr. Guillermo J. Rustia himself [swore] to his marriage to Josefa Delgado in Manila on 3 June 1919;18 4. Titles to real properties in the name of Guillermo Rustia indicated that he was married to Josefa Delgado. The alleged heirs of Guillermo Rustia Guillermo Rustia and Josefa Delgado never had any children. With no children of their own, they took into their home the

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youngsters Guillermina Rustia Rustia and Nanie Rustia. These children, never legally adopted by the couple, were what was known in the local dialect as ampun-ampunan. During his life with Josefa, however, Guillermo Rustia did manage to father an illegitimate child,19 the intervenor-respondent Guillerma Rustia, with one Amparo Sagarbarria. According to Guillerma, Guillermo Rustia treated her as his daughter, his own flesh and blood, and she enjoyed open and continuous possession of that status from her birth in 1920 until her fathers demise. In fact, Josefa Delgados obituary which was prepared by Guillermo Rustia, named the intervenor-respondent as one of their children. Also, her report card from the University of Santo Tomas identified Guillermo Rustia as her parent/guardian.20 Oppositors (respondents here) nonetheless posit that Guillerma Rustia has no interest in the intestate estate of Guillermo Rustia as she was never duly acknowledged as an illegitimate child. They contend that her right to compulsory acknowledgement prescribed when Guillermo died in 1974 and that she cannot claim voluntary acknowledgement since the documents she presented were not the authentic writings prescribed by the new Civil Code.21 On January 7, 1974, more than a year after the death of Josefa Delgado, Guillermo Rustia filed a petition for the adoption22 of their ampun-ampunan Guillermina Rustia. He stated under oath "[t]hat he ha[d] no legitimate, legitimated, acknowledged natural children or natural children by legal fiction."23 The petition was overtaken by his death on February 28, 1974. Like Josefa Delgado, Guillermo Rustia died without a will. He was survived by his sisters Marciana Rustia vda. deDamian and Hortencia Rustia-Cruz, and by the children of his predeceased brother Roman Rustia Sr., namely, Josefina Rustia Albano, Virginia Rustia Paraiso, Roman Rustia, Jr., Sergio Rustia, Francisco Rustia and Leticia Rustia Miranda.24 ANTECEDENT PROCEEDINGS On May 8, 1975, Luisa Delgado vda. de Danao, the daughter of Luis Delgado, filed the original petition for letters of administration of the intestate estates of the "spouses Josefa Delgado and Guillermo Rustia" with the RTC of Manila, Branch 55.25 This petition was opposed by the following: (1) the sisters of Guillermo Rustia, namely, Marciana Rustia vda. de Damian and Hortencia Rustia-Cruz;26 (2) the heirs of Guillermo Rustias late brother, Roman Rustia, Sr., and (3) the ampunampunan Guillermina Rustia Rustia. The opposition was grounded on the theory that Luisa Delgado vda. de Danao and the other claimants were barred under the law from inheriting from their illegitimate half-blood relative Josefa Delgado. In November of 1975, Guillerma Rustia filed a motion to intervene in the proceedings, claiming she was the only surviving descendant in the direct line of Guillermo Rustia. Despite the objections of the oppositors (respondents herein), the motion was granted. On April 3, 1978, the original petition for letters of administration was amended to state that Josefa Delgado and Guillermo Rustia were never married but had merely lived together as husband and wife. On January 24, 1980, oppositors (respondents herein) filed a motion to dismiss the petition in the RTC insofar as the estate of Guillermo Rustia was concerned. The motion was denied on the ground that the interests of the petitioners and the other claimants remained in issue and should be properly threshed out upon submission of evidence. On March 14, 1988, Carlota Delgado vda. de de la Rosa substituted for her sister, Luisa Delgado vda. de Danao, who had died on May 18, 1987.

On May 11, 1990, the RTC appointed Carlota Delgado vda. de de la Rosa as administratrix of both estates.27 The dispositive portion of the decision read: WHEREFORE, in view of all the foregoing, petitioner and her coclaimants to the estate of the late Josefa Delgado listed in the Petitions, and enumerated elsewhere in this Decision, are hereby declared as the only legal heirs of the said Josefa Delgado who died intestate in the City of Manila on September 8, 1972, and entitled to partition the same among themselves in accordance with the proportions referred to in this Decision. Similarly, the intervenor Guillerma S. Rustia is hereby declared as the sole and only surviving heir of the late Dr. Guillermo Rustia, and thus, entitled to the entire estate of the said decedent, to the exclusion of the oppositors and the other parties hereto. The Affidavit of Self-Adjudication of the estate of Josefa Delgado executed by the late Guillermo J. Rustia on June 15, 1973 is hereby SET ASIDE and declared of no force and effect. As the estates of both dece[d]ents have not as yet been settled, and their settlement [is] considered consolidated in this proceeding in accordance with law, a single administrator therefor is both proper and necessary, and, as the petitioner Carlota Delgado Vda. de dela Rosa has established her right to the appointment as administratrix of the estates, the Court hereby APPOINTS her as the ADMINISTRATRIX of the intestate estate of the decedent JOSEFA DELGADO in relation to the estate of DR. GUILLERMO J. RUSTIA. Accordingly, let the corresponding LETTERS OF ADMINISTRATION issue to the petitioner CARLOTA DELGADO VDA. DE DE LA ROSA upon her filing of the requisite bond in the sum of FIVE HUNDRED THOUSAND PESOS (P500,000.00). Finally, oppositor GUILLERMINA RUSTIA RUSTIA is hereby ordered to cease and desist from her acts of administration of the subject estates, and is likewise ordered to turn over to the appointed administratix all her collections of the rentals and income due on the assets of the estates in question, including all documents, papers, records and titles pertaining to such estates to the petitioner and appointed administratix CARLOTA DELGADO VDA. DE DE LA ROSA, immediately upon receipt of this Decision. The same oppositor is hereby required to render an accounting of her actual administration of the estates in controversy within a period of sixty (60) days from receipt hereof. SO ORDERED.28 On May 20, 1990, oppositors filed an appeal which was denied on the ground that the record on appeal was not filed on time.29 They then filed a petition for certiorari and mandamus30 which was dismissed by the Court of Appeals.31 However, on motion for reconsideration and after hearing the parties oral arguments, the Court of Appeals reversed itself and gave due course to oppositors appeal in the interest of substantial justice.32 In a petition for review to this Court, petitioners assailed the resolution of the Court of Appeals, on the ground that oppositors failure to file the record on appeal within the reglementary period was a jurisdictional defect which nullified the appeal. On October 10, 1997, this Court allowed the continuance of the appeal. The pertinent portion of our decision33 read: As a rule, periods prescribed to do certain acts must be followed. However, under exceptional circumstances, a delay in the filing of an appeal may be excused on grounds of substantial justice. xxx xxx xxx The respondent court likewise pointed out the trial courts pronouncements as to certain matters of substance, relating to

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the determination of the heirs of the decedents and the party entitled to the administration of their estate, which were to be raised in the appeal, but were barred absolutely by the denial of the record on appeal upon too technical ground of late filing. xxx xxx xxx In this instance, private respondents intention to raise valid issues in the appeal is apparent and should not have been construed as an attempt to delay or prolong the administration proceedings. xxx xxx xxx A review of the trial courts decision is needed. xxx xxx xxx WHEREFORE, in view of the foregoing considerations, the Court hereby AFFIRMS the Resolution dated November 27, 1991 of the Court of Appeals in CA-G.R. SP No. 23415, for the APPROVAL of the private respondents Record on Appeal and the CONTINUANCE of the appeal from the Manila, Branch LV Regional Trial Courts May 11, 1990 decision. SO ORDERED. Acting on the appeal, the Court of Appeals34 partially set aside the trial courts decision. Upon motion for reconsideration,35 the Court of Appeals amended its earlier decision.36 The dispositive portion of the amended decision read: With the further modification, our assailed decision is RECONSIDERED and VACATED. Consequently, the decision of the trial court is REVERSED and SET ASIDE. A new one is hereby RENDERED declaring: 1.) Dr. Guillermo Rustia and Josefa Delgado Rustia to have been legally married; 2.) the intestate estate of Dr. Guillermo Rustia, Jacoba Delgado-Encinas and the children of Gorgonio Delgado (Campo) entitled to partition among themselves the intestate estate of Josefa D. Rustia in accordance with the proportion referred to in this decision; 3.) the oppositors-appellants as the legal heirs of the late Dr. Guillermo Rustia and thereby entitled to partition his estate in accordance with the proportion referred to herein; and 4.) the intervenor-appellee Guillerma S. Rustia as ineligible to inherit from the late Dr. Guillermo Rustia; thus revoking her appointment as administratrix of his estate. The letters of administration of the intestate estate of Dr. Guillermo Rustia in relation to the intestate estate of Josefa Delgado shall issue to the nominee of the oppositors-appellants upon his or her qualification and filing of the requisite bond in the sum of FIVE HUNDRED THOUSAND PESOS (P500,000.00). Oppositor-appellant Guillermina Rustia Rustia is hereby ordered to cease and desist from her acts of administration of the subject estates and to turn over to the appointed administrator all her collections of the rentals and incomes due on the assets of the estates in question, including all documents, papers, records and titles pertaining to such estates to the appointed administrator, immediately upon notice of his qualification and posting of the requisite bond, and to render an accounting of her (Guillermina Rustia Rustia) actual administration of the estates in controversy within a period of sixty (60) days from notice of the administrators qualification and posting of the bond. The issue of the validity of the affidavit of self-adjudication executed by Dr. Guillermo Rustia on June 15, 1973 isREMANDED to the trial court for further proceedings to determine the extent of the shares of Jacoba Delgado-Encinas and the children of Gorgonio Delgado (Campo) affected by the said adjudication. Hence, this recourse.

The issues for our resolution are: 1. whether there was a valid marriage between Guillermo Rustia and Josefa Delgado; 2. who the legal heirs of the decedents Guillermo Rustia and Josefa Delgado are; 3. who should be issued letters of administration. The marriage of Guillermo Rustia and Josefa Delgado A presumption is an inference of the existence or non-existence of a fact which courts are permitted to draw from proof of other facts. Presumptions are classified into presumptions of law and presumptions of fact. Presumptions of law are, in turn, either conclusive or disputable.37 Rule 131, Section 3 of the Rules of Court provides: Sec. 3. Disputable presumptions. The following presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence: xxx xxx xxx (aa) That a man and a woman deporting themselves as husband and wife have entered into a lawful contract of marriage; xxx xxx xxx In this case, several circumstances give rise to the presumption that a valid marriage existed between Guillermo Rustia and Josefa Delgado. Their cohabitation of more than 50 years cannot be doubted. Their family and friends knew them to be married. Their reputed status as husband and wife was such that even the original petition for letters of administration filed by Luisa Delgado vda. de Danao in 1975 referred to them as "spouses." Yet, petitioners maintain that Josefa Delgado and Guillermo Rustia had simply lived together as husband and wife without the benefit of marriage. They make much of the absence of a record of the contested marriage, the testimony of a witness38 attesting that they were not married, and a baptismal certificate which referred to Josefa Delgado as "Seorita" or unmarried woman.39 We are not persuaded. First, although a marriage contract is considered a primary evidence of marriage, its absence is not always proof that no marriage in fact took place.40 Once the presumption of marriage arises, other evidence may be presented in support thereof. The evidence need not necessarily or directly establish the marriage but must at least be enough to strengthen the presumption of marriage. Here, the certificate of identity issued to Josefa Delgado as Mrs. Guillermo Rustia,41 the passport issued to her as Josefa D. Rustia,42 the declaration under oath of no less than Guillermo Rustia that he was married to Josefa Delgado43 and the titles to the properties in the name of "Guillermo Rustia married to Josefa Delgado," more than adequately support the presumption of marriage. These are public documents which are prima facie evidence of the facts stated therein.44 No clear and convincing evidence sufficient to overcome the presumption of the truth of the recitals therein was presented by petitioners. Second, Elisa vda. de Anson, petitioners own witness whose testimony they primarily relied upon to support their position, confirmed that Guillermo Rustia had proposed marriage to Josefa Delgado and that eventually, the two had "lived together as husband and wife." This again could not but strengthen the presumption of marriage. Third, the baptismal certificate45 was conclusive proof only of the baptism administered by the priest who baptized the child. It was

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no proof of the veracity of the declarations and statements contained therein,46 such as the alleged single or unmarried ("Seorita") civil status of Josefa Delgado who had no hand in its preparation. Petitioners failed to rebut the presumption of marriage of Guillermo Rustia and Josefa Delgado. In this jurisdiction, every intendment of the law leans toward legitimizing matrimony. Persons dwelling together apparently in marriage are presumed to be in fact married. This is the usual order of things in society and, if the parties are not what they hold themselves out to be, they would be living in constant violation of the common rules of law and propriety.Semper praesumitur pro matrimonio. Always presume marriage.47 The Lawful Heirs Of Josefa Delgado To determine who the lawful heirs of Josefa Delgado are, the questioned status of the cohabitation of her mother Felisa Delgado with Ramon Osorio must first be addressed. As mentioned earlier, presumptions of law are either conclusive or disputable. Conclusive presumptions are inferences which the law makes so peremptory that no contrary proof, no matter how strong, may overturn them.48On the other hand, disputable presumptions, one of which is the presumption of marriage, can be relied on only in the absence of sufficient evidence to the contrary. Little was said of the cohabitation or alleged marriage of Felisa Delgado and Ramon Osorio. The oppositors (now respondents) chose merely to rely on the disputable presumption of marriage even in the face of such countervailing evidence as (1) the continued use by Felisa and Luis (her son with Ramon Osorio) of the surname Delgado and (2) Luis Delgados and Caridad Concepcions Partida de Casamiento49 identifying Luis as "hijo natural de Felisa Delgado" (the natural child of Felisa Delgado).50 All things considered, we rule that these factors sufficiently overcame the rebuttable presumption of marriage. Felisa Delgado and Ramon Osorio were never married. Hence, all the children born to Felisa Delgado out of her relations with Ramon Osorio and Lucio Campo, namely, Luis and his half-blood siblings Nazario, Edilberta, Jose, Jacoba, Gorgonio and the decedent Josefa, all surnamed Delgado,51 were her natural children.52 Pertinent to this matter is the following observation: Suppose, however, that A begets X with B, and Y with another woman, C; then X and Y would be natural brothers and sisters, but of half-blood relationship. Can they succeed each other reciprocally? The law prohibits reciprocal succession between illegitimate children and legitimate children of the same parent, even though there is unquestionably a tie of blood between them. It seems that to allow an illegitimate child to succeed ab intestato (from) another illegitimate child begotten with a parent different from that of the former, would be allowing the illegitimate child greater rights than a legitimate child. Notwithstanding this, however, we submit that succession should be allowed, even when the illegitimate brothers and sisters are only of the half-blood. The reason impelling the prohibition on reciprocal successions between legitimate and illegitimate families does not apply to the case under consideration. That prohibition has for its basis the difference in category between illegitimate and legitimate relatives. There is no such difference when all the children are illegitimate children of the same parent, even if begotten with different persons. They all stand on the same footing before the law, just like legitimate children of half-blood relation. We submit, therefore, that the rules regarding succession of legitimate brothers and sisters should be applicable to them. Full blood illegitimate brothers and sisters should receive double the

portion of half-blood brothers and sisters; and if all are either of the full blood or of the half-blood, they shall share equally.53 Here, the above-named siblings of Josefa Delgado were related to her by full-blood, except Luis Delgado, her half-brother. Nonetheless, since they were all illegitimate, they may inherit from each other. Accordingly, all of them are entitled to inherit from Josefa Delgado. We note, however, that the petitioners before us are already the nephews, nieces, grandnephews and grandnieces of Josefa Delgado. Under Article 972 of the new Civil Code, the right of representation in the collateral line takes place only in favor of the children of brothers and sisters (nephews and nieces). Consequently, it cannot be exercised by grandnephews and grandnieces.54 Therefore, the only collateral relatives of Josefa Delgado who are entitled to partake of her intestate estate are her brothers and sisters, or their children who were still alive at the time of her death on September 8, 1972. They have a vested right to participate in the inheritance.55 The records not being clear on this matter, it is now for the trial court to determine who were the surviving brothers and sisters (or their children) of Josefa Delgado at the time of her death. Together with Guillermo Rustia,56 they are entitled to inherit from Josefa Delgado in accordance with Article 1001 of the new Civil Code:57 Art. 1001. Should brothers and sisters or their children survive with the widow or widower, the latter shall be entitled to onehalf of the inheritance and the brothers and sisters or their children to the other one-half. Since Josefa Delgado had heirs other than Guillermo Rustia, Guillermo could not have validly adjudicated Josefas estate all to himself. Rule 74, Section 1 of the Rules of Court is clear. Adjudication by an heir of the decedents entire estate to himself by means of an affidavit is allowed only if he is the sole heir to the estate: SECTION 1. Extrajudicial settlement by agreement between heirs. If the decedent left no will and no debts and the heirs are all of age, or the minors are represented by their judicial or legal representatives duly authorized for the purpose, the parties may, without securing letters of administration, divide the estate among themselves as they see fit by means of a public instrument filed in the office of the register of deeds, and should they disagree, they may do so in an ordinary action of partition. If there is only one heir, he may adjudicate to himself the estate by means of an affidavit filed in the office of the register of deeds. x x x (emphasis supplied) The Lawful Heirs Of Guillermo Rustia Intervenor (now co-respondent) Guillerma Rustia is an illegitimate child58 of Guillermo Rustia. As such, she may be entitled to successional rights only upon proof of an admission or recognition of paternity.59 She, however, claimed the status of an acknowledged illegitimate child of Guillermo Rustia only after the death of the latter on February 28, 1974 at which time it was already the new Civil Code that was in effect. Under the old Civil Code (which was in force till August 29, 1950), illegitimate children absolutely had no hereditary rights. This draconian edict was, however, later relaxed in the new Civil Code which granted certain successional rights to illegitimate children but only on condition that they were first recognized or acknowledged by the parent. Under the new law, recognition may be compulsory or voluntary.60 Recognition is compulsory in any of the following cases: (1) in cases of rape, abduction or seduction, when the period of the offense coincides more or less with that of the conception;

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(2) when the child is in continuous possession of status of a child of the alleged father (or mother)61 by the direct acts of the latter or of his family; (3) when the child was conceived during the time when the mother cohabited with the supposed father; (4) when the child has in his favor any evidence or proof that the defendant is his father. 62 On the other hand, voluntary recognition may be made in the record of birth, a will, a statement before a court of record or in any authentic writing.63 Intervenor Guillerma sought recognition on two grounds: first, compulsory recognition through the open and continuous possession of the status of an illegitimate child and second, voluntary recognition through authentic writing. There was apparently no doubt that she possessed the status of an illegitimate child from her birth until the death of her putative father Guillermo Rustia. However, this did not constitute acknowledgment but a mere ground by which she could have compelled acknowledgment through the courts.64 Furthermore, any (judicial) action for compulsory acknowledgment has a dual limitation: the lifetime of the child and the lifetime of the putative parent.65On the death of either, the action for compulsory recognition can no longer be filed.66 In this case, intervenor Guillermas right to claim compulsory acknowledgment prescribed upon the death of Guillermo Rustia on February 28, 1974. The claim of voluntary recognition (Guillermas second ground) must likewise fail. An authentic writing, for purposes of voluntary recognition, is understood as a genuine or indubitable writing of the parent (in this case, Guillermo Rustia). This includes a public instrument or a private writing admitted by the father to be his.67 Did intervenors report card from the University of Santo Tomas and Josefa Delgados obituary prepared by Guillermo Rustia qualify as authentic writings under the new Civil Code? Unfortunately not. The report card of intervenor Guillerma did not bear the signature of Guillermo Rustia. The fact that his name appears there as intervenors parent/guardian holds no weight since he had no participation in its preparation. Similarly, while witnesses testified that it was Guillermo Rustia himself who drafted the notice of death of Josefa Delgado which was published in the Sunday Times on September 10, 1972, that published obituary was not the authentic writing contemplated by the law. What could have been admitted as an authentic writing was the original manuscript of the notice, in the handwriting of Guillermo Rustia himself and signed by him, not the newspaper clipping of the obituary. The failure to present the original signed manuscript was fatal to intervenors claim. The same misfortune befalls the ampun-ampunan, Guillermina Rustia Rustia, who was never adopted in accordance with law. Although a petition for her adoption was filed by Guillermo Rustia, it never came to fruition and was dismissed upon the latters death. We affirm the ruling of both the trial court and the Court of Appeals holding her a legal stranger to the deceased spouses and therefore not entitled to inherit from them ab intestato. We quote: Adoption is a juridical act, a proceeding in rem, which [created] between two persons a relationship similar to that which results from legitimate paternity and filiation. Only an adoption made through the court, or in pursuance with the procedure laid down under Rule 99 of the Rules of Court is valid in this jurisdiction. It is not of natural law at all, but is wholly and entirely artificial. To establish the relation, the statutory requirements must be strictly carried out, otherwise, the adoption is an absolute nullity. The fact of adoption is never presumed, but must be affirmatively [proven] by the person claiming its existence.68 Premises considered, we rule that two of the claimants to the estate of Guillermo Rustia, namely, intervenor Guillerma Rustia

and the ampun-ampunan Guillermina Rustia Rustia, are not lawful heirs of the decedent. Under Article 1002 of the new Civil Code, if there are no descendants, ascendants, illegitimate children, or surviving spouse, the collateral relatives shall succeed to the entire estate of the deceased. Therefore, the lawful heirs of Guillermo Rustia are the remaining claimants, consisting of his sisters,69 nieces and nephews.70 Entitlement To Letters Of Administration An administrator is a person appointed by the court to administer the intestate estate of the decedent. Rule 78, Section 6 of the Rules of Court prescribes an order of preference in the appointment of an administrator: Sec. 6. When and to whom letters of administration granted. If no executor is named in the will, or the executor or executors are incompetent, refuse the trust, or fail to give a bond, or a person dies intestate, administration shall be granted: (a) To the surviving husband or wife, as the case may be, or next of kin, or both, in the discretion of the court, or to such person as such surviving husband or wife, or next of kin, requests to have appointed, if competent and willing to serve; (b) If such surviving husband or wife, as the case may be, or next of kin, or the person selected by them, be incompetent or unwilling, or if the husband or widow or next of kin, neglects for thirty (30) days after the death of the person to apply for administration or to request that the administration be granted to some other person, it may be granted to one or more of the principal creditors, if competent and willing to serve; (c) If there is no such creditor competent and willing to serve, it may be granted to such other person as the court may select. In the appointment of an administrator, the principal consideration is the interest in the estate of the one to be appointed.71 The order of preference does not rule out the appointment of co-administrators, specially in cases where justice and equity demand that opposing parties or factions be represented in the management of the estates,72 a situation which obtains here. It is in this light that we see fit to appoint joint administrators, in the persons of Carlota Delgado vda. de de la Rosa and a nominee of the nephews and nieces of Guillermo Rustia. They are the next of kin of the deceased spouses Josefa Delgado and Guillermo Rustia, respectively. WHEREFORE, the petition (which seeks to reinstate the May 11, 1990 decision of the RTC Manila, Branch 55) is hereby DENIED. The assailed October 24, 2002 decision of the Court of Appeals is AFFIRMED with the following modifications: 1. Guillermo Rustias June 15, 1973 affidavit of selfadjudication is hereby ANNULLED. 2. the intestate estate of Guillermo Rustia shall inherit half of the intestate estate of Josefa Delgado. The remaining half shall pertain to (a) the full and halfsiblings of Josefa Delgado who survived her and (b) the children of any of Josefa Delgados full- or half-siblings who may have predeceased her, also surviving at the time of her death. Josefa Delgados grandnephews and grandnieces are excluded from her estate. In this connection, the trial court is hereby ordered to determine the identities of the relatives of Josefa Delgado who are entitled to share in her estate.

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3. Guillermo Rustias estate (including its one-half share of Josefa Delgados estate) shall be inherited by Marciana Rustia vda. de Damian and Hortencia Rustia Cruz (whose respective shares shall be per capita) and the children of the late Roman Rustia, Sr. (who survived Guillermo Rustia and whose respective shares shall be per stirpes). Considering that Marciana Rustia vda. de Damian and Hortencia Rustia Cruz are now deceased, their respective shares shall pertain to their estates. 4. Letters of administration over the still unsettled intestate estates of Guillermo Rustia and Josefa Delgado shall issue to Carlota Delgado vda. de de la Rosa and to a nominee from among the heirs of Guillermo Rustia, as joint administrators, upon their qualification and filing of the requisite bond in such amount as may be determined by the trial court. No pronouncement as to costs. SO ORDERED.

G.R. No. 152577 September 21, 2005 REPUBLIC OF THE PHILIPPINES, Petitioners, vs. CRASUS L. IYOY, Respondent. DECISION CHICO-NAZARIO, J.: In this Petition for Review on Certiorari under Rule 45 of the Rules of Court, petitioner Republic of the Philippines, represented by the Office of the Solicitor General, prays for the reversal of the Decision of the Court of Appeals in CA-G.R. CV No. 62539, dated 30 July 2001,1 affirming the Judgment of the Regional Trial Court (RTC) of Cebu City, Branch 22, in Civil Case No. CEB-20077, dated 30 October 1998,2 declaring the marriage between respondent Crasus L. Iyoy and Fely Ada Rosal-Iyoy null and void on the basis of Article 36 of the Family Code of the Philippines. The proceedings before the RTC commenced with the filing of a Complaint3 for declaration of nullity of marriage by respondent Crasus on 25 March 1997. According to the said Complaint, respondent Crasus married Fely on 16 December 1961 at Bradford Memorial Church, Jones Avenue, Cebu City. As a result of their union, they had five children Crasus, Jr., Daphne, Debbie, Calvert, and Carlos who are now all of legal ages. After the celebration of their marriage, respondent Crasus discovered that Fely was "hot-tempered, a nagger and extravagant." In 1984, Fely left the Philippines for the United States of America (U.S.A.), leaving all of their five children, the youngest then being only six years old, to the care of respondent Crasus. Barely a year after Fely left for the U.S.A., respondent Crasus received a letter from her requesting that he sign the enclosed divorce papers; he disregarded the said request. Sometime in 1985, respondent Crasus learned, through the letters sent by Fely to their children, that Fely got married to an American, with whom she eventually had a child. In 1987, Fely came back to the Philippines with her American family, staying at Cebu Plaza Hotel in Cebu City. Respondent Crasus did not bother to talk to Fely because he was afraid he might not be able to bear the sorrow and the pain she had caused him. Fely returned to the Philippines several times more: in 1990, for the wedding of their eldest child, Crasus, Jr.; in 1992, for the brain operation of their fourth child, Calvert; and in 1995, for unknown reasons. Fely continued to live with her American family in New Jersey, U.S.A. She had been openly using the surname of her American husband in the Philippines and in the U.S.A. For the wedding of Crasus, Jr., Fely herself had invitations made in which she was named as "Mrs. Fely Ada Micklus." At the time the Complaint was filed, it had been 13 years since Fely left and abandoned respondent Crasus, and there was no more possibility of reconciliation between them. Respondent Crasus finally alleged in his Complaint that Felys acts brought danger and dishonor to the family, and clearly demonstrated her psychological incapacity to perform the essential obligations of marriage. Such incapacity, being incurable and continuing, constitutes a ground for declaration of nullity of marriage under Article 36, in relation to Articles 68, 70, and 72, of the Family Code of the Philippines. Fely filed her Answer and Counterclaim4 with the RTC on 05 June 1997. She asserted therein that she was already an American citizen since 1988 and was now married to Stephen Micklus. While she admitted being previously married to respondent Crasus and having five children with him, Fely refuted the other allegations made by respondent Crasus in his Complaint. She explained that she was no more hot-tempered than any normal person, and she may had been indignant at respondent Crasus on certain occasions but it was because of the latters drunkenness, womanizing, and lack of sincere effort to find employment and to contribute to the maintenance of their household. She could not have been extravagant since the family hardly had enough money for basic needs. Indeed, Fely left for abroad for financial reasons as respondent Crasus had no job and what she was then earning as the sole breadwinner in the Philippines was insufficient to support their family. Although she left all of her children with

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respondent Crasus, she continued to provide financial support to them, as well as, to respondent Crasus. Subsequently, Fely was able to bring her children to the U.S.A., except for one, Calvert, who had to stay behind for medical reasons. While she did file for divorce from respondent Crasus, she denied having herself sent a letter to respondent Crasus requesting him to sign the enclosed divorce papers. After securing a divorce from respondent Crasus, Fely married her American husband and acquired American citizenship. She argued that her marriage to her American husband was legal because now being an American citizen, her status shall be governed by the law of her present nationality. Fely also pointed out that respondent Crasus himself was presently living with another woman who bore him a child. She also accused respondent Crasus of misusing the amount of P90,000.00 which she advanced to him to finance the brain operation of their son, Calvert. On the basis of the foregoing, Fely also prayed that the RTC declare her marriage to respondent Crasus null and void; and that respondent Crasus be ordered to pay to Fely the P90,000.00 she advanced to him, with interest, plus, moral and exemplary damages, attorneys fees, and litigation expenses. After respondent Crasus and Fely had filed their respective PreTrial Briefs,5 the RTC afforded both parties the opportunity to present their evidence. Petitioner Republic participated in the trial through the Provincial Prosecutor of Cebu.6 Respondent Crasus submitted the following pieces of evidence in support of his Complaint: (1) his own testimony on 08 September 1997, in which he essentially reiterated the allegations in his Complaint;7 (2) the Certification, dated 13 April 1989, by the Health Department of Cebu City, on the recording of the Marriage Contract between respondent Crasus and Fely in the Register of Deeds, such marriage celebration taking place on 16 December 1961;8 and (3) the invitation to the wedding of Crasus, Jr., their eldest son, wherein Fely openly used her American husbands surname, Micklus.9 Felys counsel filed a Notice,10 and, later on, a Motion,11 to take the deposition of witnesses, namely, Fely and her children, Crasus, Jr. and Daphne, upon written interrogatories, before the consular officers of the Philippines in New York and California, U.S.A, where the said witnesses reside. Despite the Orders12 and Commissions13 issued by the RTC to the Philippine Consuls of New York and California, U.S.A., to take the depositions of the witnesses upon written interrogatories, not a single deposition was ever submitted to the RTC. Taking into account that it had been over a year since respondent Crasus had presented his evidence and that Fely failed to exert effort to have the case progress, the RTC issued an Order, dated 05 October 1998,14 considering Fely to have waived her right to present her evidence. The case was thus deemed submitted for decision. Not long after, on 30 October 1998, the RTC promulgated its Judgment declaring the marriage of respondent Crasus and Fely null and void ab initio, on the basis of the following findings The ground bearing defendants psychological incapacity deserves a reasonable consideration. As observed, plaintiffs testimony is decidedly credible. The Court finds that defendant had indeed exhibited unmistakable signs of psychological incapacity to comply with her marital duties such as striving for family unity, observing fidelity, mutual love, respect, help and support. From the evidence presented, plaintiff adequately established that the defendant practically abandoned him. She obtained a divorce decree in the United States of America and married another man and has establish [sic] another family of her own. Plaintiff is in an anomalous situation, wherein he is married to a wife who is already married to another man in another country. Defendants intolerable traits may not have been apparent or manifest before the marriage, the FAMILY CODE nonetheless allows the annulment of the marriage provided that these were eventually manifested after the wedding. It appears to be the case in this instance.

Certainly defendants posture being an irresponsible wife erringly reveals her very low regard for that sacred and inviolable institution of marriage which is the foundation of human society throughout the civilized world. It is quite evident that the defendant is bereft of the mind, will and heart to comply with her marital obligations, such incapacity was already there at the time of the marriage in question is shown by defendants own attitude towards her marriage to plaintiff. In sum, the ground invoked by plaintiff which is defendants psychological incapacity to comply with the essential marital obligations which already existed at the time of the marriage in question has been satisfactorily proven. The evidence in herein case establishes the irresponsibility of defendant Fely Ada Rosal Iyoy, firmly. Going over plaintiffs testimony which is decidedly credible, the Court finds that the defendant had indeed exhibited unmistakable signs of such psychological incapacity to comply with her marital obligations. These are her excessive disposition to material things over and above the marital stability. That such incapacity was already there at the time of the marriage in question is shown by defendants own attitude towards her marriage to plaintiff. And for these reasons there is a legal ground to declare the marriage of plaintiff Crasus L. Iyoy and defendant Fely Ada Rosal Iyoy null and void ab initio.15 Petitioner Republic, believing that the afore-quoted Judgment of the RTC was contrary to law and evidence, filed an appeal with the Court of Appeals. The appellate court, though, in its Decision, dated 30 July 2001, affirmed the appealed Judgment of the RTC, finding no reversible error therein. It even offered additional ratiocination for declaring the marriage between respondent Crasus and Fely null and void, to wit Defendant secured a divorce from plaintiff-appellee abroad, has remarried, and is now permanently residing in the United States. Plaintiff-appellee categorically stated this as one of his reasons for seeking the declaration of nullity of their marriage Article 26 of the Family Code provides: "Art. 26. All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38. "WHERE A MARRIAGE BETWEEN A FILIPINO CITIZEN AND A FOREIGNER IS VALIDLY CELEBRATED AND A DIVORCE IS THEREAFTER VALIDLY OBTAINED ABROAD BY THE ALIEN SPOUSE CAPACITATING HIM OR HER TO REMARRY, THE FILIPINO SPOUSE SHALL LIKEWISE HAVE CAPACITY TO REMARRY UNDER PHILIPPINE LAW." The rationale behind the second paragraph of the above-quoted provision is to avoid the absurd and unjust situation of a Filipino citizen still being married to his or her alien spouse, although the latter is no longer married to the Filipino spouse because he or she has obtained a divorce abroad. In the case at bench, the defendant has undoubtedly acquired her American husbands citizenship and thus has become an alien as well. This Court cannot see why the benefits of Art. 26 aforequoted can not be extended to a Filipino citizen whose spouse eventually embraces another citizenship and thus becomes herself an alien. It would be the height of unfairness if, under these circumstances, plaintiff would still be considered as married to defendant, given her total incapacity to honor her marital covenants to the former. To condemn plaintiff to remain shackled in a marriage that in truth and in fact does not exist and to remain married to a spouse who is incapacitated to discharge essential marital covenants, is verily to condemn him to a perpetual disadvantage which this Court finds abhorrent and will not countenance. Justice dictates that plaintiff be given relief by affirming the trial courts declaration of the nullity of the marriage of the parties.16

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After the Court of Appeals, in a Resolution, dated 08 March 2002,17 denied its Motion for Reconsideration, petitioner Republic filed the instant Petition before this Court, based on the following arguments/grounds I. Abandonment by and sexual infidelity of respondents wife do not per se constitute psychological incapacity. II. The Court of Appeals has decided questions of substance not in accord with law and jurisprudence considering that the Court of Appeals committed serious errors of law in ruling that Article 26, paragraph 2 of the Family Code is inapplicable to the case at bar.18 In his Comment19 to the Petition, respondent Crasus maintained that Felys psychological incapacity was clearly established after a full-blown trial, and that paragraph 2 of Article 26 of the Family Code of the Philippines was indeed applicable to the marriage of respondent Crasus and Fely, because the latter had already become an American citizen. He further questioned the personality of petitioner Republic, represented by the Office of the Solicitor General, to institute the instant Petition, because Article 48 of the Family Code of the Philippines authorizes the prosecuting attorney or fiscal assigned to the trial court, not the Solicitor General, to intervene on behalf of the State, in proceedings for annulment and declaration of nullity of marriages. After having reviewed the records of this case and the applicable laws and jurisprudence, this Court finds the instant Petition to be meritorious. I The totality of evidence presented during trial is insufficient to support the finding of psychological incapacity of Fely. Article 36, concededly one of the more controversial provisions of the Family Code of the Philippines, reads 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. Issues most commonly arise as to what constitutes psychological incapacity. In a series of cases, this Court laid down guidelines for determining its existence. In Santos v. Court of Appeals,20 the term psychological incapacity was defined, thus ". . . [P]sychological incapacity" should refer to no less than a mental (not physical) incapacity that causes a party to be truly cognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage which, as so expressed by Article 68 of the Family Code, include their mutual obligations to live together, observe love, respect and fidelity and render help and support. There is hardly any doubt that the intendment of the law has been to confine the meaning of "psychological incapacity" to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage. This psychological condition must exist at the time the marriage is celebrated21 The psychological incapacity must be characterized by (a) Gravity It must be grave or serious such that the party would be incapable of carrying out the ordinary duties required in a marriage;

(b) Juridical Antecedence It must be rooted in the history of the party antedating the marriage, although the overt manifestations may emerge only after the marriage; and (c) Incurability It must be incurable or, even if it were otherwise, the cure would be beyond the means of the party involved.22 More definitive guidelines in the interpretation and application of Article 36 of the Family Code of the Philippines were handed down by this Court in Republic v. Court of Appeals and Molina,23 which, although quite lengthy, by its significance, deserves to be reproduced below (1) The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity. This is rooted in the fact that both our Constitution and our laws cherish the validity of marriage and unity of the family. Thus, our Constitution devotes an entire Article on the Family, recognizing it "as the foundation of the nation." It decrees marriage as legally "inviolable," thereby protecting it from dissolution at the whim of the parties. Both the family and marriage are to be "protected" by the state. The Family Code echoes this constitutional edict on marriage and the family and emphasizes their permanence, inviolability and solidarity. (2) The root cause of the psychological incapacity must be (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision. Article 36 of the Family Code requires that the incapacity must be psychological - not physical, although its manifestations and/or symptoms may be physical. The evidence must convince the court that the parties, or one of them, was mentally or psychically ill to such an extent that the person could not have known the obligations he was assuming, or knowing them, could not have given valid assumption thereof. Although no example of such incapacity need be given here so as not to limit the application of the provision under the principle of ejusdem generis, nevertheless such root cause must be identified as a psychological illness and its incapacitating nature fully explained. Expert evidence may be given by qualified psychiatrists and clinical psychologists. (3) The incapacity must be proven to be existing at "the time of the celebration" of the marriage. The evidence must show that the illness was existing when the parties exchanged their "I do's." The manifestation of the illness need not be perceivable at such time, but the illness itself must have attached at such moment, or prior thereto. (4) Such incapacity must also be shown to be medically or clinically permanent or incurable. Such incurability may be absolute or even relative only in regard to the other spouse, not necessarily absolutely against everyone of the same sex. Furthermore, such incapacity must be relevant to the assumption of marriage obligations, not necessarily to those not related to marriage, like the exercise of a profession or employment in a job (5) Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage. Thus, "mild characteriological peculiarities, mood changes, occasional emotional outbursts" cannot be accepted as root causes. The illness must be shown as downright incapacity or inability, not a refusal, neglect or difficulty, much less ill will. In other words, there is a natal or supervening disabling factor in the person, an adverse integral element in the personality structure that effectively incapacitates the person from really accepting and thereby complying with the obligations essential to marriage. (6) The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as regards the husband

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and wife as well as Articles 220, 221 and 225 of the same Code in regard to parents and their children. Such non-complied marital obligation(s) must also be stated in the petition, proven by evidence and included in the text of the decision. (7) Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts (8) The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state. No decision shall be handed down unless the Solicitor General issues a certification, which will be quoted in the decision, briefly stating therein his reasons for his agreement or opposition, as the case may be, to the petition. The Solicitor General, along with the prosecuting attorney, shall submit to the court such certification within fifteen (15) days from the date the case is deemed submitted for resolution of the court. The Solicitor General shall discharge the equivalent function of the defensor vinculi contemplated under Canon 1095.24 A later case, Marcos v. Marcos,25 further clarified that there is no requirement that the defendant/respondent spouse should be personally examined by a physician or psychologist as a condition sine qua non for the declaration of nullity of marriage based on psychological incapacity. Such psychological incapacity, however, must be established by the totality of the evidence presented during the trial. Using the guidelines established by the afore-mentioned jurisprudence, this Court finds that the totality of evidence presented by respondent Crasus failed miserably to establish the alleged psychological incapacity of his wife Fely; therefore, there is no basis for declaring their marriage null and void under Article 36 of the Family Code of the Philippines. The only substantial evidence presented by respondent Crasus before the RTC was his testimony, which can be easily put into question for being self-serving, in the absence of any other corroborating evidence. He submitted only two other pieces of evidence: (1) the Certification on the recording with the Register of Deeds of the Marriage Contract between respondent Crasus and Fely, such marriage being celebrated on 16 December 1961; and (2) the invitation to the wedding of Crasus, Jr., their eldest son, in which Fely used her American husbands surname. Even considering the admissions made by Fely herself in her Answer to respondent Crasuss Complaint filed with the RTC, the evidence is not enough to convince this Court that Fely had such a grave mental illness that prevented her from assuming the essential obligations of marriage. It is worthy to emphasize that Article 36 of the Family Code of the Philippines contemplates downright incapacity or inability to take cognizance of and to assume the basic marital obligations; not a mere refusal, neglect or difficulty, much less, ill will, on the part of the errant spouse.26 Irreconcilable differences, conflicting personalities, emotional immaturity and irresponsibility, physical abuse, habitual alcoholism, sexual infidelity or perversion, and abandonment, by themselves, also do not warrant a finding of psychological incapacity under the said Article.27 As has already been stressed by this Court in previous cases, Article 36 "is not to be confused with a divorce law that cuts the marital bond at the time the causes therefore manifest themselves. It refers to a serious psychological illness afflicting a party even before the celebration of marriage. It is a malady so grave and so permanent as to deprive one of awareness of the duties and responsibilities of the matrimonial bond one is about to assume."28 The evidence may have proven that Fely committed acts that hurt and embarrassed respondent Crasus and the rest of the family. Her hot-temper, nagging, and extravagance; her abandonment of respondent Crasus; her marriage to an American; and even her flaunting of her American family and her American surname, may

indeed be manifestations of her alleged incapacity to comply with her marital obligations; nonetheless, the root cause for such was not identified. If the root cause of the incapacity was not identified, then it cannot be satisfactorily established as a psychological or mental defect that is serious or grave; neither could it be proven to be in existence at the time of celebration of the marriage; nor that it is incurable. While the personal examination of Fely by a psychiatrist or psychologist is no longer mandatory for the declaration of nullity of their marriage under Article 36 of the Family Code of the Philippines, by virtue of this Courts ruling in Marcos v. Marcos,29 respondent Crasus must still have complied with the requirement laid down in Republic v. Court of Appeals and Molina30 that the root cause of the incapacity be identified as a psychological illness and that its incapacitating nature be fully explained. In any case, any doubt shall be resolved in favor of the validity of the marriage.31 No less than the Constitution of 1987 sets the policy to protect and strengthen the family as the basic social institution and marriage as the foundation of the family.32 II Article 26, paragraph 2 of the Family Code of the Philippines is not applicable to the case at bar. According to Article 26, paragraph 2 of the Family Code of the Philippines Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law. As it is worded, Article 26, paragraph 2, refers to a special situation wherein one of the couple getting married is a Filipino citizen and the other a foreigner at the time the marriage was celebrated. By its plain and literal interpretation, the said provision cannot be applied to the case of respondent Crasus and his wife Fely because at the time Fely obtained her divorce, she was still a Filipino citizen. Although the exact date was not established, Fely herself admitted in her Answer filed before the RTC that she obtained a divorce from respondent Crasus sometime after she left for the United States in 1984, after which she married her American husband in 1985. In the same Answer, she alleged that she had been an American citizen since 1988. At the time she filed for divorce, Fely was still a Filipino citizen, and pursuant to the nationality principle embodied in Article 15 of the Civil Code of the Philippines, she was still bound by Philippine laws on family rights and duties, status, condition, and legal capacity, even when she was already living abroad. Philippine laws, then and even until now, do not allow and recognize divorce between Filipino spouses. Thus, Fely could not have validly obtained a divorce from respondent Crasus. III The Solicitor General is authorized to intervene, on behalf of the Republic, in proceedings for annulment and declaration of nullity of marriages. Invoking Article 48 of the Family Code of the Philippines, respondent Crasus argued that only the prosecuting attorney or fiscal assigned to the RTC may intervene on behalf of the State in proceedings for annulment or declaration of nullity of marriages; hence, the Office of the Solicitor General had no personality to file the instant Petition on behalf of the State. Article 48 provides ART. 48. In all cases of annulment or declaration of absolute nullity of marriage, the Court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion between the parties and to take care that the evidence is not fabricated or suppressed.

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That Article 48 does not expressly mention the Solicitor General does not bar him or his Office from intervening in proceedings for annulment or declaration of nullity of marriages. Executive Order No. 292, otherwise known as the Administrative Code of 1987, appoints the Solicitor General as the principal law officer and legal defender of the Government.33 His Office is tasked to represent the Government of the Philippines, its agencies and instrumentalities and its officials and agents in any litigation, proceeding, investigation or matter requiring the services of lawyers. The Office of the Solicitor General shall constitute the law office of the Government and, as such, shall discharge duties requiring the services of lawyers.34 The intent of Article 48 of the Family Code of the Philippines is to ensure that the interest of the State is represented and protected in proceedings for annulment and declaration of nullity of marriages by preventing collusion between the parties, or the fabrication or suppression of evidence; and, bearing in mind that the Solicitor General is the principal law officer and legal defender of the land, then his intervention in such proceedings could only serve and contribute to the realization of such intent, rather than thwart it. Furthermore, the general rule is that only the Solicitor General is authorized to bring or defend actions on behalf of the People or the Republic of the Philippines once the case is brought before this Court or the Court of Appeals.35 While it is the prosecuting attorney or fiscal who actively participates, on behalf of the State, in a proceeding for annulment or declaration of nullity of marriage before the RTC, the Office of the Solicitor General takes over when the case is elevated to the Court of Appeals or this Court. Since it shall be eventually responsible for taking the case to the appellate courts when circumstances demand, then it is only reasonable and practical that even while the proceeding is still being held before the RTC, the Office of the Solicitor General can already exercise supervision and control over the conduct of the prosecuting attorney or fiscal therein to better guarantee the protection of the interests of the State. In fact, this Court had already recognized and affirmed the role of the Solicitor General in several cases for annulment and declaration of nullity of marriages that were appealed before it, summarized as follows in the case of Ancheta v. Ancheta36 In the case of Republic v. Court of Appeals [268 SCRA 198 (1997)], this Court laid down the guidelines in the interpretation and application of Art. 48 of the Family Code, one of which concerns the role of the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the State: (8) The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state. No decision shall be handed down unless the Solicitor General issues a certification, which will be quoted in the decision, briefly stating therein his reasons for his agreement or opposition, as the case may be, to the petition. The Solicitor General, along with the prosecuting attorney, shall submit to the court such certification within fifteen (15) days from the date the case is deemed submitted for resolution of the court. The Solicitor General shall discharge the equivalent function of the defensor vinculi contemplated under Canon 1095. [Id., at 213] This Court in the case of Malcampo-Sin v. Sin [355 SCRA 285 (2001)] reiterated its pronouncement in Republic v. Court of Appeals [Supra.] regarding the role of the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the State37 Finally, the issuance of this Court of the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages,38 which became effective on 15 March 2003, should dispel any other doubts of respondent Crasus as to the authority of the Solicitor General to file the instant Petition on behalf of the State. The Rule recognizes the authority of the Solicitor General to intervene and take part in the proceedings for annulment and declaration of nullity of marriages before the RTC and on appeal

to higher courts. The pertinent provisions of the said Rule are reproduced below Sec. 5. Contents and form of petition. (4) It shall be filed in six copies. The petitioner shall serve a copy of the petition on the Office of the Solicitor General and the Office of the City or Provincial Prosecutor, within five days from the date of its filing and submit to the court proof of such service within the same period. Sec. 18. Memoranda. The court may require the parties and the public prosecutor, in consultation with the Office of the Solicitor General, to file their respective memoranda in support of their claims within fifteen days from the date the trial is terminated. It may require the Office of the Solicitor General to file its own memorandum if the case is of significant interest to the State. No other pleadings or papers may be submitted without leave of court. After the lapse of the period herein provided, the case will be considered submitted for decision, with or without the memoranda. Sec. 19. Decision. (2) The parties, including the Solicitor General and the public prosecutor, shall be served with copies of the decision personally or by registered mail. If the respondent summoned by publication failed to appear in the action, the dispositive part of the decision shall be published once in a newspaper of general circulation. (3) The decision becomes final upon the expiration of fifteen days from notice to the parties. Entry of judgment shall be made if no motion for reconsideration or new trial, or appeal is filed by any of the parties, the public prosecutor, or the Solicitor General. Sec. 20. Appeal. (2) Notice of Appeal. An aggrieved party or the Solicitor General may appeal from the decision by filing a Notice of Appeal within fifteen days from notice of denial of the motion for reconsideration or new trial. The appellant shall serve a copy of the notice of appeal on the adverse parties. Given the foregoing, this Court arrives at a conclusion contrary to those of the RTC and the Court of Appeals, and sustains the validity and existence of the marriage between respondent Crasus and Fely. At most, Felys abandonment, sexual infidelity, and bigamy, give respondent Crasus grounds to file for legal separation under Article 55 of the Family Code of the Philippines, but not for declaration of nullity of marriage under Article 36 of the same Code. While this Court commiserates with respondent Crasus for being continuously shackled to what is now a hopeless and loveless marriage, this is one of those situations where neither law nor society can provide the specific answer to every individual problem.39 WHEREFORE, the Petition is GRANTED and the assailed Decision of the Court of Appeals in CA-G.R. CV No. 62539, dated 30 July 2001, affirming the Judgment of the RTC of Cebu City, Branch 22, in Civil Case No. CEB-20077, dated 30 October 1998, is REVERSED and SET ASIDE. The marriage of respondent Crasus L. Iyoy and Fely Ada RosalIyoy remains valid and subsisting. SO ORDERED.

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G.R. No. 154380 October 5, 2005 REPUBLIC OF THE PHILIPPINES, Petitioner, vs. CIPRIANO ORBECIDO III, Respondent. QUISUMBING, J.: Given a valid marriage between two Filipino citizens, where one party is later naturalized as a foreign citizen and obtains a valid divorce decree capacitating him or her to remarry, can the Filipino spouse likewise remarry under Philippine law? Before us is a case of first impression that behooves the Court to make a definite ruling on this apparently novel question, presented as a pure question of law. In this petition for review, the Solicitor General assails the Decision1 dated May 15, 2002, of the Regional Trial Court of Molave, Zamboanga del Sur, Branch 23 and its Resolution2 dated July 4, 2002 denying the motion for reconsideration. The court a quo had declared that herein respondent Cipriano Orbecido III is capacitated to remarry. The fallo of the impugned Decision reads: WHEREFORE, by virtue of the provision of the second paragraph of Art. 26 of the Family Code and by reason of the divorce decree obtained against him by his American wife, the petitioner is given the capacity to remarry under the Philippine Law. IT IS SO ORDERED.3 The factual antecedents, as narrated by the trial court, are as follows. On May 24, 1981, Cipriano Orbecido III married Lady Myros M. Villanueva at the United Church of Christ in the Philippines in Lam-an, Ozamis City. Their marriage was blessed with a son and a daughter, Kristoffer Simbortriz V. Orbecido and Lady Kimberly V. Orbecido. In 1986, Ciprianos wife left for the United States bringing along their son Kristoffer. A few years later, Cipriano discovered that his wife had been naturalized as an American citizen. Sometime in 2000, Cipriano learned from his son that his wife had obtained a divorce decree and then married a certain Innocent Stanley. She, Stanley and her child by him currently live at 5566 A. Walnut Grove Avenue, San Gabriel, California. Cipriano thereafter filed with the trial court a petition for authority to remarry invoking Paragraph 2 of Article 26 of the Family Code. No opposition was filed. Finding merit in the petition, the court granted the same. The Republic, herein petitioner, through the Office of the Solicitor General (OSG), sought reconsideration but it was denied. In this petition, the OSG raises a pure question of law: WHETHER OR NOT RESPONDENT CAN REMARRY UNDER ARTICLE 26 OF THE FAMILY CODE4 The OSG contends that Paragraph 2 of Article 26 of the Family Code is not applicable to the instant case because it only applies to a valid mixed marriage; that is, a marriage celebrated between a Filipino citizen and an alien. The proper remedy, according to the OSG, is to file a petition for annulment or for legal separation.5 Furthermore, the OSG argues there is no law that governs respondents situation. The OSG posits that this is a matter of legislation and not of judicial determination.6 For his part, respondent admits that Article 26 is not directly applicable to his case but insists that when his naturalized alien wife obtained a divorce decree which capacitated her to remarry,

he is likewise capacitated by operation of law pursuant to Section 12, Article II of the Constitution.7 At the outset, we note that the petition for authority to remarry filed before the trial court actually constituted a petition for declaratory relief. In this connection, Section 1, Rule 63 of the Rules of Court provides: RULE 63 DECLARATORY RELIEF AND SIMILAR REMEDIES Section 1. Who may file petitionAny person interested under a deed, will, contract or other written instrument, or whose rights are affected by a statute, executive order or regulation, ordinance, or other governmental regulation may, before breach or violation thereof, bring an action in the appropriate Regional Trial Court to determine any question of construction or validity arising, and for a declaration of his rights or duties, thereunder. ... The requisites of a petition for declaratory relief are: (1) there must be a justiciable controversy; (2) the controversy must be between persons whose interests are adverse; (3) that the party seeking the relief has a legal interest in the controversy; and (4) that the issue is ripe for judicial determination.8 This case concerns the applicability of Paragraph 2 of Article 26 to a marriage between two Filipino citizens where one later acquired alien citizenship, obtained a divorce decree, and remarried while in the U.S.A. The interests of the parties are also adverse, as petitioner representing the State asserts its duty to protect the institution of marriage while respondent, a private citizen, insists on a declaration of his capacity to remarry. Respondent, praying for relief, has legal interest in the controversy. The issue raised is also ripe for judicial determination inasmuch as when respondent remarries, litigation ensues and puts into question the validity of his second marriage. Coming now to the substantive issue, does Paragraph 2 of Article 26 of the Family Code apply to the case of respondent? Necessarily, we must dwell on how this provision had come about in the first place, and what was the intent of the legislators in its enactment? Brief Historical Background On July 6, 1987, then President Corazon Aquino signed into law Executive Order No. 209, otherwise known as the "Family Code," which took effect on August 3, 1988. Article 26 thereof states: All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35, 37, and 38. On July 17, 1987, shortly after the signing of the original Family Code, Executive Order No. 227 was likewise signed into law, amending Articles 26, 36, and 39 of the Family Code. A second paragraph was added to Article 26. As so amended, it now provides: ART. 26. All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38. Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the

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Filipino spouse shall have capacity to remarry under Philippine law. (Emphasis supplied) On its face, the foregoing provision does not appear to govern the situation presented by the case at hand. It seems to apply only to cases where at the time of the celebration of the marriage, the parties are a Filipino citizen and a foreigner. The instant case is one where at the time the marriage was solemnized, the parties were two Filipino citizens, but later on, the wife was naturalized as an American citizen and subsequently obtained a divorce granting her capacity to remarry, and indeed she remarried an American citizen while residing in the U.S.A. Noteworthy, in the Report of the Public Hearings9 on the Family Code, the Catholic Bishops Conference of the Philippines (CBCP) registered the following objections to Paragraph 2 of Article 26: 1. The rule is discriminatory. It discriminates against those whose spouses are Filipinos who divorce them abroad. These spouses who are divorced will not be able to re-marry, while the spouses of foreigners who validly divorce them abroad can. 2. This is the beginning of the recognition of the validity of divorce even for Filipino citizens. For those whose foreign spouses validly divorce them abroad will also be considered to be validly divorced here and can re-marry. We propose that this be deleted and made into law only after more widespread consultation. (Emphasis supplied.) Legislative Intent Records of the proceedings of the Family Code deliberations showed that the intent of Paragraph 2 of Article 26, according to Judge Alicia Sempio-Diy, a member of the Civil Code Revision Committee, is to avoid the absurd situation where the Filipino spouse remains married to the alien spouse who, after obtaining a divorce, is no longer married to the Filipino spouse. Interestingly, Paragraph 2 of Article 26 traces its origin to the 1985 case of Van Dorn v. Romillo, Jr.10 The Van Dorn case involved a marriage between a Filipino citizen and a foreigner. The Court held therein that a divorce decree validly obtained by the alien spouse is valid in the Philippines, and consequently, the Filipino spouse is capacitated to remarry under Philippine law. Does the same principle apply to a case where at the time of the celebration of the marriage, the parties were Filipino citizens, but later on, one of them obtains a foreign citizenship by naturalization? The jurisprudential answer lies latent in the 1998 case of Quita v. Court of Appeals.11 In Quita, the parties were, as in this case, Filipino citizens when they got married. The wife became a naturalized American citizen in 1954 and obtained a divorce in the same year. The Court therein hinted, by way of obiter dictum, that a Filipino divorced by his naturalized foreign spouse is no longer married under Philippine law and can thus remarry. Thus, taking into consideration the legislative intent and applying the rule of reason, we hold that Paragraph 2 of Article 26 should be interpreted to include cases involving parties who, at the time of the celebration of the marriage were Filipino citizens, but later on, one of them becomes naturalized as a foreign citizen and obtains a divorce decree. The Filipino spouse should likewise be allowed to remarry as if the other party were a foreigner at the time of the solemnization of the marriage. To rule otherwise would be to sanction absurdity and injustice. Where the interpretation of a statute according to its exact and literal import would lead to mischievous results or contravene the clear purpose of the legislature, it should be construed according to its spirit and reason, disregarding as far as necessary the letter of the law. A statute may therefore be extended to cases not within the literal meaning of its terms, so long as they come within its spirit or intent.12

If we are to give meaning to the legislative intent to avoid the absurd situation where the Filipino spouse remains married to the alien spouse who, after obtaining a divorce is no longer married to the Filipino spouse, then the instant case must be deemed as coming within the contemplation of Paragraph 2 of Article 26. In view of the foregoing, we state the twin elements for the application of Paragraph 2 of Article 26 as follows: 1. There is a valid marriage that has been celebrated between a Filipino citizen and a foreigner; and 2. A valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry. The reckoning point is not the citizenship of the parties at the time of the celebration of the marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry. In this case, when Ciprianos wife was naturalized as an American citizen, there was still a valid marriage that has been celebrated between her and Cipriano. As fate would have it, the naturalized alien wife subsequently obtained a valid divorce capacitating her to remarry. Clearly, the twin requisites for the application of Paragraph 2 of Article 26 are both present in this case. Thus Cipriano, the "divorced" Filipino spouse, should be allowed to remarry. We are also unable to sustain the OSGs theory that the proper remedy of the Filipino spouse is to file either a petition for annulment or a petition for legal separation. Annulment would be a long and tedious process, and in this particular case, not even feasible, considering that the marriage of the parties appears to have all the badges of validity. On the other hand, legal separation would not be a sufficient remedy for it would not sever the marriage tie; hence, the legally separated Filipino spouse would still remain married to the naturalized alien spouse. However, we note that the records are bereft of competent evidence duly submitted by respondent concerning the divorce decree and the naturalization of respondents wife. It is settled rule that one who alleges a fact has the burden of proving it and mere allegation is not evidence.13 Accordingly, for his plea to prosper, respondent herein must prove his allegation that his wife was naturalized as an American citizen. Likewise, before a foreign divorce decree can be recognized by our own courts, the party pleading it must prove the divorce as a fact and demonstrate its conformity to the foreign law allowing it.14 Such foreign law must also be proved as our courts cannot take judicial notice of foreign laws. Like any other fact, such laws must be alleged and proved.15 Furthermore, respondent must also show that the divorce decree allows his former wife to remarry as specifically required in Article 26. Otherwise, there would be no evidence sufficient to declare that he is capacitated to enter into another marriage. Nevertheless, we are unanimous in our holding that Paragraph 2 of Article 26 of the Family Code (E.O. No. 209, as amended by E.O. No. 227), should be interpreted to allow a Filipino citizen, who has been divorced by a spouse who had acquired foreign citizenship and remarried, also to remarry. However, considering that in the present petition there is no sufficient evidence submitted and on record, we are unable to declare, based on respondents bare allegations that his wife, who was naturalized as an American citizen, had obtained a divorce decree and had remarried an American, that respondent is now capacitated to remarry. Such declaration could only be made properly upon respondents submission of the aforecited evidence in his favor. ACCORDINGLY, the petition by the Republic of the Philippines is GRANTED. The assailed Decision dated May 15, 2002, and Resolution dated July 4, 2002, of the Regional Trial Court of Molave, Zamboanga del Sur, Branch 23, are hereby SET ASIDE.

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G.R. No. 133778

March 14, 2000

ENGRACE NIAL for Herself and as Guardian ad Litem of the minors BABYLINE, INGRID, ARCHIE & PEPITO JR., petitioners, vs. NORMA BAYADOG, respondent.

YNARES-SANTIAGO, J.: May the heirs of a deceased person file a petition for the declaration of nullity of his marriage after his death? Pepito Nial was married to Teodulfa Bellones on September 26, 1974. Out of their marriage were born herein petitioners. Teodulfa was shot by Pepito resulting in her death on April 24, 1985. One year and 8 months thereafter or on December 11, 1986, Pepito and respondent Norma Badayog got married without any marriage license. In lieu thereof, Pepito and Norma executed an affidavit dated December 11, 1986 stating that they had lived together as husband and wife for at least five years and were thus exempt from securing a marriage license. On February 19, 1997, Pepito died in a car accident. After their father's death, petitioners filed a petition for declaration of nullity of the marriage of Pepito to Norma alleging that the said marriage was void for lack of a marriage license. The case was filed under the assumption that the validity or invalidity of the second marriage would affect petitioner's successional rights. Norma filed a motion to dismiss on the ground that petitioners have no cause of action since they are not among the persons who could file an action for "annulment of marriage" under Article 47 of the Family Code. Judge Ferdinand J. Marcos of the Regional Trial Court of Toledo City, Cebu, Branch 59, dismissed the petition after finding that the Family Code is "rather silent, obscure, insufficient" to resolve the following issues: (1) Whether or not plaintiffs have a cause of action against defendant in asking for the declaration of the nullity of marriage of their deceased father, Pepito G. Nial, with her specially so when at the time of the filing of this instant suit, their father Pepito G. Nial is already dead; (2) Whether or not the second marriage of plaintiffs' deceased father with defendant is null and void ab initio; (3) Whether or not plaintiffs are estopped from assailing the validity of the second marriage after it was dissolved due to their father's death. 1 Thus, the lower court ruled that petitioners should have filed the action to declare null and void their father's marriage to respondent before his death, applying by analogy Article 47 of the Family Code which enumerates the time and the persons who could initiate an action for annulment of marriage. 2 Hence, this petition for review with this Court grounded on a pure question of law. This petition was originally dismissed for non-compliance with Section 11, Rule 13 of the 1997 Rules of Civil Procedure, and because "the verification failed to state the basis of petitioner's averment that the allegations in the petition are "true and correct"." It was thus treated as an unsigned pleading which produces no legal effect under Section 3, Rule 7, of the 1997 Rules. 3 However, upon motion of petitioners, this Court reconsidered the dismissal and reinstated the petition for review. 4 The two marriages involved herein having been solemnized prior to the effectivity of the Family Code (FC), the applicable law to determine their validity is the Civil Code which was the law in effect at the time of their celebration. 5 A valid marriage license is a requisite of marriage under Article 53 of the Civil Code, 6 the absence of which renders the marriage void ab initio pursuant to

Article 80(3) 7 in relation to Article 58. 8 The requirement and issuance of marriage license is the State's demonstration of its involvement and participation in every marriage, in the maintenance of which the general public is interested. 9 This interest proceeds from the constitutional mandate that the State recognizes the sanctity of family life and of affording protection to the family as a basic "autonomous social institution." 10 Specifically, the Constitution considers marriage as an "inviolable social institution," and is the foundation of family life which shall be protected by the State. 11 This is why the Family Code considers marriage as "a special contract of permanent union" 12 and case law considers it "not just an adventure but a lifetime commitment." 13 However, there are several instances recognized by the Civil Code wherein a marriage license is dispensed with, one of which is that provided in Article 76, 14 referring to the marriage of a man and a woman who have lived together and exclusively with each other as husband and wife for a continuous and unbroken period of at least five years before the marriage. The rationale why no license is required in such case is to avoid exposing the parties to humiliation, shame and embarrassment concomitant with the scandalous cohabitation of persons outside a valid marriage due to the publication of every applicant's name for a marriage license. The publicity attending the marriage license may discourage such persons from legitimizing their status. 15 To preserve peace in the family, avoid the peeping and suspicious eye of public exposure and contain the source of gossip arising from the publication of their names, the law deemed it wise to preserve their privacy and exempt them from that requirement. There is no dispute that the marriage of petitioners' father to respondent Norma was celebrated without any marriage license. In lieu thereof, they executed an affidavit stating that "they have attained the age of majority, and, being unmarried, have lived together as husband and wife for at least five years, and that we now desire to marry each other." 16 The only issue that needs to be resolved pertains to what nature of cohabitation is contemplated under Article 76 of the Civil Code to warrant the counting of the five year period in order to exempt the future spouses from securing a marriage license. Should it be a cohabitation wherein both parties are capacitated to marry each other during the entire five-year continuous period or should it be a cohabitation wherein both parties have lived together and exclusively with each other as husband and wife during the entire five-year continuous period regardless of whether there is a legal impediment to their being lawfully married, which impediment may have either disappeared or intervened sometime during the cohabitation period? Working on the assumption that Pepito and Norma have lived together as husband and wife for five years without the benefit of marriage, that five-year period should be computed on the basis of a cohabitation as "husband and wife" where the only missing factor is the special contract of marriage to validate the union. In other words, the five-year common-law cohabitation period, which is counted back from the date of celebration of marriage, should be a period of legal union had it not been for the absence of the marriage. This 5-year period should be the years immediately before the day of the marriage and it should be a period of cohabitation characterized by exclusivity meaning no third party was involved at anytime within the 5 years and continuity that is unbroken. Otherwise, if that continuous 5year cohabitation is computed without any distinction as to whether the parties were capacitated to marry each other during the entire five years, then the law would be sanctioning immorality and encouraging parties to have common law relationships and placing them on the same footing with those who lived faithfully with their spouse. Marriage being a special relationship must be respected as such and its requirements must be strictly observed. The presumption that a man and a woman deporting themselves as husband and wife is based on the approximation of the requirements of the law. The parties should not be afforded any excuse to not comply with every single requirement and later use the same missing element as a pre-conceived escape ground to nullify their marriage. There should be no exemption from securing a marriage license unless the circumstances clearly fall within the ambit of the exception. It should be noted that a license is required in order to notify the

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public that two persons are about to be united in matrimony and that anyone who is aware or has knowledge of any impediment to the union of the two shall make it known to the local civil registrar. 17 The Civil Code provides: Art. 63: . . . This notice shall request all persons having knowledge of any impediment to the marriage to advice the local civil registrar thereof. . . . Art. 64: Upon being advised of any alleged impediment to the marriage, the local civil registrar shall forthwith make an investigation, examining persons under oath. . . . This is reiterated in the Family Code thus: Art. 17 provides in part: . . . This notice shall request all persons having knowledge of any impediment to the marriage to advise the local civil registrar thereof. . . . Art. 18 reads in part: . . . In case of any impediment known to the local civil registrar or brought to his attention, he shall note down the particulars thereof and his findings thereon in the application for a marriage license. . . . This is the same reason why our civil laws, past or present, absolutely prohibited the concurrence of multiple marriages by the same person during the same period. Thus, any marriage subsequently contracted during the lifetime of the first spouse shall be illegal and void, 18 subject only to the exception in cases of absence or where the prior marriage was dissolved or annulled. The Revised Penal Code complements the civil law in that the contracting of two or more marriages and the having of extramarital affairs are considered felonies, i.e., bigamy and concubinage and adultery. 19 The law sanctions monogamy. In this case, at the time of Pepito and respondent's marriage, it cannot be said that they have lived with each other as husband and wife for at least five years prior to their wedding day. From the time Pepito's first marriage was dissolved to the time of his marriage with respondent, only about twenty months had elapsed. Even assuming that Pepito and his first wife had separated in fact, and thereafter both Pepito and respondent had started living with each other that has already lasted for five years, the fact remains that their five-year period cohabitation was not the cohabitation contemplated by law. It should be in the nature of a perfect union that is valid under the law but rendered imperfect only by the absence of the marriage contract. Pepito had a subsisting marriage at the time when he started cohabiting with respondent. It is immaterial that when they lived with each other, Pepito had already been separated in fact from his lawful spouse. The subsistence of the marriage even where there was actual severance of the filial companionship between the spouses cannot make any cohabitation by either spouse with any third party as being one as "husband and wife". Having determined that the second marriage involved in this case is not covered by the exception to the requirement of a marriage license, it is void ab initio because of the absence of such element. The next issue to be resolved is: do petitioners have the personality to file a petition to declare their father's marriage void after his death? Contrary to respondent judge's ruling, Article 47 of the Family Code 20 cannot be applied even by analogy to petitions for declaration of nullity of marriage. The second ground for annulment of marriage relied upon by the trial court, which allows "the sane spouse" to file an annulment suit "at anytime before the death of either party" is inapplicable. Article 47 pertains to the grounds, periods and persons who can file an annulment suit, not a suit for declaration of nullity of marriage. The Code is silent as to who can file a petition to declare the nullity of a marriage. Voidable and void marriages are not identical. A marriage that is annulable is valid until otherwise declared by the court; whereas a marriage that is void ab initio is considered as having never to have taken place 21 and cannot be the source of rights. The first can be generally ratified or confirmed by free cohabitation or prescription while the other can never be ratified. A voidable marriage cannot be assailed

collaterally except in a direct proceeding while a void marriage can be attacked collaterally. Consequently, void marriages can be questioned even after the death of either party but voidable marriages can be assailed only during the lifetime of the parties and not after death of either, in which case the parties and their offspring will be left as if the marriage had been perfectly valid. 22 That is why the action or defense for nullity is imprescriptible, unlike voidable marriages where the action prescribes. Only the parties to a voidable marriage can assail it but any proper interested party may attack a void marriage. Void marriages have no legal effects except those declared by law concerning the properties of the alleged spouses, regarding coownership or ownership through actual joint contribution, 23 and its effect on the children born to such void marriages as provided in Article 50 in relation to Article 43 and 44 as well as Article 51, 53 and 54 of the Family Code. On the contrary, the property regime governing voidable marriages is generally conjugal partnership and the children conceived before its annulment are legitimate. Contrary to the trial court's ruling, the death of petitioner's father extinguished the alleged marital bond between him and respondent. The conclusion is erroneous and proceeds from a wrong premise that there was a marriage bond that was dissolved between the two. It should be noted that their marriage was void hence it is deemed as if it never existed at all and the death of either extinguished nothing. Jurisprudence under the Civil Code states that no judicial decree is necessary in order to establish the nullity of a marriage. 24 "A void marriage does not require a judicial decree to restore the parties to their original rights or to make the marriage void but though no sentence of avoidance be absolutely necessary, yet as well for the sake of good order of society as for the peace of mind of all concerned, it is expedient that the nullity of the marriage should be ascertained and declared by the decree of a court of competent jurisdiction." 25 "Under ordinary circumstances, the effect of a void marriage, so far as concerns the conferring of legal rights upon the parties, is as though no marriage had ever taken place. And therefore, being good for no legal purpose, its invalidity can be maintained in any proceeding in which the fact of marriage may be material, either direct or collateral, in any civil court between any parties at any time, whether before or after the death of either or both the husband and the wife, and upon mere proof of the facts rendering such marriage void, it will be disregarded or treated as non-existent by the courts." It is not like a voidable marriage which cannot be collaterally attacked except in direct proceeding instituted during the lifetime of the parties so that on the death of either, the marriage cannot be impeached, and is made good ab initio. 26 But Article 40 of the Family Code expressly provides that there must be a judicial declaration of the nullity of a previous marriage, though void, before a party can enter into a second marriage 27 and such absolute nullity can be based only on a final judgment to that effect. 28 For the same reason, the law makes either the action or defense for the declaration of absolute nullity of marriage imprescriptible. 29 Corollarily, if the death of either party would extinguish the cause of action or the ground for defense, then the same cannot be considered imprescriptible. However, other than for purposes of remarriage, no judicial action is necessary to declare a marriage an absolute nullity.1wphi1 For other purposes, such as but not limited to determination of heirship, legitimacy or illegitimacy of a child, settlement of estate, dissolution of property regime, or a criminal case for that matter, the court may pass upon the validity of marriage even in a suit not directly instituted to question the same so long as it is essential to the determination of the case. This is without prejudice to any issue that may arise in the case. When such need arises, a final judgment of declaration of nullity is necessary even if the purpose is other than to remarry. The clause "on the basis of a final judgment declaring such previous marriage void" in Article 40 of the Family Code connotes that such final judgment need not be obtained only for purpose of remarriage. WHEREFORE, the petition is GRANTED. The assailed Order of the Regional Trial Court, Toledo City, Cebu, Branch 59, dismissing Civil Case No. T-639, is REVERSED and SET ASIDE. The said case is ordered REINSTATED. SO ORDERED.

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A.M. No. MTJ-00-1329 March 8, 2001 (Formerly A.M. No. OCA IPI No. 99-706-MTJ) HERMINIA BORJA-MANZANO, petitioner, vs. JUDGE ROQUE R. SANCHEZ, MTC, Infanta, Pangasinan, respondent. RESOLUTION DAVIDE, JR., C.J.: The solemnization of a marriage between two contracting parties who were both bound by a prior existing marriage is the bone of contention of the instant complaint against respondent Judge Roque R. Sanchez, Municipal Trial Court, Infanta, Pangasinan. For this act, complainant Herminia Borja-Manzano charges respondent Judge with gross ignorance of the law in a sworn Complaint-Affidavit filed with the Office of the Court Administrator on 12 May 1999. Complainant avers that she was the lawful wife of the late David Manzano, having been married to him on 21 May 1966 in San Gabriel Archangel Parish, Araneta Avenue, Caloocan City.1 Four children were born out of that marriage.2 On 22 March 1993, however, her husband contracted another marriage with one Luzviminda Payao before respondent Judge.3 When respondent Judge solemnized said marriage, he knew or ought to know that the same was void and bigamous, as the marriage contract clearly stated that both contracting parties were "separated." Respondent Judge, on the other hand, claims in his Comment that when he officiated the marriage between Manzano and Payao he did not know that Manzano was legally married. What he knew was that the two had been living together as husband and wife for seven years already without the benefit of marriage, as manifested in their joint affidavit.4 According to him, had he known that the late Manzano was married, he would have advised the latter not to marry again; otherwise, he (Manzano) could be charged with bigamy. He then prayed that the complaint be dismissed for lack of merit and for being designed merely to harass him. After an evaluation of the Complaint and the Comment, the Court Administrator recommended that respondent Judge be found guilty of gross ignorance of the law and be ordered to pay a fine of P2,000, with a warning that a repetition of the same or similar act would be dealt with more severely. On 25 October 2000, this Court required the parties to manifest whether they were willing to submit the case for resolution on the basis of the pleadings thus filed. Complainant answered in the affirmative. For his part, respondent Judge filed a Manifestation reiterating his plea for the dismissal of the complaint and setting aside his earlier Comment. He therein invites the attention of the Court to two separate affidavits5 of the late Manzano and of Payao, which were allegedly unearthed by a member of his staff upon his instruction. In those affidavits, both David Manzano and Luzviminda Payao expressly stated that they were married to Herminia Borja and Domingo Relos, respectively; and that since their respective marriages had been marked by constant quarrels, they had both left their families and had never cohabited or communicated with their spouses anymore. Respondent Judge alleges that on the basis of those affidavits, he agreed to solemnize the marriage in question in accordance with Article 34 of the Family Code. We find merit in the complaint. Article 34 of the Family Code provides: No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal

impediment to marry each other. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties and found no legal impediment to the marriage. For this provision on legal ratification of marital cohabitation to apply, the following requisites must concur: 1. The man and woman must have been living together as husband and wife for at least five years before the marriage; 2. The parties must have no legal impediment to marry each other; 3. The fact of absence of legal impediment between the parties must be present at the time of marriage; 4. The parties must execute an affidavit stating that they have lived together for at least five years [and are without legal impediment to marry each other]; and 5. The solemnizing officer must execute a sworn statement that he had ascertained the qualifications of the parties and that he had found no legal impediment to their marriage.6 Not all of these requirements are present in the case at bar. It is significant to note that in their separate affidavits executed on 22 March 1993 and sworn to before respondent Judge himself, David Manzano and Luzviminda Payao expressly stated the fact of their prior existing marriage. Also, in their marriage contract, it was indicated that both were "separated." Respondent Judge knew or ought to know that a subsisting previous marriage is a diriment impediment, which would make the subsequent marriage null and void.7 In fact, in his Comment, he stated that had he known that the late Manzano was married he would have discouraged him from contracting another marriage. And respondent Judge cannot deny knowledge of Manzanos and Payaos subsisting previous marriage, as the same was clearly stated in their separate affidavits which were subscribed and sworn to before him. The fact that Manzano and Payao had been living apart from their respective spouses for a long time already is immaterial. Article 63(1) of the Family Code allows spouses who have obtained a decree of legal separation to live separately from each other, but in such a case the marriage bonds are not severed. Elsewise stated, legal separation does not dissolve the marriage tie, much less authorize the parties to remarry. This holds true all the more when the separation is merely de facto, as in the case at bar. Neither can respondent Judge take refuge on the Joint Affidavit of David Manzano and Luzviminda Payao stating that they had been cohabiting as husband and wife for seven years. Just like separation, free and voluntary cohabitation with another person for at least five years does not severe the tie of a subsisting previous marriage. Marital cohabitation for a long period of time between two individuals who are legally capacitated to marry each other is merely a ground for exemption from marriage license. It could not serve as a justification for respondent Judge to solemnize a subsequent marriage vitiated by the impediment of a prior existing marriage. Clearly, respondent Judge demonstrated gross ignorance of the law when he solemnized a void and bigamous marriage. The maxim "ignorance of the law excuses no one" has special application to judges,8 who, under Rule 1.01 of the Code of Judicial Conduct, should be the embodiment of competence, integrity, and independence. It is highly imperative that judges be conversant with the law and basic legal principles.9 And when the law transgressed is simple and elementary, the failure to know it constitutes gross ignorance of the law.10 ACCORDINGLY, the recommendation of the Court Administrator is hereby ADOPTED, with the MODIFICATION that the amount of fine to be imposed upon respondent Judge Roque Sanchez is increased to P20,000. SO ORDERED.

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G.R. No. 160172

February 13, 2008

REINEL ANTHONY B. DE CASTRO, petitioner, vs. ANNABELLE ASSIDAO-DE CASTRO, respondent. DECISION TINGA, J.: This is a petition for review of the Decision1 of the Court of Appeals in CA-GR CV. No. 69166,2 declaring that (1) Reianna Tricia A. De Castro is the legitimate child of the petitioner; and (2) that the marriage between petitioner and respondent is valid until properly nullified by a competent court in a proceeding instituted for that purpose. The facts of the case, as culled from the records, follow. Petitioner and respondent met and became sweethearts in 1991. They planned to get married, thus they applied for a marriage license with the Office of the Civil Registrar of Pasig City in September 1994. They had their first sexual relation sometime in October 1994, and had regularly engaged in sex thereafter. When the couple went back to the Office of the Civil Registrar, the marriage license had already expired. Thus, in order to push through with the plan, in lieu of a marriage license, they executed an affidavit dated 13 March 1995 stating that they had been living together as husband and wife for at least five years. The couple got married on the same date, with Judge Jose C. Bernabe, presiding judge of the Metropolitan Trial Court of Pasig City, administering the civil rites. Nevertheless, after the ceremony, petitioner and respondent went back to their respective homes and did not live together as husband and wife. On 13 November 1995, respondent gave birth to a child named Reinna Tricia A. De Castro. Since the childs birth, respondent has been the one supporting her out of her income as a government dentist and from her private practice. On 4 June 1998, respondent filed a complaint for support against petitioner before the Regional Trial Court of Pasig City (trial court.3 In her complaint, respondent alleged that she is married to petitioner and that the latter has "reneged on his responsibility/obligation to financially support her "as his wife and Reinna Tricia as his child."4 Petitioner denied that he is married to respondent, claiming that their marriage is void ab initio since the marriage was facilitated by a fake affidavit; and that he was merely prevailed upon by respondent to sign the marriage contract to save her from embarrassment and possible administrative prosecution due to her pregnant state; and that he was not able to get parental advice from his parents before he got married. He also averred that they never lived together as husband and wife and that he has never seen nor acknowledged the child. In its Decision dated 16 October 2000,5 the trial court ruled that the marriage between petitioner and respondent is not valid because it was solemnized without a marriage license. However, it declared petitioner as the natural father of the child, and thus obliged to give her support. Petitioner elevated the case to the Court of Appeals, arguing that the lower court committed grave abuse of discretion when, on the basis of mere belief and conjecture, it ordered him to provide support to the child when the latter is not, and could not have been, his own child. The Court of Appeals denied the appeal. Prompted by the rule that a marriage is presumed to be subsisting until a judicial declaration of nullity has been made, the appellate court declared that the child was born during the subsistence and validity of the parties marriage. In addition, the Court of Appeals frowned upon petitioners refusal to undergo DNA testing to prove the paternity and filiation, as well as his refusal to state with certainty the last time he had carnal knowledge with respondent, saying that

petitioners "forgetfulness should not be used as a vehicle to relieve him of his obligation and reward him of his being irresponsible."6 Moreover, the Court of Appeals noted the affidavit dated 7 April 1998 executed by petitioner, wherein he voluntarily admitted that he is the legitimate father of the child. The appellate court also ruled that since this case is an action for support, it was improper for the trial court to declare the marriage of petitioner and respondent as null and void in the very same case. There was no participation of the State, through the prosecuting attorney or fiscal, to see to it that there is no collusion between the parties, as required by the Family Code in actions for declaration of nullity of a marriage. The burden of proof to show that the marriage is void rests upon petitioner, but it is a matter that can be raised in an action for declaration of nullity, and not in the instant proceedings. The proceedings before the trial court should have been limited to the obligation of petitioner to support the child and his wife on the basis of the marriage apparently and voluntarily entered into by petitioner and respondent.7 The dispositive portion of the decision reads: WHEREFORE, premises considered, the Decision dated 16 October 2000, of the Regional Trial Court of Pasig City, National Capital Judicial Region, Brach 70, in JDRC No. 4626, is AFFIRMED with theMODIFICATIONS (1) declaring Reianna Tricia A. De Castro, as the legitimate child of the appellant and the appellee and (2) declaring the marriage on 13 March 1995 between the appellant and the appellee valid until properly annulled by a competent court in a proceeding instituted for that purpose. Costs against the appellant.8 Petitioner filed a motion for reconsideration, but the motion was denied by the Court of Appeals.9 Hence this petition. Before us, petitioner contends that the trial court properly annulled his marriage with respondent because as shown by the evidence and admissions of the parties, the marriage was celebrated without a marriage license. He stresses that the affidavit they executed, in lieu of a marriage license, contained a false narration of facts, the truth being that he and respondent never lived together as husband and wife. The false affidavit should never be allowed or admitted as a substitute to fill the absence of a marriage license.10 Petitioner additionally argues that there was no need for the appearance of a prosecuting attorney in this case because it is only an ordinary action for support and not an action for annulment or declaration of absolute nullity of marriage. In any case, petitioner argues that the trial court had jurisdiction to determine the invalidity of their marriage since it was validly invoked as an affirmative defense in the instant action for support. Citing several authorities,11 petitioner claims that a void marriage can be the subject of a collateral attack. Thus, there is no necessity to institute another independent proceeding for the declaration of nullity of the marriage between the parties. The refiling of another case for declaration of nullity where the same evidence and parties would be presented would entail enormous expenses and anxieties, would be time-consuming for the parties, and would increase the burden of the courts.12 Finally, petitioner claims that in view of the nullity of his marriage with respondent and his vigorous denial of the childs paternity and filiation, the Court of Appeals gravely erred in declaring the child as his legitimate child. In a resolution dated 16 February 2004, the Court required respondent and the Office of the Solicitor General (OSG) to file their respective comments on the petition.13 In her Comment,14 respondent claims that the instant petition is a mere dilatory tactic to thwart the finality of the decision of the Court of Appeals. Echoing the findings and rulings of the appellate court, she argues that the legitimacy of their marriage cannot be attacked collaterally, but can only be repudiated or contested in a direct suit specifically brought for that purpose. With regard to the filiation of her child, she pointed out that compared to her candid and straightforward testimony, petitioner was uncertain, if not evasive in answering questions

50

about their sexual encounters. Moreover, she adds that despite the challenge from her and from the trial court, petitioner strongly objected to being subjected to DNA testing to prove paternity and filiation.15 For its part, the OSG avers that the Court of Appeals erred in holding that it was improper for the trial court to declare null and void the marriage of petitioner and respondent in the action for support. Citing the case of Nial v. Bayadog,16 it states that courts may pass upon the validity of a marriage in an action for support, since the right to support from petitioner hinges on the existence of a valid marriage. Moreover, the evidence presented during the proceedings in the trial court showed that the marriage between petitioner and respondent was solemnized without a marriage license, and that their affidavit (of a man and woman who have lived together and exclusively with each other as husband and wife for at least five years) was false. Thus, it concludes the trial court correctly held that the marriage between petitioner and respondent is not valid.17 In addition, the OSG agrees with the findings of the trial court that the child is an illegitimate child of petitioner and thus entitled to support.18 Two key issues are presented before us. First, whether the trial court had the jurisdiction to determine the validity of the marriage between petitioner and respondent in an action for support and second, whether the child is the daughter of petitioner. Anent the first issue, the Court holds that the trial court had jurisdiction to determine the validity of the marriage between petitioner and respondent. The validity of a void marriage may be collaterally attacked.19 Thus, in Nial v. Bayadog, we held: However, other than for purposes of remarriage, no judicial action is necessary to declare a marriage an absolute nullity. For other purposes, such as but not limited to determination of heirship, legitimacy or illegitimacy of a child, settlement of estate, dissolution of property regime, or a criminal case for that matter, the court may pass upon the validity of marriage even in a suit not directly instituted to question the same so long as it is essential to the determination of the case. This is without prejudice to any issue that may arise in the case. When such need arises, a final judgment of declaration of nullity is necessary even if the purpose is other than to remarry. The clause "on the basis of a final judgment declaring such previous marriage void" in Article 40 of the Family Code connotes that such final judgment need not be obtained only for purpose of remarriage.20 Likewise, in Nicdao Cario v. Yee Cario,21 the Court ruled that it is clothed with sufficient authority to pass upon the validity of two marriages despite the main case being a claim for death benefits. Reiterating Nial, we held that the Court may pass upon the validity of a marriage even in a suit not directly instituted to question the validity of said marriage, so long as it is essential to the determination of the case. However, evidence must be adduced, testimonial or documentary, to prove the existence of grounds rendering such a marriage an absolute nullity.22 Under the Family Code, the absence of any of the essential or formal requisites shall render the marriage void ab initio, whereas a defect in any of the essential requisites shall render the marriage voidable.23 In the instant case, it is clear from the evidence presented that petitioner and respondent did not have a marriage license when they contracted their marriage. Instead, they presented an affidavit stating that they had been living together for more than five years.24 However, respondent herself in effect admitted the falsity of the affidavit when she was asked during cross-examination, thus ATTY. CARPIO: Q But despite of (sic) the fact that you have not been living together as husband and wife for the last five

years on or before March 13, 1995, you signed the Affidavit, is that correct? A Yes, sir.25

The falsity of the affidavit cannot be considered as a mere irregularity in the formal requisites of marriage. The law dispenses with the marriage license requirement for a man and a woman who have lived together and exclusively with each other as husband and wife for a continuous and unbroken period of at least five years before the marriage. The aim of this provision is to avoid exposing the parties to humiliation, shame and embarrassment concomitant with the scandalous cohabitation of persons outside a valid marriage due to the publication of every applicants name for a marriage license.26 In the instant case, there was no "scandalous cohabitation" to protect; in fact, there was no cohabitation at all. The false affidavit which petitioner and respondent executed so they could push through with the marriage has no value whatsoever; it is a mere scrap of paper. They were not exempt from the marriage license requirement. Their failure to obtain and present a marriage license renders their marriage void ab initio. Anent the second issue, we find that the child is petitioners illegitimate daughter, and therefore entitled to support. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children.27 Thus, one can prove illegitimate filiation through the record of birth appearing in the civil register or a final judgment, an admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned, or the open and continuous possession of the status of a legitimate child, or any other means allowed by the Rules of Court and special laws.28 The Certificate of Live Birth29 of the child lists petitioner as the father. In addition, petitioner, in an affidavit waiving additional tax exemption in favor of respondent, admitted that he is the father of the child, thus stating: 1. I am the legitimate father of REIANNA TRICIA A. DE CASTRO who was born on November 3, 1995 at Better Living, Paraaque, Metro Manila;30 We are likewise inclined to agree with the following findings of the trial court: That Reinna Tricia is the child of the respondent with the petitioner is supported not only by the testimony of the latter, but also by respondents own admission in the course of his testimony wherein he conceded that petitioner was his former girlfriend. While they were sweethearts, he used to visit petitioner at the latters house or clinic. At times, they would go to a motel to have sex. As a result of their sexual dalliances, petitioner became pregnant which ultimately led to their marriage, though invalid, as earlier ruled. While respondent claims that he was merely forced to undergo the marriage ceremony, the pictures taken of the occasion reveal otherwise (Exhs. "B," "B-1," to "B-3," "C," "C-1" and "C-2," "D," "D-1" and "D-2," "E," "E-1" and "E-2," "F," "F-1" and "F-2," "G," "G-1" and "G-2" and "H," "H-1" to "H-3"). In one of the pictures (Exhs. "D," "D-1" and "D-2"), defendant is seen putting the wedding ring on petitioners finger and in another picture (Exhs. "E," "E-1" and "E-2") respondent is seen in the act of kissing the petitioner.31 WHEREFORE, the petition is granted in part. The assailed Decision and Resolution of the Court of Appeals in CA-GR CV No. 69166 are SET ASIDE and the decision of the Regional Trial Court Branch 70 of Pasig City in JDRC No. 4626 dated 16 October 2000 is hereby REINSTATED. SO ORDERED.

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G.R. No. 175581

March 28, 2008

REPUBLIC OF THE PHILIPPINES, Petitioner, vs. JOSE A. DAYOT, Respondent. x - - - - - - - - - - - - - - - - - - - - - - -x G.R. No. 179474 FELISA TECSON-DAYOT, Petitioner, vs. JOSE A. DAYOT, Respondent. DECISION CHICO-NAZARIO, J.: Before us are two consolidated petitions. G.R. No. 175581 and G.R. No. 179474 are Petitions for Review under Rule 45 of the Rules of Court filed by the Republic of the Philippines and Felisa Tecson-Dayot (Felisa), respectively, both challenging the Amended Decision1 of the Court of Appeals, dated 7 November 2006, in CA-G.R. CV No. 68759, which declared the marriage between Jose Dayot (Jose) and Felisa void ab initio. The records disclose that on 24 November 1986, Jose and Felisa were married at the Pasay City Hall. The marriage was solemnized by Rev. Tomas V. Atienza.2 In lieu of a marriage license, Jose and Felisa executed a sworn affidavit,3 also dated 24 November 1986, attesting that both of them had attained the age of maturity, and that being unmarried, they had lived together as husband and wife for at least five years. On 7 July 1993, Jose filed a Complaint4 for Annulment and/or Declaration of Nullity of Marriage with the Regional Trial Court (RTC), Bian, Laguna, Branch 25. He contended that his marriage with Felisa was a sham, as no marriage ceremony was celebrated between the parties; that he did not execute the sworn affidavit stating that he and Felisa had lived as husband and wife for at least five years; and that his consent to the marriage was secured through fraud. In his Complaint, Jose gave his version of the events which led to his filing of the same. According to Jose, he was introduced to Felisa in 1986. Immediately thereafter, he came to live as a boarder in Felisas house, the latter being his landlady. Some three weeks later, Felisa requested him to accompany her to the Pasay City Hall, ostensibly so she could claim a package sent to her by her brother from Saudi Arabia. At the Pasay City Hall, upon a pre-arranged signal from Felisa, a man bearing three folded pieces of paper approached them. They were told that Jose needed to sign the papers so that the package could be released to Felisa. He initially refused to do so. However, Felisa cajoled him, and told him that his refusal could get both of them killed by her brother who had learned about their relationship. Reluctantly, he signed the pieces of paper, and gave them to the man who immediately left. It was in February 1987 when he discovered that he had contracted marriage with Felisa. He alleged that he saw a piece of paper lying on top of the table at the sala of Felisas house. When he perused the same, he discovered that it was a copy of his marriage contract with Felisa. When he confronted Felisa, the latter feigned ignorance. In opposing the Complaint, Felisa denied Joses allegations and defended the validity of their marriage. She declared that they had maintained their relationship as man and wife absent the legality of marriage in the early part of 1980, but that she had deferred contracting marriage with him on account of their age difference.5 In her pre-trial brief, Felisa expounded that while her marriage to Jose was subsisting, the latter contracted marriage with a certain Rufina Pascual (Rufina) on 31 August 1990. On 3 June 1993, Felisa filed an action for bigamy against Jose. Subsequently, she filed an administrative complaint against Jose with the Office of the Ombudsman, since Jose and Rufina were

both employees of the National Statistics and Coordinating Board.6 The Ombudsman found Jose administratively liable for disgraceful and immoral conduct, and meted out to him the penalty of suspension from service for one year without emolument.7 On 26 July 2000, the RTC rendered a Decision8 dismissing the Complaint. It disposed: WHEREFORE, after a careful evaluation and analysis of the evidence presented by both parties, this Court finds and so holds that the [C]omplaint does not deserve a favorable consideration. Accordingly, the above-entitled case is hereby ordered DISMISSED with costs against [Jose].9 The RTC ruled that from the testimonies and evidence presented, the marriage celebrated between Jose and Felisa on 24 November 1986 was valid. It dismissed Joses version of the story as implausible, and rationalized that: Any person in his right frame of mind would easily suspect any attempt to make him or her sign a blank sheet of paper. [Jose] could have already detected that something was amiss, unusual, as they were at Pasay City Hall to get a package for [Felisa] but it [was] he who was made to sign the pieces of paper for the release of the said package. Another indirect suggestion that could have put him on guard was the fact that, by his own admission, [Felisa] told him that her brother would kill them if he will not sign the papers. And yet it took him, more or less, three months to "discover" that the pieces of paper that he signed was [sic] purportedly the marriage contract. [Jose] does not seem to be that ignorant, as perceived by this Court, to be "taken in for a ride" by [Felisa.] [Joses] claim that he did not consent to the marriage was belied by the fact that he acknowledged Felisa Tecson as his wife when he wrote [Felisas] name in the duly notarized statement of assets and liabilities he filled up on May 12, 1988, one year after he discovered the marriage contract he is now claiming to be sham and false. [Jose], again, in his company I.D., wrote the name of [Felisa] as the person to be contacted in case of emergency. This Court does not believe that the only reason why her name was written in his company I.D. was because he was residing there then. This is just but a lame excuse because if he really considers her not his lawfully wedded wife, he would have written instead the name of his sister. When [Joses] sister was put into the witness stand, under oath, she testified that she signed her name voluntarily as a witness to the marriage in the marriage certificate (T.S.N., page 25, November 29, 1996) and she further testified that the signature appearing over the name of Jose Dayot was the signature of his [sic] brother that he voluntarily affixed in the marriage contract (page 26 of T.S.N. taken on November 29, 1996), and when she was asked by the Honorable Court if indeed she believed that Felisa Tecson was really chosen by her brother she answered yes. The testimony of his sister all the more belied his claim that his consent was procured through fraud.10 Moreover, on the matter of fraud, the RTC ruled that Joses action had prescribed. It cited Article 8711 of the New Civil Code which requires that the action for annulment of marriage must be commenced by the injured party within four years after the discovery of the fraud. Thus: That granting even for the sake of argument that his consent was obtained by [Felisa] through fraud, trickery and machinations, he could have filed an annulment or declaration of nullity of marriage at the earliest possible opportunity, the time when he discovered the alleged sham and false marriage contract. [Jose] did not take any action to void the marriage at the earliest instance. x x x.12 Undeterred, Jose filed an appeal from the foregoing RTC Decision to the Court of Appeals. In a Decision dated 11 August 2005, the

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Court of Appeals found the appeal to be without merit. The dispositive portion of the appellate courts Decision reads: WHEREFORE, the Decision appealed from is AFFIRMED.13 The Court of Appeals applied the Civil Code to the marriage between Jose and Felisa as it was solemnized prior to the effectivity of the Family Code. The appellate court observed that the circumstances constituting fraud as a ground for annulment of marriage under Article 8614 of the Civil Code did not exist in the marriage between the parties. Further, it ruled that the action for annulment of marriage on the ground of fraud was filed beyond the prescriptive period provided by law. The Court of Appeals struck down Joses appeal in the following manner: Nonetheless, even if we consider that fraud or intimidation was employed on Jose in giving his consent to the marriage, the action for the annulment thereof had already prescribed. Article 87 (4) and (5) of the Civil Code provides that the action for annulment of marriage on the ground that the consent of a party was obtained by fraud, force or intimidation must be commenced by said party within four (4) years after the discovery of the fraud and within four (4) years from the time the force or intimidation ceased. Inasmuch as the fraud was allegedly discovered by Jose in February, 1987 then he had only until February, 1991 within which to file an action for annulment of marriage. However, it was only on July 7, 1993 that Jose filed the complaint for annulment of his marriage to Felisa.15 Likewise, the Court of Appeals did not accept Joses assertion that his marriage to Felisa was void ab initio for lack of a marriage license. It ruled that the marriage was solemnized under Article 7616 of the Civil Code as one of exceptional character, with the parties executing an affidavit of marriage between man and woman who have lived together as husband and wife for at least five years. The Court of Appeals concluded that the falsity in the affidavit to the effect that Jose and Felisa had lived together as husband and wife for the period required by Article 76 did not affect the validity of the marriage, seeing that the solemnizing officer was misled by the statements contained therein. In this manner, the Court of Appeals gave credence to the good-faith reliance of the solemnizing officer over the falsity of the affidavit. The appellate court further noted that on the dorsal side of said affidavit of marriage, Rev. Tomas V. Atienza, the solemnizing officer, stated that he took steps to ascertain the ages and other qualifications of the contracting parties and found no legal impediment to their marriage. Finally, the Court of Appeals dismissed Joses argument that neither he nor Felisa was a member of the sect to which Rev. Tomas V. Atienza belonged. According to the Court of Appeals, Article 5617 of the Civil Code did not require that either one of the contracting parties to the marriage must belong to the solemnizing officers church or religious sect. The prescription was established only in Article 718 of the Family Code which does not govern the parties marriage. Differing with the ruling of the Court of Appeals, Jose filed a Motion for Reconsideration thereof.1avvphi1 His central opposition was that the requisites for the proper application of the exemption from a marriage license under Article 76 of the Civil Code were not fully attendant in the case at bar. In particular, Jose cited the legal condition that the man and the woman must have been living together as husband and wife for at least five years before the marriage. Essentially, he maintained that the affidavit of marital cohabitation executed by him and Felisa was false. The Court of Appeals granted Joses Motion for Reconsideration and reversed itself. Accordingly, it rendered an Amended Decision, dated 7 November 2006, the fallo of which reads: WHEREFORE, the Decision dated August 11, 2005 is RECALLED and SET ASIDE and another one entered declaring the marriage between Jose A. Dayot and Felisa C. Tecson void ab initio.

Furnish a copy of this Amended Decision to the Local Civil Registrar of Pasay City.19 In its Amended Decision, the Court of Appeals relied on the ruling of this Court in Nial v. Bayadog,20 and reasoned that: In Nial v. Bayadog, where the contracting parties to a marriage solemnized without a marriage license on the basis of their affidavit that they had attained the age of majority, that being unmarried, they had lived together for at least five (5) years and that they desired to marry each other, the Supreme Court ruled as follows: "x x x In other words, the five-year common-law cohabitation period, which is counted back from the date of celebration of marriage, should be a period of legal union had it not been for the absence of the marriage. This 5-year period should be the years immediately before the day of the marriage and it should be a period of cohabitation characterized by exclusivity meaning no third party was involved at any time within the 5 years and continuity that is unbroken. Otherwise, if that continuous 5year cohabitation is computed without any distinction as to whether the parties were capacitated to marry each other during the entire five years, then the law would be sanctioning immorality and encouraging parties to have common law relationships and placing them on the same footing with those who lived faithfully with their spouse. Marriage being a special relationship must be respected as such and its requirements must be strictly observed. The presumption that a man and a woman deporting themselves as husband and wife is based on the approximation of the requirements of the law. The parties should not be afforded any excuse to not comply with every single requirement and later use the same missing element as a pre-conceived escape ground to nullify their marriage. There should be no exemption from securing a marriage license unless the circumstances clearly fall within the ambit of the exception. It should be noted that a license is required in order to notify the public that two persons are about to be united in matrimony and that anyone who is aware or has knowledge of any impediment to the union of the two shall make it known to the local civil registrar. Article 80(3) of the Civil Code provides that a marriage solemnized without a marriage license, save marriages of exceptional character, shall be void from the beginning. Inasmuch as the marriage between Jose and Felisa is not covered by the exception to the requirement of a marriage license, it is, therefore, void ab initio because of the absence of a marriage license.21 Felisa sought reconsideration of the Amended Decision, but to no avail. The appellate court rendered a Resolution22 dated 10 May 2007, denying Felisas motion. Meanwhile, the Republic of the Philippines, through the Office of the Solicitor General (OSG), filed a Petition for Review before this Court in G.R. No. 175581, praying that the Court of Appeals Amended Decision dated 7 November 2006 be reversed and set aside for lack of merit, and that the marriage between Jose and Felisa be declared valid and subsisting. Felisa filed a separate Petition for Review, docketed as G.R. No. 179474, similarly assailing the appellate courts Amended Decision. On 1 August 2007, this Court resolved to consolidate the two Petitions in the interest of uniformity of the Court rulings in similar cases brought before it for resolution.23 The Republic of the Philippines propounds the following arguments for the allowance of its Petition, to wit: I RESPONDENT FAILED TO OVERTHROW THE PRESUMPTION OF THE VALIDITY OF HIS MARRIAGE TO FELISA.

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II RESPONDENT DID NOT COME TO THE COURT WITH CLEAN HANDS AND SHOULD NOT BE ALLOWED TO PROFIT FROM HIS OWN FRAUDULENT CONDUCT. III RESPONDENT IS ESTOPPED FROM ASSAILING THE LEGALITY OF HIS MARRIAGE FOR LACK OF MARRIAGE LICEN[S]E.24 Correlative to the above, Felisa submits that the Court of Appeals misapplied Nial.25 She differentiates the case at bar from Nial by reasoning that one of the parties therein had an existing prior marriage, a circumstance which does not obtain in her cohabitation with Jose. Finally, Felisa adduces that Jose only sought the annulment of their marriage after a criminal case for bigamy and an administrative case had been filed against him in order to avoid liability. Felisa surmises that the declaration of nullity of their marriage would exonerate Jose from any liability. For our resolution is the validity of the marriage between Jose and Felisa. To reach a considered ruling on the issue, we shall jointly tackle the related arguments vented by petitioners Republic of the Philippines and Felisa. The Republic of the Philippines asserts that several circumstances give rise to the presumption that a valid marriage exists between Jose and Felisa. For her part, Felisa echoes the claim that any doubt should be resolved in favor of the validity of the marriage by citing this Courts ruling in Hernandez v. Court of Appeals.26 To buttress its assertion, the Republic points to the affidavit executed by Jose and Felisa, dated 24 November 1986, attesting that they have lived together as husband and wife for at least five years, which they used in lieu of a marriage license. It is the Republics position that the falsity of the statements in the affidavit does not affect the validity of the marriage, as the essential and formal requisites were complied with; and the solemnizing officer was not required to investigate as to whether the said affidavit was legally obtained. The Republic opines that as a marriage under a license is not invalidated by the fact that the license was wrongfully obtained, so must a marriage not be invalidated by the fact that the parties incorporated a fabricated statement in their affidavit that they cohabited as husband and wife for at least five years. In addition, the Republic posits that the parties marriage contract states that their marriage was solemnized under Article 76 of the Civil Code. It also bears the signature of the parties and their witnesses, and must be considered a primary evidence of marriage. To further fortify its Petition, the Republic adduces the following documents: (1) Joses notarized Statement of Assets and Liabilities, dated 12 May 1988 wherein he wrote Felisas name as his wife; (2) Certification dated 25 July 1993 issued by the Barangay Chairman 192, Zone ZZ, District 24 of Pasay City, attesting that Jose and Felisa had lived together as husband and wife in said barangay; and (3) Joses company ID card, dated 2 May 1988, indicating Felisas name as his wife. The first assignment of error compels this Court to rule on the issue of the effect of a false affidavit under Article 76 of the Civil Code. A survey of the prevailing rules is in order. It is beyond dispute that the marriage of Jose and Felisa was celebrated on 24 November 1986, prior to the effectivity of the Family Code. Accordingly, the Civil Code governs their union. Article 53 of the Civil Code spells out the essential requisites of marriage as a contract: ART. 53. No marriage shall be solemnized unless all these requisites are complied with: (1) Legal capacity of the contracting parties; (2) Their consent, freely given; (3) Authority of the person performing the marriage; and

(4) A marriage license, except in a marriage of exceptional character. (Emphasis ours.) Article 5827 makes explicit that no marriage shall be solemnized without a license first being issued by the local civil registrar of the municipality where either contracting party habitually resides, save marriages of an exceptional character authorized by the Civil Code, but not those under Article 75.28 Article 80(3)29 of the Civil Code makes it clear that a marriage performed without the corresponding marriage license is void, this being nothing more than the legitimate consequence flowing from the fact that the license is the essence of the marriage contract.30 This is in stark contrast to the old Marriage Law,31 whereby the absence of a marriage license did not make the marriage void. The rationale for the compulsory character of a marriage license under the Civil Code is that it is the authority granted by the State to the contracting parties, after the proper government official has inquired into their capacity to contract marriage.32 Under the Civil Code, marriages of exceptional character are covered by Chapter 2, Title III, comprising Articles 72 to 79. To wit, these marriages are: (1) marriages in articulo mortis or at the point of death during peace or war, (2) marriages in remote places, (2) consular marriages,33 (3) ratification of marital cohabitation, (4) religious ratification of a civil marriage, (5) Mohammedan or pagan marriages, and (6) mixed marriages.34 The instant case pertains to a ratification of marital cohabitation under Article 76 of the Civil Code, which provides: ART. 76. No marriage license shall be necessary when a man and a woman who have attained the age of majority and who, being unmarried, have lived together as husband and wife for at least five years, desire to marry each other. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. The official, priest or minister who solemnized the marriage shall also state in an affidavit that he took steps to ascertain the ages and other qualifications of the contracting parties and that he found no legal impediment to the marriage. The reason for the law,35 as espoused by the Code Commission, is that the publicity attending a marriage license may discourage such persons who have lived in a state of cohabitation from legalizing their status.36 It is not contested herein that the marriage of Jose and Felisa was performed without a marriage license. In lieu thereof, they executed an affidavit declaring that "they have attained the age of maturity; that being unmarried, they have lived together as husband and wife for at least five years; and that because of this union, they desire to marry each other."37 One of the central issues in the Petition at bar is thus: whether the falsity of an affidavit of marital cohabitation, where the parties have in truth fallen short of the minimum five-year requirement, effectively renders the marriage void ab initio for lack of a marriage license. We answer in the affirmative. Marriages of exceptional character are, doubtless, the exceptions to the rule on the indispensability of the formal requisite of a marriage license. Under the rules of statutory construction, exceptions, as a general rule, should be strictly38 but reasonably construed.39 They extend only so far as their language fairly warrants, and all doubts should be resolved in favor of the general provisions rather than the exception.40 Where a general rule is established by statute with exceptions, the court will not curtail the former or add to the latter by implication.41 For the exception in Article 76 to apply, it is a sine qua non thereto that the man and the woman must have attained the age of majority, and that, being unmarried, they have lived together as husband and wife for at least five years. A strict but reasonable construction of Article 76 leaves us with no other expediency but to read the law as it is plainly written. The exception of a marriage license under Article 76 applies only

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to those who have lived together as husband and wife for at least five years and desire to marry each other. The Civil Code, in no ambiguous terms, places a minimum period requirement of five years of cohabitation. No other reading of the law can be had, since the language of Article 76 is precise. The minimum requisite of five years of cohabitation is an indispensability carved in the language of the law. For a marriage celebrated under Article 76 to be valid, this material fact cannot be dispensed with. It is embodied in the law not as a directory requirement, but as one that partakes of a mandatory character. It is worthy to mention that Article 76 also prescribes that the contracting parties shall state the requisite facts42 in an affidavit before any person authorized by law to administer oaths; and that the official, priest or minister who solemnized the marriage shall also state in an affidavit that he took steps to ascertain the ages and other qualifications of the contracting parties and that he found no legal impediment to the marriage. It is indubitably established that Jose and Felisa have not lived together for five years at the time they executed their sworn affidavit and contracted marriage. The Republic admitted that Jose and Felisa started living together only in June 1986, or barely five months before the celebration of their marriage.43 The Court of Appeals also noted Felisas testimony that Jose was introduced to her by her neighbor, Teresita Perwel, sometime in February or March 1986 after the EDSA Revolution.44 The appellate court also cited Felisas own testimony that it was only in June 1986 when Jose commenced to live in her house.45 Moreover, it is noteworthy that the question as to whether they satisfied the minimum five-year requisite is factual in nature. A question of fact arises when there is a need to decide on the truth or falsehood of the alleged facts.46Under Rule 45, factual findings are ordinarily not subject to this Courts review.47 It is already well-settled that: The general rule is that the findings of facts of the Court of Appeals are binding on this Court. A recognized exception to this rule is when the Court of Appeals and the trial court, or in this case the administrative body, make contradictory findings. However, the exception does not apply in every instance that the Court of Appeals and the trial court or administrative body disagree. The factual findings of the Court of Appeals remain conclusive on this Court if such findings are supported by the record or based on substantial evidence.48 Therefore, the falsity of the affidavit dated 24 November 1986, executed by Jose and Felisa to exempt them from the requirement of a marriage license, is beyond question. We cannot accept the insistence of the Republic that the falsity of the statements in the parties affidavit will not affect the validity of marriage, since all the essential and formal requisites were complied with. The argument deserves scant merit. Patently, it cannot be denied that the marriage between Jose and Felisa was celebrated without the formal requisite of a marriage license. Neither did Jose and Felisa meet the explicit legal requirement in Article 76, that they should have lived together as husband and wife for at least five years, so as to be excepted from the requirement of a marriage license. Anent petitioners reliance on the presumption of marriage, this Court holds that the same finds no applicability to the case at bar. Essentially, when we speak of a presumption of marriage, it is with reference to the prima facie presumption that a man and a woman deporting themselves as husband and wife have entered into a lawful contract of marriage.49 Restated more explicitly, persons dwelling together in apparent matrimony are presumed, in the absence of any counter-presumption or evidence special to the case, to be in fact married.50 The present case does not involve an apparent marriage to which the presumption still needs to be applied. There is no question that Jose and Felisa actually entered into a contract of marriage on 24 November 1986, hence, compelling Jose to institute a Complaint for Annulment and/or Declaration of Nullity of Marriage, which spawned the instant consolidated Petitions.

In the same vein, the declaration of the Civil Code 51 that every intendment of law or fact leans towards the validity of marriage will not salvage the parties marriage, and extricate them from the effect of a violation of the law. The marriage of Jose and Felisa was entered into without the requisite marriage license or compliance with the stringent requirements of a marriage under exceptional circumstance. The solemnization of a marriage without prior license is a clear violation of the law and would lead or could be used, at least, for the perpetration of fraud against innocent and unwary parties, which was one of the evils that the law sought to prevent by making a prior license a prerequisite for a valid marriage.52 The protection of marriage as a sacred institution requires not just the defense of a true and genuine union but the exposure of an invalid one as well.53 To permit a false affidavit to take the place of a marriage license is to allow an abject circumvention of the law. If this Court is to protect the fabric of the institution of marriage, we must be wary of deceptive schemes that violate the legal measures set forth in our laws. Similarly, we are not impressed by the ratiocination of the Republic that as a marriage under a license is not invalidated by the fact that the license was wrongfully obtained, so must a marriage not be invalidated by a fabricated statement that the parties have cohabited for at least five years as required by law. The contrast is flagrant. The former is with reference to an irregularity of the marriage license, and not to the absence of one. Here, there is no marriage license at all. Furthermore, the falsity of the allegation in the sworn affidavit relating to the period of Jose and Felisas cohabitation, which would have qualified their marriage as an exception to the requirement for a marriage license, cannot be a mere irregularity, for it refers to a quintessential fact that the law precisely required to be deposed and attested to by the parties under oath. If the essential matter in the sworn affidavit is a lie, then it is but a mere scrap of paper, without force and effect. Hence, it is as if there was no affidavit at all. In its second assignment of error, the Republic puts forth the argument that based on equity, Jose should be denied relief because he perpetrated the fabrication, and cannot thereby profit from his wrongdoing. This is a misplaced invocation. It must be stated that equity finds no room for application where there is a law.54 There is a law on the ratification of marital cohabitation, which is set in precise terms under Article 76 of the Civil Code. Nonetheless, the authorities are consistent that the declaration of nullity of the parties marriage is without prejudice to their criminal liability.55 The Republic further avers in its third assignment of error that Jose is deemed estopped from assailing the legality of his marriage for lack of a marriage license. It is claimed that Jose and Felisa had lived together from 1986 to 1990, notwithstanding Joses subsequent marriage to Rufina Pascual on 31 August 1990, and that it took Jose seven years before he sought the declaration of nullity; hence, estoppel had set in. This is erroneous. An action for nullity of marriage is imprescriptible.56 Jose and Felisas marriage was celebrated sans a marriage license. No other conclusion can be reached except that it is void ab initio. In this case, the right to impugn a void marriage does not prescribe, and may be raised any time. Lastly, to settle all doubts, jurisprudence has laid down the rule that the five-year common-law cohabitation period under Article 76 means a five-year period computed back from the date of celebration of marriage, and refers to a period of legal union had it not been for the absence of a marriage.57 It covers the years immediately preceding the day of the marriage, characterized by exclusivity - meaning no third party was involved at any time within the five years - and continuity that is unbroken.58 WHEREFORE, the Petitions are DENIED. The Amended Decision of the Court of Appeals, dated 7 November 2006 in CA-G.R. CV No. 68759, declaring the marriage of Jose Dayot to Felisa TecsonDayot void ab initio, is AFFIRMED, without prejudice to their criminal liability, if any. No costs. SO ORDERED.

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G.R. No. 179922

December 16, 2008

JUAN DE DIOS CARLOS, petitioner, vs. FELICIDAD SANDOVAL, also known as FELICIDAD S. VDA. DE CARLOS or FELICIDAD SANDOVAL CARLOS or FELICIDAD SANDOVAL VDA. DE CARLOS, and TEOFILO CARLOS II, respondents. DECISION REYES, R.T., J.: ONLY a spouse can initiate an action to sever the marital bond for marriages solemnized during the effectivity of the Family Code, except cases commenced prior to March 15, 2003. The nullity and annulment of a marriage cannot be declared in a judgment on the pleadings, summary judgment, or confession of judgment. We pronounce these principles as We review on certiorari the Decision1 of the Court of Appeals (CA) which reversed and set aside the summary judgment2 of the Regional Trial Court (RTC) in an action for declaration of nullity of marriage, status of a child, recovery of property, reconveyance, sum of money, and damages. The Facts The events that led to the institution of the instant suitare unveiled as follows: Spouses Felix B. Carlos and Felipa Elemia died intestate. They left six parcels of land to their compulsory heirs, Teofilo Carlos and petitioner Juan De Dios Carlos. The lots are particularly described as follows: Parcel No. 1 Lot No. 162 of the MUNTINLUPA ESTATE SUBDIVISION, Case No. 6137 of the Court of Land Registration. Exemption from the provisions of Article 567 of the Civil Code is specifically reserved. Area: 1 hectare, 06 ares, 07 centares. Parcel No. 2 A parcel of land (Lot No. 159-B), being a portion of Lot 159, situated in the Bo. of Alabang, Municipality of Muntinlupa, Province of Rizal, x x x containing an area of Thirteen Thousand Four Hundred Forty One (13,441) square meters. Parcel No. 3 A parcel of land (Lot 159-B-2 of the subd. plan [LRC] Psd-325903, approved as a non-subd. project), being a portion of Lot 159-B [LRC] Psd- Alabang, Mun. of Muntinlupa, Metro Manila, Island of Luzon. Bounded on the NE, points 2 to 4 by Lot 155, Muntinlupa Estate; on the SE, point 4 to 5 by Lot 159-B-5; on the S, points 5 to 1 by Lot 159-B-3; on the W, points 1 to 2 by Lot 159-B-1 (Road widening) all of the subd. plan, containing an area of ONE HUNDRED THIRTY (130) SQ. METERS, more or less. PARCEL No. 4 A parcel of land (Lot 28-C of the subd. plan Psd-13007090, being a portion of Lot 28, Muntinlupa Estate, L.R.C. Rec. No. 6137), situated in the Bo. of Alabang, Mun. of Muntinlupa, Metro Manila. Bounded on the NE, along lines 1-2 by Lot 27, Muntinlupa Estate; on the East

& SE, along lines 2 to 6 by Mangangata River; and on the West., along line 6-1, by Lot 28-B of the subd. plan x x x containing an area of ONE THUSAND AND SEVENTY-SIX (1,076) SQUARE METERS. PARCEL No. 5 PARCELA DE TERRENO No. 50, Manzana No. 18, de la subd. de Solocan. Linda por el NW, con la parcela 49; por el NE, con la parcela 36; por el SE, con la parcela 51; y por el SW, con la calle Dos Castillas. Partiendo de un punto marcado 1 en el plano, el cual se halla a S. gds. 01'W, 72.50 mts. Desde el punto 1 de esta manzana, que es un mojon de concreto de la Ciudad de Manila, situado on el esquina E. que forman las Calles Laong Laan y Dos. Castillas, continiendo un extension superficial de CIENTO CINCUENTA (150) METROS CUADRADOS. PARCEL No. 6 PARCELA DE TERRENO No. 51, Manzana No. 18, de la subd. De Solocon. Linda por el NW, con la parcela 50; por el NE, con la parcela 37; por el SE, con la parcela 52; por el SW, con la Calle Dos Castillas. Partiendo de un punto Marcado 1 en el plano, el cual se halla at S. 43 gds. 01'E, 82.50 mts. Desde el punto 1 de esta manzana, que es un mojon de concreto de la Ciudad de Manila, situado on el esquina E. que forman las Calles Laong Laan y Dos. Castillas, continiendo una extension superficial de CIENTO CINCUENTA (150) METROS CUADRADOS.3 During the lifetime of Felix Carlos, he agreed to transfer his estate to Teofilo. The agreement was made in order to avoid the payment of inheritance taxes. Teofilo, in turn, undertook to deliver and turn over the share of the other legal heir, petitioner Juan De Dios Carlos. Eventually, the first three (3) parcels of land were transferred and registered in the name of Teofilo. These three (3) lots are now covered by Transfer Certificate of Title (TCT) No. 234824 issued by the Registry of Deeds of Makati City; TCT No. 139061 issued by the Registry of Deeds of Makati City; and TCT No. 139058 issued by the Registry of Deeds of Makati City. Parcel No. 4 was registered in the name of petitioner. The lot is now covered by TCT No. 160401 issued by the Registry of Deeds of Makati City. On May 13, 1992, Teofilo died intestate. He was survived by respondents Felicidad and their son, Teofilo Carlos II (Teofilo II). Upon Teofilo's death, Parcel Nos. 5 & 6 were registered in the name of respondent Felicidad and co-respondent, Teofilo II. The said two (2) parcels of land are covered by TCT Nos. 219877 and 210878, respectively, issued by the Registry of Deeds of Manila. In 1994, petitioner instituted a suit against respondents before the RTC in Muntinlupa City, docketed as Civil Case No. 94-1964. In the said case, the parties submitted and caused the approval of a partial compromise agreement. Under the compromise, the parties acknowledged their respective shares in the proceeds from the sale of a portion of the first parcel of land. This includes the remaining 6,691-square-meter portion of said land. On September 17, 1994, the parties executed a deed of extrajudicial partition, dividing the remaining land of the first parcel between them. Meanwhile, in a separate case entitled Rillo v. Carlos,4 2,331 square meters of the second parcel of land were adjudicated in favor of plaintiffs Rillo. The remaining 10,000-square meter portion was later divided between petitioner and respondents. The division was incorporated in a supplemental compromise agreement executed on August 17, 1994, with respect to Civil

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Case No. 94-1964. The parties submitted the supplemental compromise agreement, which was approved accordingly. Petitioner and respondents entered into two more contracts in August 1994. Under the contracts, the parties equally divided between them the third and fourth parcels of land. In August 1995, petitioner commenced an action, docketed as Civil Case No. 95-135, against respondents before the court a quo with the following causes of action: (a) declaration of nullity of marriage; (b) status of a child; (c) recovery of property; (d) reconveyance; and (e) sum of money and damages. The complaint was raffled to Branch 256 of the RTC in Muntinlupa. In his complaint, petitioner asserted that the marriage between his late brother Teofilo and respondent Felicidad was a nullity in view of the absence of the required marriage license. He likewise maintained that his deceased brother was neither the natural nor the adoptive father of respondent Teofilo Carlos II. Petitioner likewise sought the avoidance of the contracts he entered into with respondent Felicidad with respect to the subject real properties. He also prayed for the cancellation of the certificates of title issued in the name of respondents. He argued that the properties covered by such certificates of title, including the sums received by respondents as proceeds, should be reconveyed to him. Finally, petitioner claimed indemnification as and by way of moral and exemplary damages, attorney's fees, litigation expenses, and costs of suit. On October 16, 1995, respondents submitted their answer. They denied the material averments of petitioner's complaint. Respondents contended that the dearth of details regarding the requisite marriage license did not invalidate Felicidad's marriage to Teofilo. Respondents declared that Teofilo II was the illegitimate child of the deceased Teofilo Carlos with another woman. On the grounds of lack of cause of action and lack of jurisdiction over the subject matter, respondents prayed for the dismissal of the case before the trial court. They also asked that their counterclaims for moral and exemplary damages, as well as attorney's fees, be granted. But before the parties could even proceed to pre-trial, respondents moved for summary judgment. Attached to the motion was the affidavit of the justice of the peace who solemnized the marriage. Respondents also submitted the Certificate of Live Birth of respondent Teofilo II. In the certificate, the late Teofilo Carlos and respondent Felicidad were designated as parents. On January 5, 1996, petitioner opposed the motion for summary judgment on the ground of irregularity of the contract evidencing the marriage. In the same breath, petitioner lodged his own motion for summary judgment. Petitioner presented a certification from the Local Civil Registrar of Calumpit, Bulacan, certifying that there is no record of birth of respondent Teofilo II. Petitioner also incorporated in the counter-motion for summary judgment the testimony of respondent Felicidad in another case. Said testimony was made in Civil Case No. 89-2384, entitled Carlos v. Gorospe, before the RTC Branch 255, Las Pias. In her testimony, respondent Felicidad narrated that corespondent Teofilo II is her child with Teofilo.5 Subsequently, the Office of the City Prosecutor of Muntinlupa submitted to the trial court its report and manifestation, discounting the possibility of collusion between the parties.

RTC and CA Dispositions On April 8, 1996, the RTC rendered judgment, disposing as follows: WHEREFORE, premises considered, defendant's (respondent's) Motion for Summary Judgment is hereby denied. Plaintiff's (petitioner's) Counter-Motion for Summary Judgment is hereby granted and summary judgment is hereby rendered in favor of plaintiff as follows: 1. Declaring the marriage between defendant Felicidad Sandoval and Teofilo Carlos solemnized at Silang, Cavite on May 14, 1962, evidenced by the Marriage Certificate submitted in this case, null and void ab initio for lack of the requisite marriage license; 2. Declaring that the defendant minor, Teofilo S. Carlos II, is not the natural, illegitimate, or legally adopted child of the late Teofilo E. Carlos; 3. Ordering defendant Sandoval to pay and restitute to plaintiff the sum of P18,924,800.00 together with the interest thereon at the legal rate from date of filing of the instant complaint until fully paid; 4. Declaring plaintiff as the sole and exclusive owner of the parcel of land, less the portion adjudicated to plaintiffs in Civil Case No. 11975, covered by TCT No. 139061 of the Register of Deeds of Makati City, and ordering said Register of Deeds to cancel said title and to issue another title in the sole name of plaintiff herein; 5. Declaring the Contract, Annex "K" of complaint, between plaintiff and defendant Sandoval null and void, and ordering the Register of Deeds of Makati City to cancel TCT No. 139058 in the name of Teofilo Carlos, and to issue another title in the sole name of plaintiff herein; 6. Declaring the Contract, Annex M of the complaint, between plaintiff and defendant Sandoval null and void; 7. Ordering the cancellation of TCT No. 210877 in the names of defendant Sandoval and defendant minor Teofilo S. Carlos II and ordering the Register of Deeds of Manila to issue another title in the exclusive name of plaintiff herein; 8. Ordering the cancellation of TCT No. 210878 in the name of defendant Sandoval and defendant Minor Teofilo S. Carlos II and ordering the Register of Deeds of Manila to issue another title in the sole name of plaintiff herein. Let this case be set for hearing for the reception of plaintiff's evidence on his claim for moral damages, exemplary damages, attorney's fees, appearance fees, and litigation expenses on June 7, 1996 at 1:30 o'clock in the afternoon. SO ORDERED.6 Dissatisfied, respondents appealed to the CA. In the appeal, respondents argued, inter alia, that the trial court acted without or in excess of jurisdiction in rendering summary judgment annulling the marriage of Teofilo, Sr. and Felicidad and in declaring Teofilo II as not an illegitimate child of Teofilo, Sr. On October 15, 2002, the CA reversed and set aside the RTC ruling, disposing as follows: WHEREFORE, the summary judgment appealed from is REVERSED and SET ASIDE and in lieu thereof, a new one is entered REMANDING the case to the court of origin for further proceedings. SO ORDERED.7

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The CA opined: We find the rendition of the herein appealed summary judgment by the court a quo contrary to law and public policy as ensconced in the aforesaid safeguards. The fact that it was appellants who first sought summary judgment from the trial court, did not justify the grant thereof in favor of appellee. Not being an action "to recover upon a claim" or "to obtain a declaratory relief," the rule on summary judgment apply (sic) to an action to annul a marriage. The mere fact that no genuine issue was presented and the desire to expedite the disposition of the case cannot justify a misinterpretation of the rule. The first paragraph of Article 88 and 101 of the Civil Code expressly prohibit the rendition of decree of annulment of a marriage upon a stipulation of facts or a confession of judgment. Yet, the affidavits annexed to the petition for summary judgment practically amount to these methods explicitly proscribed by the law. We are not unmindful of appellee's argument that the foregoing safeguards have traditionally been applied to prevent collusion of spouses in the matter of dissolution of marriages and that the death of Teofilo Carlos on May 13, 1992 had effectively dissolved the marriage herein impugned. The fact, however, that appellee's own brother and appellant Felicidad Sandoval lived together as husband and wife for thirty years and that the annulment of their marriage is the very means by which the latter is sought to be deprived of her participation in the estate left by the former call for a closer and more thorough inquiry into the circumstances surrounding the case. Rather that the summary nature by which the court a quo resolved the issues in the case, the rule is to the effect that the material facts alleged in the complaint for annulment of marriage should always be proved. Section 1, Rule 19 of the Revised Rules of Court provides: "Section 1. Judgment on the pleadings. - Where an answer fails to tender an issue, or otherwise admits the material allegations of the adverse party's pleading, the court may, on motion of that party, direct judgment on such pleading. But in actions for annulment of marriage or for legal separation, the material facts alleged in the complaint shall always be proved." (Underscoring supplied) Moreover, even if We were to sustain the applicability of the rules on summary judgment to the case at bench, Our perusal of the record shows that the finding of the court a quo for appellee would still not be warranted. While it may be readily conceded that a valid marriage license is among the formal requisites of marriage, the absence of which renders the marriage void ab initio pursuant to Article 80(3) in relation to Article 58 of the Civil Code the failure to reflect the serial number of the marriage license on the marriage contract evidencing the marriage between Teofilo Carlos and appellant Felicidad Sandoval, although irregular, is not as fatal as appellee represents it to be. Aside from the dearth of evidence to the contrary, appellant Felicidad Sandoval's affirmation of the existence of said marriage license is corroborated by the following statement in the affidavit executed by Godofredo Fojas, then Justice of the Peace who officiated the impugned marriage, to wit: "That as far as I could remember, there was a marriage license issued at Silang, Cavite on May 14, 1962 as basis of the said marriage contract executed by Teofilo Carlos and Felicidad Sandoval, but the number of said marriage license was inadvertently not placed in the marriage contract for the reason that it

was the Office Clerk who filled up the blanks in the Marriage Contract who in turn, may have overlooked the same." Rather than the inferences merely drawn by the trial court, We are of the considered view that the veracity and credibility of the foregoing statement as well as the motivations underlying the same should be properly threshed out in a trial of the case on the merits. If the non-presentation of the marriage contract - the primary evidence of marriage - is not proof that a marriage did not take place, neither should appellants' non-presentation of the subject marriage license be taken as proof that the same was not procured. The burden of proof to show the nullity of the marriage, it must be emphasized, rests upon the plaintiff and any doubt should be resolved in favor of the validity of the marriage. Considering that the burden of proof also rests on the party who disputes the legitimacy of a particular party, the same may be said of the trial court's rejection of the relationship between appellant Teofilo Carlos II and his putative father on the basis of the inconsistencies in appellant Felicidad Sandoval's statements. Although it had effectively disavowed appellant's prior claims regarding the legitimacy of appellant Teofilo Carlos II, the averment in the answer that he is the illegitimate son of appellee's brother, to Our mind, did not altogether foreclose the possibility of the said appellant's illegitimate filiation, his right to prove the same or, for that matter, his entitlement to inheritance rights as such. Without trial on the merits having been conducted in the case, We find appellee's bare allegation that appellant Teofilo Carlos II was merely purchased from an indigent couple by appellant Felicidad Sandoval, on the whole, insufficient to support what could well be a minor's total forfeiture of the rights arising from his putative filiation. Inconsistent though it may be to her previous statements, appellant Felicidad Sandoval's declaration regarding the illegitimate filiation of Teofilo Carlos II is more credible when considered in the light of the fact that, during the last eight years of his life, Teofilo Carlos allowed said appellant the use of his name and the shelter of his household. The least that the trial court could have done in the premises was to conduct a trial on the merits in order to be able to thoroughly resolve the issues pertaining to the filiation of appellant Teofilo Carlos II.8 On November 22, 2006, petitioner moved for reconsideration and for the inhibition of the ponente, Justice Rebecca De GuiaSalvador. The CA denied the twin motions. Issues In this petition under Rule 45, petitioner hoists the following issues: 1. That, in reversing and setting aside the Summary Judgment under the Decision, Annex A hereof, and in denying petitioner's Motion for reconsideration under the Resolution, Annex F hereof, with respect to the nullity of the impugned marriage, petitioner respectfully submits that the Court of Appeals committed a grave reversible error in applying Articles 88 and 101 of the Civil Code, despite the fact that the circumstances of this case are different from that contemplated and intended by law, or has otherwise decided a question of substance not theretofore decided by the Supreme Court, or has decided it in a manner probably not in accord with law or with the applicable decisions of this Honorable Court;

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2. That in setting aside and reversing the Summary Judgment and, in lieu thereof, entering another remanding the case to the court of origin for further proceedings, petitioner most respectfully submits that the Court of Appeals committed a serious reversible error in applying Section 1, Rule 19 (now Section 1, Rule 34) of the Rules of Court providing for judgment on the pleadings, instead of Rule 35 governing Summary Judgments; 3. That in reversing and setting aside the Summary Judgment and, in lieu thereof, entering another remanding the case to the court of origin for further proceedings, petitioner most respectfully submits that the Court of Appeals committed grave abuse of discretion, disregarded judicial admissions, made findings on ground of speculations, surmises, and conjectures, or otherwise committed misapplications of the laws and misapprehension of the facts.9 (Underscoring supplied) Essentially, the Court is tasked to resolve whether a marriage may be declared void ab initio through a judgment on the pleadings or a summary judgment and without the benefit of a trial. But there are other procedural issues, including the capacity of one who is not a spouse in bringing the action for nullity of marriage. Our Ruling I. The grounds for declaration of absolute nullity of marriage must be proved. Neither judgment on the pleadings nor summary judgment is allowed. So is confession of judgment disallowed. Petitioner faults the CA in applying Section 1, Rule 1910 of the Revised Rules of Court, which provides: SECTION 1. Judgment on the pleadings. - Where an answer fails to tender an issue, or otherwise admits the material allegations of the adverse party's pleading, the court may, on motion of that party, direct judgment on such pleading. But in actions for annulment of marriage or for legal separation, the material facts alleged in the complaint shall always be proved. He argues that the CA should have applied Rule 35 of the Rules of Court governing summary judgment, instead of the rule on judgment on the pleadings. Petitioner is misguided. The CA did not limit its finding solely within the provisions of the Rule on judgment on the pleadings. In disagreeing with the trial court, the CA likewise considered the provisions on summary judgments, to wit: Moreover, even if We are to sustain the applicability of the rules on summary judgment to the case at bench, Our perusal of the record shows that the finding of the court a quo for appellee would still not be warranted. x x x11 But whether it is based on judgment on the pleadings or summary judgment, the CA was correct in reversing the summary judgment rendered by the trial court. Both the rules on judgment on the pleadings and summary judgments have no place in cases of declaration of absolute nullity of marriage and even in annulment of marriage. With the advent of A.M. No. 02-11-10-SC, known as "Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages," the question on the application of summary judgments or even judgment on the pleadings in cases of nullity or annulment of marriage has been stamped with clarity. The significant principle laid down by the said Rule, which took effect on March 15, 200312 is found in Section 17, viz.:

SEC. 17. Trial. - (1) The presiding judge shall personally conduct the trial of the case. No delegation of evidence to a commissioner shall be allowed except as to matters involving property relations of the spouses. (2) The grounds for declaration of absolute nullity or annulment of marriage must be proved. No judgment on the pleadings, summary judgment, or confession of judgment shall be allowed. (Underscoring supplied) Likewise instructive is the Court's pronouncement in Republic v. Sandiganbayan.13 In that case, We excluded actions for nullity or annulment of marriage from the application of summary judgments. Prescinding from the foregoing discussion, save for annulment of marriage or declaration of its nullity or for legal separation, summary judgment is applicable to all kinds of actions.14 (Underscoring supplied) By issuing said summary judgment, the trial court has divested the State of its lawful right and duty to intervene in the case. The participation of the State is not terminated by the declaration of the public prosecutor that no collusion exists between the parties. The State should have been given the opportunity to present controverting evidence before the judgment was rendered.15 Both the Civil Code and the Family Code ordain that the court should order the prosecuting attorney to appear and intervene for the State. It is at this stage when the public prosecutor sees to it that there is no suppression of evidence. Concomitantly, even if there is no suppression of evidence, the public prosecutor has to make sure that the evidence to be presented or laid down before the court is not fabricated. To further bolster its role towards the preservation of marriage, the Rule on Declaration of Absolute Nullity of Void Marriages reiterates the duty of the public prosecutor, viz.: SEC. 13. Effect of failure to appear at the pre-trial. - (a) x xx (b) x x x If there is no collusion, the court shall require the public prosecutor to intervene for the State during the trial on the merits to prevent suppression or fabrication of evidence. (Underscoring supplied) Truly, only the active participation of the public prosecutor or the Solicitor General will ensure that the interest of the State is represented and protected in proceedings for declaration of nullity of marriages by preventing the fabrication or suppression of evidence.16 II. A petition for declaration of absolute nullity of void marriage may be filed solely by the husband or wife. Exceptions: (1) Nullity of marriage cases commenced before the effectivity of A.M. No. 02-11-10-SC; and (2) Marriages celebrated during the effectivity of the Civil Code. Under the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages, the petition for declaration of absolute nullity of marriage may not be filed by any party outside of the marriage. The Rule made it exclusively a right of the spouses by stating: SEC. 2. Petition for declaration of absolute nullity of void marriages. (a) Who may file. - A petition for declaration of absolute nullity of void marriage may be filed solely by the husband or the wife. (Underscoring supplied)

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Section 2(a) of the Rule makes it the sole right of the husband or the wife to file a petition for declaration of absolute nullity of void marriage. The rationale of the Rule is enlightening, viz.: Only an aggrieved or injured spouse may file a petition for annulment of voidable marriages or declaration of absolute nullity of void marriages. Such petition cannot be filed by compulsory or intestate heirs of the spouses or by the State. The Committee is of the belief that they do not have a legal right to file the petition.Compulsory or intestate heirs have only inchoate rights prior to the death of their predecessor, and, hence, can only question the validity of the marriage of the spouses upon the death of a spouse in a proceeding for the settlement of the estate of the deceased spouse filed in the regular courts. On the other hand, the concern of the State is to preserve marriage and not to seek its dissolution.17 (Underscoring supplied) The new Rule recognizes that the husband and the wife are the sole architects of a healthy, loving, peaceful marriage. They are the only ones who can decide when and how to build the foundations of marriage. The spouses alone are the engineers of their marital life. They are simultaneously the directors and actors of their matrimonial true-to-life play. Hence, they alone can and should decide when to take a cut, but only in accordance with the grounds allowed by law. The innovation incorporated in A.M. No. 02-11-10-SC sets forth a demarcation line between marriages covered by the Family Code and those solemnized under the Civil Code. The Rule extends only to marriages entered into during the effectivity of the Family Code which took effect on August 3, 1988.18 The advent of the Rule on Declaration of Absolute Nullity of Void Marriages marks the beginning of the end of the right of the heirs of the deceased spouse to bring a nullity of marriage case against the surviving spouse. But the Rule never intended to deprive the compulsory or intestate heirs of their successional rights. While A.M. No. 02-11-10-SC declares that a petition for declaration of absolute nullity of marriage may be filed solely by the husband or the wife, it does not mean that the compulsory or intestate heirs are without any recourse under the law. They can still protect their successional right, for, as stated in the Rationale of the Rules on Annulment of Voidable Marriages and Declaration of Absolute Nullity of Void Marriages, compulsory or intestate heirs can still question the validity of the marriage of the spouses, not in a proceeding for declaration of nullity but upon the death of a spouse in a proceeding for the settlement of the estate of the deceased spouse filed in the regular courts.19 It is emphasized, however, that the Rule does not apply to cases already commenced before March 15, 2003 although the marriage involved is within the coverage of the Family Code. This is so, as the new Rule which became effective on March 15, 200320 is prospective in its application. Thus, the Court held in Enrico v. Heirs of Sps. Medinaceli,21 viz.: As has been emphasized, A.M. No. 02-11-10-SC covers marriages under the Family Code of the Philippines, and is prospective in its application.22 (Underscoring supplied) Petitioner commenced the nullity of marriage case against respondent Felicidad in 1995. The marriage in controversy was celebrated on May 14, 1962. Which law would govern depends upon when the marriage took place.23 The marriage having been solemnized prior to the effectivity of the Family Code, the applicable law is the Civil Code which was the law in effect at the time of its celebration.24 But the Civil Code is silent as to who may bring an action to declare the marriage void. Does this mean that any person can bring an action for the declaration of nullity of marriage?

We respond in the negative. The absence of a provision in the Civil Code cannot be construed as a license for any person to institute a nullity of marriage case. Such person must appear to be the party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit.25 Elsewise stated, plaintiff must be the real party-in-interest. For it is basic in procedural law that every action must be prosecuted and defended in the name of the real party-ininterest.26 Interest within the meaning of the rule means material interest or an interest in issue to be affected by the decree or judgment of the case, as distinguished from mere curiosity about the question involved or a mere incidental interest. One having no material interest to protect cannot invoke the jurisdiction of the court as plaintiff in an action. When plaintiff is not the real party-ininterest, the case is dismissible on the ground of lack of cause of action.27 Illuminating on this point is Amor-Catalan v. Court of Appeals,28 where the Court held: True, under the New Civil Code which is the law in force at the time the respondents were married, or even in the Family Code, there is no specific provision as to who can file a petition to declare the nullity of marriage; however, only a party who can demonstrate "proper interest" can file the same. A petition to declare the nullity of marriage, like any other actions, must be prosecuted or defended in the name of the real party-ininterest and must be based on a cause of action. Thus, in Nial v. Badayog, the Court held that the children have the personality to file the petition to declare the nullity of marriage of their deceased father to their stepmother as it affects their successional rights. xxxx In fine, petitioner's personality to file the petition to declare the nullity of marriage cannot be ascertained because of the absence of the divorce decree and the foreign law allowing it. Hence, a remand of the case to the trial court for reception of additional evidence is necessary to determine whether respondent Orlando was granted a divorce decree and whether the foreign law which granted the same allows or restricts remarriage. If it is proved that a valid divorce decree was obtained and the same did not allow respondent Orlando's remarriage, then the trial court should declare respondent's marriage as bigamous and void ab initio but reduced the amount of moral damages from P300,000.00 to P50,000.00 and exemplary damages from P200,000.00 to P25,000.00. On the contrary, if it is proved that a valid divorce decree was obtained which allowed Orlando to remarry, then the trial court must dismiss the instant petition to declare nullity of marriage on the ground that petitioner Felicitas Amor-Catalan lacks legal personality to file the same.29(Underscoring supplied) III. The case must be remanded to determine whether or not petitioner is a real-party-in-interest to seek the declaration of nullity of the marriage in controversy. In the case at bench, the records reveal that when Teofilo died intestate in 1992, his only surviving compulsory heirs are respondent Felicidad and their son, Teofilo II. Under the law on succession, successional rights are transmitted from the moment of death of the decedent and the compulsory heirs are called to succeed by operation of law.30 Upon Teofilo's death in 1992, all his property, rights and obligations to the extent of the value of the inheritance are transmitted to his compulsory heirs. These heirs were respondents Felicidad and Teofilo II, as the surviving spouse and child, respectively.

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Article 887 of the Civil Code outlined who are compulsory heirs, to wit: (1) Legitimate children and descendants, with respect to their legitimate parents and ascendants; (2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants; (3) The widow or widower; (4) Acknowledged natural children, and natural children by legal fiction; (5) Other illegitimate children referred to in Article 287 of the Civil Code.31 Clearly, a brother is not among those considered as compulsory heirs. But although a collateral relative, such as a brother, does not fall within the ambit of a compulsory heir, he still has a right to succeed to the estate. Articles 1001 and 1003 of the New Civil Code provide: ART. 1001. Should brothers and sisters or their children survive with the widow or widower, the latter shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the other half. ART. 1003. If there are no descendants, ascendants, illegitimate children, or a surviving spouse, the collateral relatives shall succeed to the entire estate of the deceased in accordance with the following articles. (Underscoring supplied) Indeed, only the presence of descendants, ascendants or illegitimate children excludes collateral relatives from succeeding to the estate of the decedent. The presence of legitimate, illegitimate, or adopted child or children of the deceased precludes succession by collateral relatives.32 Conversely, if there are no descendants, ascendants, illegitimate children, or a surviving spouse, the collateral relatives shall succeed to the entire estate of the decedent.33 If respondent Teofilo II is declared and finally proven not to be the legitimate, illegitimate, or adopted son of Teofilo, petitioner would then have a personality to seek the nullity of marriage of his deceased brother with respondent Felicidad. This is so, considering that collateral relatives, like a brother and sister, acquire successional right over the estate if the decedent dies without issue and without ascendants in the direct line. The records reveal that Teofilo was predeceased by his parents. He had no other siblings but petitioner. Thus, if Teofilo II is finally found and proven to be not a legitimate, illegitimate, or adopted son of Teofilo, petitioner succeeds to the other half of the estate of his brother, the first half being allotted to the widow pursuant to Article 1001 of the New Civil Code. This makes petitioner a real-party-interest to seek the declaration of absolute nullity of marriage of his deceased brother with respondent Felicidad. If the subject marriage is found to be void ab initio, petitioner succeeds to the entire estate. It bears stressing, however, that the legal personality of petitioner to bring the nullity of marriage case is contingent upon the final declaration that Teofilo II is not a legitimate, adopted, or illegitimate son of Teofilo. If Teofilo II is proven to be a legitimate, illegitimate, or legally adopted son of Teofilo, then petitioner has no legal personality to ask for the nullity of marriage of his deceased brother and respondent Felicidad. This is based on the ground that he has no successional right to be protected, hence, does not have proper interest. For although the marriage in controversy may be found to be void from the beginning, still, petitioner would not inherit. This is because the presence of descendant, illegitimate,34 or even an adopted child35 excludes the collateral relatives from inheriting from the decedent.

Thus, the Court finds that a remand of the case for trial on the merits to determine the validity or nullity of the subject marriage is called for. But the RTC is strictly instructed to dismiss the nullity of marriage case for lack of cause of action if it is proven by evidence that Teofilo II is a legitimate, illegitimate, or legally adopted son of Teofilo Carlos, the deceased brother of petitioner. IV. Remand of the case regarding the question of filiation of respondent Teofilo II is proper and in order. There is a need to vacate the disposition of the trial court as to the other causes of action before it. Petitioner did not assign as error or interpose as issue the ruling of the CA on the remand of the case concerning the filiation of respondent Teofilo II. This notwithstanding, We should not leave the matter hanging in limbo. This Court has the authority to review matters not specifically raised or assigned as error by the parties, if their consideration is necessary in arriving at a just resolution of the case.36 We agree with the CA that without trial on the merits having been conducted in the case, petitioner's bare allegation that respondent Teofilo II was adopted from an indigent couple is insufficient to support a total forfeiture of rights arising from his putative filiation. However, We are not inclined to support its pronouncement that the declaration of respondent Felicidad as to the illegitimate filiation of respondent Teofilo II is more credible. For the guidance of the appellate court, such declaration of respondent Felicidad should not be afforded credence. We remind the CA of the guaranty provided by Article 167 of the Family Code to protect the status of legitimacy of a child, to wit: ARTICLE 167. The child shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress. (Underscoring supplied) It is stressed that Felicidad's declaration against the legitimate status of Teofilo II is the very act that is proscribed by Article 167 of the Family Code. The language of the law is unmistakable. An assertion by the mother against the legitimacy of her child cannot affect the legitimacy of a child born or conceived within a valid marriage.37 Finally, the disposition of the trial court in favor of petitioner for causes of action concerning reconveyance, recovery of property, and sum of money must be vacated. This has to be so, as said disposition was made on the basis of its finding that the marriage in controversy was null and void ab initio. WHEREFORE, the appealed Decision is MODIFIED as follows: 1. The case is REMANDED to the Regional Trial Court in regard to the action on the status and filiation of respondent Teofilo Carlos II and the validity or nullity of marriage between respondent Felicidad Sandoval and the late Teofilo Carlos; 2. If Teofilo Carlos II is proven to be the legitimate, or illegitimate, or legally adopted son of the late Teofilo Carlos, the RTC is strictly INSTRUCTED to DISMISS the action for nullity of marriage for lack of cause of action; 3. The disposition of the RTC in Nos. 1 to 8 of the fallo of its decision is VACATED AND SET ASIDE. The Regional Trial Court is ORDERED to conduct trial on the merits with dispatch and to give this case priority in its calendar. No costs. SO ORDERED.

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G.R. No. 112019 January 4, 1995 LEOUEL SANTOS, petitioner, vs. THE HONORABLE COURT OF APPEALS AND JULIA ROSARIO BEDIA-SANTOS, respondents. VITUG, J.: Concededly a highly, if not indeed the most likely, controversial provision introduced by the Family Code is Article 36 (as amended by E.O. No. 227 dated 17 July 1987), which declares: 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. The present petition for review on certiorari, at the instance of Leouel Santos ("Leouel"), brings into fore the above provision which is now invoked by him. Undaunted by the decisions of the court a quo 1 and the Court of Appeal, 2 Leouel persists in beseeching its application in his attempt to have his marriage with herein private respondent, Julia Rosario Bedia-Santos ("Julia"), declared a nullity. It was in Iloilo City where Leouel, who then held the rank of First Lieutenant in the Philippine Army, first met Julia. The meeting later proved to be an eventful day for Leouel and Julia. On 20 September 1986, the two exchanged vows before Municipal Trial Court Judge Cornelio G. Lazaro of Iloilo City, followed, shortly thereafter, by a church wedding. Leouel and Julia lived with the latter's parents at the J. Bedia Compound, La Paz, Iloilo City. On 18 July 1987, Julia gave birth to a baby boy, and he was christened Leouel Santos, Jr. The ecstasy, however, did not last long. It was bound to happen, Leouel averred, because of the frequent interference by Julia's parents into the young spouses family affairs. Occasionally, the couple would also start a "quarrel" over a number of other things, like when and where the couple should start living independently from Julia's parents or whenever Julia would express resentment on Leouel's spending a few days with his own parents. On 18 May 1988, Julia finally left for the United Sates of America to work as a nurse despite Leouel's pleas to so dissuade her. Seven months after her departure, or on 01 January 1989, Julia called up Leouel for the first time by long distance telephone. She promised to return home upon the expiration of her contract in July 1989. She never did. When Leouel got a chance to visit the United States, where he underwent a training program under the auspices of the Armed Forces of the Philippines from 01 April up to 25 August 1990, he desperately tried to locate, or to somehow get in touch with, Julia but all his efforts were of no avail. Having failed to get Julia to somehow come home, Leouel filed with the regional trial Court of Negros Oriental, Branch 30, a complaint for "Voiding of marriage Under Article 36 of the Family Code" (docketed, Civil Case No. 9814). Summons was served by publication in a newspaper of general circulation in Negros Oriental. On 31 May 1991, respondent Julia, in her answer (through counsel), opposed the complaint and denied its allegations, claiming, in main, that it was the petitioner who had, in fact, been irresponsible and incompetent. A possible collusion between the parties to obtain a decree of nullity of their marriage was ruled out by the Office of the Provincial Prosecutor (in its report to the court). On 25 October 1991, after pre-trial conferences had repeatedly been set, albeit unsuccessfully, by the court, Julia ultimately filed

a manifestation, stating that she would neither appear nor submit evidence. On 06 November 1991, the court a quo finally dismissed the complaint for lack of merit. 3 Leouel appealed to the Court of Appeal. The latter affirmed the decision of the trial court. 4 The petition should be denied not only because of its noncompliance with Circular 28-91, which requires a certification of non-shopping, but also for its lack of merit. Leouel argues that the failure of Julia to return home, or at the very least to communicate with him, for more than five years are circumstances that clearly show her being psychologically incapacitated to enter into married life. In his own words, Leouel asserts: . . . (T)here is no leave, there is no affection for (him) because respondent Julia Rosario BediaSantos failed all these years to communicate with the petitioner. A wife who does not care to inform her husband about her whereabouts for a period of five years, more or less, is psychologically incapacitated. The family Code did not define the term "psychological incapacity." The deliberations during the sessions of the Family Code Revision Committee, which has drafted the Code, can, however, provide an insight on the import of the provision. Art. 35. The following marriages shall be void from the beginning: xxx xxx xxx Art. 36. . . . (7) Those marriages contracted by any party who, at the time of the celebration, was wanting in the sufficient use of reason or judgment to understand the essential nature of marriage or was psychologically or mentally incapacitated to discharge the essential marital obligations, even if such lack of incapacity is made manifest after the celebration. On subparagraph (7), which as lifted from the Canon Law, Justice (Jose B.L.) Reyes suggested that they say "wanting in sufficient use," but Justice (Eduardo) Caguioa preferred to say "wanting in the sufficient use." On the other hand, Justice Reyes proposed that they say "wanting in sufficient reason." Justice Caguioa, however, pointed out that the idea is that one is not lacking in judgment but that he is lacking in the exercise of judgment. He added that lack of judgment would make the marriage voidable. Judge (Alicia Sempio-) Diy remarked that lack of judgment is more serious than insufficient use of judgment and yet the latter would make the marriage null and void and the former only voidable. Justice Caguioa suggested that subparagraph (7) be modified to read: "That contracted by any party who, at the time of the celebration, was psychologically incapacitated to discharge the essential marital obligations, even if such

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lack of incapacity is made manifest after the celebration." Justice Caguioa explained that the phrase "was wanting in sufficient use of reason of judgment to understand the essential nature of marriage" refers to defects in the mental faculties vitiating consent, which is not the idea in subparagraph (7), but lack of appreciation of one's marital obligations. Judge Diy raised the question: Since "insanity" is also a psychological or mental incapacity, why is "insanity" only a ground for annulment and not for declaration or nullity? In reply, Justice Caguioa explained that in insanity, there is the appearance of consent, which is the reason why it is a ground for voidable marriages, while subparagraph (7) does not refer to consent but to the very essence of marital obligations. Prof. (Araceli) Baviera suggested that, in subparagraph (7), the word "mentally" be deleted, with which Justice Caguioa concurred. Judge Diy, however, prefers to retain the word "mentally." Justice Caguioa remarked that subparagraph (7) refers to psychological impotence. Justice (Ricardo) Puno stated that sometimes a person may be psychologically impotent with one but not with another. Justice (Leonor Ines) Luciano said that it is called selective impotency. Dean (Fortunato) Gupit stated that the confusion lies in the fact that in inserting the Canon Law annulment in the Family Code, the Committee used a language which describes a ground for voidable marriages under the Civil Code. Justice Caguioa added that in Canon Law, there are voidable marriages under the Canon Law, there are no voidable marriages Dean Gupit said that this is precisely the reason why they should make a distinction. Justice Puno remarked that in Canon Law, the defects in marriage cannot be cured. Justice Reyes pointed out that the problem is: Why is "insanity" a ground for void ab initio marriages? In reply, Justice Caguioa explained that insanity is curable and there are lucid intervals, while psychological incapacity is not. On another point, Justice Puno suggested that the phrase "even if such lack or incapacity is made manifest" be modified to read "even if such lack or incapacity becomes manifest." Justice Reyes remarked that in insanity, at the time of the marriage, it is not apparent. Justice Caguioa stated that there are two interpretations of the phrase "psychological or mentally incapacitated" in the first one, there is vitiation of consent because one does not know all the consequences of the marriages, and if he had known these completely, he might not have consented to the marriage.

xxx xxx xxx Prof. Bautista stated that he is in favor of making psychological incapacity a ground for voidable marriages since otherwise it will encourage one who really understood the consequences of marriage to claim that he did not and to make excuses for invalidating the marriage by acting as if he did not understand the obligations of marriage. Dean Gupit added that it is a loose way of providing for divorce. xxx xxx xxx Justice Caguioa explained that his point is that in the case of incapacity by reason of defects in the mental faculties, which is less than insanity, there is a defect in consent and, therefore, it is clear that it should be a ground for voidable marriage because there is the appearance of consent and it is capable of convalidation for the simple reason that there are lucid intervals and there are cases when the insanity is curable. He emphasized that psychological incapacity does not refer to mental faculties and has nothing to do with consent; it refers to obligations attendant to marriage. xxx xxx xxx On psychological incapacity, Prof. (Flerida Ruth P.) Romero inquired if they do not consider it as going to the very essence of consent. She asked if they are really removing it from consent. In reply, Justice Caguioa explained that, ultimately, consent in general is effected but he stressed that his point is that it is not principally a vitiation of consent since there is a valid consent. He objected to the lumping together of the validity of the marriage celebration and the obligations attendant to marriage, which are completely different from each other, because they require a different capacity, which is eighteen years of age, for marriage but in contract, it is different. Justice Puno, however, felt that psychological incapacity is still a kind of vice of consent and that it should not be classified as a voidable marriage which is incapable of convalidation; it should be convalidated but there should be no prescription. In other words, as long as the defect has not been cured, there is always a right to annul the marriage and if the defect has been really cured, it should be a defense in the action for annulment so that when the action for annulment is instituted, the issue can be raised that actually, although one might have been psychologically incapacitated, at the time the action is brought, it is no longer true that he has no concept of the consequence of marriage. Prof. (Esteban) Bautista raised the question: Will not cohabitation be a defense? In response, Justice Puno stated that even the bearing of children and cohabitation should not be a sign that psychological incapacity has been cured. Prof. Romero opined that psychological incapacity is still insanity of a lesser degree. Justice Luciano suggested that they invite a psychiatrist, who is the expert on this matter. Justice Caguioa, however, reiterated that psychological incapacity is not a defect in the

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mind but in the understanding of the consequences of marriage, and therefore, a psychiatrist will not be a help. Prof. Bautista stated that, in the same manner that there is a lucid interval in insanity, there are also momentary periods when there is an understanding of the consequences of marriage. Justice Reyes and Dean Gupit remarked that the ground of psychological incapacity will not apply if the marriage was contracted at the time when there is understanding of the consequences of marriage. 5 xxx xxx xxx Judge Diy proposed that they include physical incapacity to copulate among the grounds for void marriages. Justice Reyes commented that in some instances the impotence that in some instances the impotence is only temporary and only with respect to a particular person. Judge Diy stated that they can specify that it is incurable. Justice Caguioa remarked that the term "incurable" has a different meaning in law and in medicine. Judge Diy stated that "psychological incapacity" can also be cured. Justice Caguioa, however, pointed out that "psychological incapacity" is incurable. Justice Puno observed that under the present draft provision, it is enough to show that at the time of the celebration of the marriage, one was psychologically incapacitated so that later on if already he can comply with the essential marital obligations, the marriage is still void ab initio. Justice Caguioa explained that since in divorce, the psychological incapacity may occur after the marriage, in void marriages, it has to be at the time of the celebration of marriage. He, however, stressed that the idea in the provision is that at the time of the celebration of the marriage, one is psychologically incapacitated to comply with the essential marital obligations, which incapacity continues and later becomes manifest. Justice Puno and Judge Diy, however, pointed out that it is possible that after the marriage, one's psychological incapacity become manifest but later on he is cured. Justice Reyes and Justice Caguioa opined that the remedy in this case is to allow him to remarry. 6 xxx xxx xxx Justice Puno formulated the next Article as follows: Art. 37. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated, to comply with the essential obligations of marriage shall likewise be void from the beginning even if such incapacity becomes manifest after its solemnization.

Justice Caguioa suggested that "even if" be substituted with "although." On the other hand, Prof. Bautista proposed that the clause "although such incapacity becomes manifest after its solemnization" be deleted since it may encourage one to create the manifestation of psychological incapacity. Justice Caguioa pointed out that, as in other provisions, they cannot argue on the basis of abuse. Judge Diy suggested that they also include mental and physical incapacities, which are lesser in degree than psychological incapacity. Justice Caguioa explained that mental and physical incapacities are vices of consent while psychological incapacity is not a species of vice or consent. Dean Gupit read what Bishop Cruz said on the matter in the minutes of their February 9, 1984 meeting: "On the third ground, Bishop Cruz indicated that the phrase "psychological or mental impotence" is an invention of some churchmen who are moralists but not canonists, that is why it is considered a weak phrase. He said that the Code of Canon Law would rather express it as "psychological or mental incapacity to discharge . . ." Justice Caguioa remarked that they deleted the word "mental" precisely to distinguish it from vice of consent. He explained that "psychological incapacity" refers to lack of understanding of the essential obligations of marriage. Justice Puno reminded the members that, at the last meeting, they have decided not to go into the classification of "psychological incapacity" because there was a lot of debate on it and that this is precisely the reason why they classified it as a special case. At this point, Justice Puno, remarked that, since there having been annulments of marriages arising from psychological incapacity, Civil Law should not reconcile with Canon Law because it is a new ground even under Canon Law. Prof. Romero raised the question: With this common provision in Civil Law and in Canon Law, are they going to have a provision in the Family Code to the effect that marriages annulled or declared void by the church on the ground of psychological incapacity is automatically annulled in Civil Law? The other members replied negatively. Justice Puno and Prof. Romero inquired if Article 37 should be retroactive or prospective in application. Justice Diy opined that she was for its retroactivity because it is their answer to the problem of church annulments of marriages, which are still valid under the Civil Law. On the other hand, Justice Reyes and Justice Puno were concerned about the avalanche of cases.

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Dean Gupit suggested that they put the issue to a vote, which the Committee approved. The members voted as follows: (1) Justice Reyes, Justice Puno and Prof. Romero were for prospectivity. (2) Justice Caguioa, Judge Diy, Dean Gupit, Prof. Bautista and Director Eufemio were for retroactivity. (3) Prof. Baviera abstained. Justice Caguioa suggested that they put in the prescriptive period of ten years within which the action for declaration of nullity of the marriage should be filed in court. The Committee approved the suggestion. 7 It could well be that, in sum, the Family Code Revision Committee in ultimately deciding to adopt the provision with less specificity than expected, has in fact, so designed the law as to allow some resiliency in its application. Mme. Justice Alicia V. Sempio-Diy, a member of the Code Committee, has been quoted by Mr. Justice Josue N. Bellosillo in Salita vs. Hon. Magtolis (G.R. No. 106429, 13 June 1994); thus: 8 The Committee did not give any examples of psychological incapacity for fear that the giving of examples would limit the applicability of the provision under the principle of ejusdem generis. Rather, the Committee would like the judge to interpret the provision on a case-to-case basis, guided by experience, the findings of experts and researchers in psychological disciplines, and by decisions of church tribunals which, although not binding on the civil courts, may be given persuasive effect since the provision was taken from Canon Law. A part of the provision is similar to Canon 1095 of the New Code of Canon Law, 9 which reads: Canon 1095. They are incapable of contracting marriage: 1. who lack sufficient use of reason; 2. who suffer from a grave defect of discretion of judgment concerning essentila matrimonial rights and duties, to be given and accepted mutually; 3. who for causes of psychological nature are unable to assume the essential obligations of marriage. (Emphasis supplied.) Accordingly, although neither decisive nor even perhaps all that persuasive for having no juridical or secular effect, the jurisprudence under Canon Law prevailing at the time of the code's enactment, nevertheless, cannot be dismissed as impertinent for its value as an aid, at least, to the interpretation or construction of the codal provision. One author, Ladislas Orsy, S.J., in his treaties, 10 giving an account on how the third paragraph of Canon 1095 has been framed, states: The history of the drafting of this canon does not leave any doubt that the legislator intended, indeed, to broaden the rule. A strict and narrow norm was proposed first:

Those who cannot assume the essential obligations of marriage because of a grave psycho-sexual anomaly (ob gravem anomaliam psychosexualem) are unable to contract marriage (cf. SCH/1975, canon 297, a new canon, novus); then a broader one followed: . . . because of a grave psychological anomaly (ob gravem anomaliam psychicam) . . . (cf. SCH/1980, canon 1049); then the same wording was retained in the text submitted to the pope (cf. SCH/1982, canon 1095, 3); finally, a new version was promulgated: because of causes of a psychological nature (ob causas naturae psychiae). So the progress was from psycho-sexual to psychological anomaly, then the term anomaly was altogether eliminated. it would be, however, incorrect to draw the conclusion that the cause of the incapacity need not be some kind of psychological disorder; after all, normal and healthy person should be able to assume the ordinary obligations of marriage. Fr. Orsy concedes that the term "psychological incapacity" defies any precise definition since psychological causes can be of an infinite variety. In a book, entitled "Canons and Commentaries on Marriage," written by Ignatius Gramunt, Javier Hervada and LeRoy Wauck, the following explanation appears: This incapacity consists of the following: (a) a true inability to commit oneself to the essentials of marriage. Some psychosexual disorders and other disorders of personality can be the psychic cause of this defect, which is here described in legal terms. This particular type of incapacity consists of a real inability to render what is due by the contract. This could be compared to the incapacity of a farmer to enter a binding contract to deliver the crops which he cannot possibly reap; (b) this inability to commit oneself must refer to the essential obligations of marriage: the conjugal act, the community of life and love, the rendering of mutual help, the procreation and education of offspring; (c) the inability must be tantamount to a psychological abnormality. The mere difficulty of assuming these obligations, which could be overcome by normal effort, obviously does not constitute incapacity. The canon contemplates a true psychological disorder which incapacitates a person from giving what is due (cf. John Paul II, Address to R. Rota, Feb. 5, 1987). However, if the marriage is to be declared invalid under this incapacity, it must be proved not only that the person is afflicted by a psychological defect, but that the defect did in fact deprive the person, at the moment of giving consent, of the ability to assume the essential duties of marriage and consequently of the possibility of being bound by these duties.

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Justice Sempio-Diy 11 cites with approval the work of Dr. Gerardo Veloso, a former Presiding Judge of the Metropolitan Marriage Tribunal of the Catholic Archdiocese of Manila (Branch 1), who opines that psychological incapacity must be characterized by (a) gravity, (b) juridical antecedence, and (c) incurability. The incapacity must be grave or serious such that the party would be incapable of carrying out the ordinary duties required in marriage; it must be rooted in the history of the party antedating the marriage, although the overt manifestations may emerge only after the marriage; and it must be incurable or, even if it were otherwise, the cure would be beyond the means of the party involved. It should be obvious, looking at all the foregoing disquisitions, including, and most importantly, the deliberations of the Family Code Revision Committee itself, that the use of the phrase "psychological incapacity" under Article 36 of the Code has not been meant to comprehend all such possible cases of psychoses as, likewise mentioned by some ecclesiastical authorities, extremely low intelligence, immaturity, and like circumstances (cited in Fr. Artemio Baluma's "Void and Voidable Marriages in the Family Code and their Parallels in Canon Law," quoting from the Diagnostic Statistical Manual of Mental Disorder by the American Psychiatric Association; Edward Hudson's "Handbook II for Marriage Nullity Cases"). Article 36 of the Family Code cannot be taken and construed independently of, but must stand in conjunction with, existing precepts in our law on marriage. Thus correlated, "psychological incapacity" should refer to no less than a mental (not physical) incapacity that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage which, as so expressed by Article 68 of the Family Code, include their mutual obligations to live together, observe love, respect and fidelity and render help and support. There is hardly any doubt that the intendment of the law has been to confine the meaning of "psychological incapacity" to the most serious cases of personality disorders clearly demonstrative of an utter intensitivity or inability to give meaning and significance to the marriage. This pschologic condition must exist at the time the marriage is celebrated. The law does not evidently envision, upon the other hand, an inability of the spouse to have sexual relations with the other. This conclusion is implicit under Article 54 of the Family Code which considers children conceived prior to the judicial declaration of nullity of the void marriage to be "legitimate." The other forms of psychoses, if existing at the inception of marriage, like the state of a party being of unsound mind or concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism, merely renders the marriage contract voidable pursuant to Article 46, Family Code. If drug addiction, habitual alcholism, lesbianism or homosexuality should occur only during the marriage, they become mere grounds for legal separation under Article 55 of the Family Code. These provisions of the Code, however, do not necessarily preclude the possibility of these various circumstances being themselves, depending on the degree and severity of the disorder, indicia of psychological incapacity. Until further statutory and jurisprudential parameters are established, every circumstance that may have some bearing on the degree, extent, and other conditions of that incapacity must, in every case, be carefully examined and evaluated so that no precipitate and indiscriminate nullity is peremptorily decreed. The well-considered opinions of psychiatrists, psychologists, and persons with expertise in psychological disciplines might be helpful or even desirable. Marriage is not an adventure but a lifetime commitment. We should continue to be reminded that innate in our society, then enshrined in our Civil Code, and even now still indelible in Article 1 of the Family Code, is that Art. 1. Marriage is a special contract of permanent union between a man a woman entered into in accordance with law for the establishment of conjugal and family life. It is

the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. (Emphasis supplied.) Our Constitution is no less emphatic: Sec. 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development. Sec. 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State. (Article XV, 1987 Constitution). The above provisions express so well and so distinctly the basic nucleus of our laws on marriage and the family, and they are doubt the tenets we still hold on to. The factual settings in the case at bench, in no measure at all, can come close to the standards required to decree a nullity of marriage. Undeniably and understandably, Leouel stands aggrieved, even desperate, in his present situation. Regrettably, neither law nor society itself can always provide all the specific answers to every individual problem. WHEREFORE, the petition is DENIED. SO ORDERED.

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G.R. No. 119190 January 16, 1997 CHI MING TSOI, petitioner, vs. COURT OF APPEALS and GINA LAO-TSOI, respondents.

husband's examination was kept confidential up to this time. While no medicine was prescribed for her, the doctor prescribed medications for her husband which was also kept confidential. No treatment was given to her. For her husband, he was asked by the doctor to return but he never did. The plaintiff claims, that the defendant is impotent, a closet homosexual as he did not show his penis. She said, that she had observed the defendant using an eyebrow pencil and sometimes the cleansing cream of his mother. And that, according to her, the defendant married her, a Filipino citizen, to acquire or maintain his residency status here in the country and to publicly maintain the appearance of a normal man. The plaintiff is not willing to reconcile with her husband. On the other hand, it is the claim of the defendant that if their marriage shall be annulled by reason of psychological incapacity, the fault lies with his wife. But, he said that he does not want his marriage with his wife annulled for several reasons, viz: (1) that he loves her very much; (2) that he has no defect on his part and he is physically and psychologically capable; and, (3) since the relationship is still very young and if there is any differences between the two of them, it can still be reconciled and that, according to him, if either one of them has some incapabilities, there is no certainty that this will not be cured. He further claims, that if there is any defect, it can be cured by the intervention of medical technology or science. The defendant admitted that since their marriage on May 22, 1988, until their separation on March 15, 1989, there was no sexual contact between them. But, the reason for this, according to the defendant, was that everytime he wants to have sexual intercourse with his wife, she always avoided him and whenever he caresses her private parts, she always removed his hands. The defendant claims, that he forced his wife to have sex with him only once but he did not continue because she was shaking and she did not like it. So he stopped. There are two (2) reasons, according to the defendant , why the plaintiff filed this case against him, and these are: (1) that she is afraid that she will be forced to return the pieces of jewelry of his mother, and, (2) that her husband, the defendant, will consummate their marriage. The defendant insisted that their marriage will remain valid because they are still very young and there is still a chance to overcome their differences. The defendant submitted himself to a physical examination. His penis was examined by Dr. Sergio Alteza, Jr., for the purpose of finding out whether he is impotent . As a result thereof, Dr. Alteza submitted his Doctor's Medical Report. (Exh. "2"). It is stated there, that there is no evidence of impotency (Exh. "2-B"), and he is capable of erection. (Exh. "2-C") The doctor said, that he asked the defendant to masturbate to find out whether or not he has an erection and he found out that from the original size of two (2) inches, or five (5) centimeters, the penis of the defendant lengthened by one (1) inch and one centimeter. Dr. Alteza said, that the defendant had only a soft erection which is why his penis is not in its full length. But, still is capable of further erection, in that with his soft erection, the defendant is capable of having sexual intercourse with a woman.

TORRES, JR., J.: Man has not invented a reliable compass by which to steer a marriage in its journey over troubled waters. Laws are seemingly inadequate. Over time, much reliance has been placed in the works of the unseen hand of Him who created all things. Who is to blame when a marriage fails? This case was originally commenced by a distraught wife against her uncaring husband in the Regional Trial Court of Quezon City (Branch 89) which decreed the annulment of the marriage on the ground of psychological incapacity. Petitioner appealed the decision of the trial court to respondent Court of Appeals (CAG.R. CV No. 42758) which affirmed the Trial Court's decision November 29, 1994 and correspondingly denied the motion for reconsideration in a resolution dated February 14, 1995. The statement of the case and of the facts made by the trial court and reproduced by the Court of Appeals 1 its decision are as follows: From the evidence adduced, the following acts were preponderantly established: Sometime on May 22, 1988, the plaintiff married the defendant at the Manila Cathedral, . . . Intramuros Manila, as evidenced by their Marriage Contract. (Exh. "A") After the celebration of their marriage and wedding reception at the South Villa, Makati, they went and proceeded to the house of defendant's mother. There, they slept together on the same bed in the same room for the first night of their married life. It is the version of the plaintiff, that contrary to her expectations, that as newlyweds they were supposed to enjoy making love, or having sexual intercourse, with each other, the defendant just went to bed, slept on one side thereof, then turned his back and went to sleep . There was no sexual intercourse between them during the first night. The same thing happened on the second, third and fourth nights. In an effort to have their honeymoon in a private place where they can enjoy together during their first week as husband and wife, they went to Baguio City. But, they did so together with her mother, an uncle, his mother and his nephew. They were all invited by the defendant to join them. [T]hey stayed in Baguio City for four (4) days. But, during this period, there was no sexual intercourse between them, since the defendant avoided her by taking a long walk during siesta time or by just sleeping on a rocking chair located at the living room. They slept together in the same room and on the same bed since May 22, 1988 until March 15, 1989. But during this period, there was no attempt of sexual intercourse between them. [S]he claims, that she did not: even see her husband's private parts nor did he see hers. Because of this, they submitted themselves for medical examinations to Dr. Eufemio Macalalag, a urologist at the Chinese General Hospital, on January 20, 1989. The results of their physical examinations were that she is healthy, normal and still a virgin, while that of her

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In open Court, the Trial Prosecutor manifested that there is no collusion between the parties and that the evidence is not fabricated." 2 After trial, the court rendered judgment, the dispositive portion of which reads: ACCORDINGLY, judgment is hereby rendered declaring as VOID the marriage entered into by the plaintiff with the defendant on May 22, 1988 at the Manila Cathedral, Basilica of the Immaculate Conception, Intramuros, Manila, before the Rt. Rev. Msgr. Melencio de Vera. Without costs. Let a copy of this decision be furnished the Local Civil Registrar of Quezon City. Let another copy be furnished the Local Civil Registrar of Manila. SO ORDERED. On appeal, the Court of Appeals affirmed the trial court's decision. Hence, the instant petition. Petitioner alleges that the respondent Court of Appeals erred: I in affirming the conclusions of the lower court that there was no sexual intercourse between the parties without making any findings of fact. II in holding that the refusal of private respondent to have sexual communion with petitioner is a psychological incapacity inasmuch as proof thereof is totally absent. III in holding that the alleged refusal of both the petitioner and the private respondent to have sex with each other constitutes psychological incapacity of both. IV in affirming the annulment of the marriage between the parties decreed by the lower court without fully satisfying itself that there was no collusion between them. We find the petition to be bereft of merit. Petitioner contends that being the plaintiff in Civil Case No. Q-893141, private respondent has the burden of proving the allegations in her complaint; that since there was no independent evidence to prove the alleged non-coitus between the parties, there remains no other basis for the court's conclusion except the admission of petitioner; that public policy should aid acts intended to validate marriage and should retard acts intended to invalidate them; that the conclusion drawn by the trial court on the admissions and confessions of the parties in their pleadings and in the course of the trial is misplaced since it could have been a product of collusion; and that in actions for annulment of marriage, the material facts alleged in the complaint shall always be proved. 3 Section 1, Rule 19 of the Rules of Court reads: Section 1. Judgment on the pleadings. Where an answer fails to tender an issue, or otherwise admits the material allegations of the adverse party's pleading, the court may, on motion of that party, direct judgment on such pleading. But in actions for annulment of marriage

or for legal separation the material facts alleged in the complaint shall always be proved. The foregoing provision pertains to a judgment on the pleadings. What said provision seeks to prevent is annulment of marriage without trial. The assailed decision was not based on such a judgment on the pleadings. When private respondent testified under oath before the trial court and was cross-examined by oath before the trial court and was cross-examined by the adverse party, she thereby presented evidence in form of a testimony. After such evidence was presented, it be came incumbent upon petitioner to present his side. He admitted that since their marriage on May 22, 1988, until their separation on March 15, 1989, there was no sexual intercourse between them. To prevent collusion between the parties is the reason why, as stated by the petitioner, the Civil Code provides that no judgment annulling a marriage shall be promulgated upon a stipulation of facts or by confession of judgment (Arts. 88 and 101[par. 2]) and the Rules of Court prohibit such annulment without trial (Sec. 1, Rule 19). The case has reached this Court because petitioner does not want their marriage to be annulled. This only shows that there is no collusion between the parties. When petitioner admitted that he and his wife (private respondent) have never had sexual contact with each other, he must have been only telling the truth. We are reproducing the relevant portion of the challenged resolution denying petitioner's Motion for Reconsideration, penned with magisterial lucidity by Associate Justice Minerva GonzagaReyes, viz: The judgment of the trial court which was affirmed by this Court is not based on a stipulation of facts. The issue of whether or not the appellant is psychologically incapacitated to discharge a basic marital obligation was resolved upon a review of both the documentary and testimonial evidence on record. Appellant admitted that he did not have sexual relations with his wife after almost ten months of cohabitation, and it appears that he is not suffering from any physical disability. Such abnormal reluctance or unwillingness to consummate his marriage is strongly indicative of a serious personality disorder which to the mind of this Court clearly demonstrates an 'utter insensitivity or inability to give meaning and significance to the marriage' within the meaning of Article 36 of the Family Code (See Santos vs. Court of Appeals, G.R. No. 112019, January 4, 1995). 4 Petitioner further contends that respondent court erred in holding that the alleged refusal of both the petitioner and the private respondent to have sex with each other constitutes psychological incapacity of both. He points out as error the failure of the trial court to make "a categorical finding about the alleged psychological incapacity and an in-depth analysis of the reasons for such refusal which may not be necessarily due to physchological disorders" because there might have been other reasons, i.e., physical disorders, such as aches, pains or other discomforts, why private respondent would not want to have sexual intercourse from May 22, 1988 to March 15, 1989, in a short span of 10 months. First, it must be stated that neither the trial court nor the respondent court made a finding on who between petitioner and private respondent refuses to have sexual contact with the other. The fact remains, however, that there has never been coitus between them. At any rate, since the action to declare the marriage void may be filed by either party, i.e., even the psychologically incapacitated, the question of who refuses to have sex with the other becomes immaterial. Petitioner claims that there is no independent evidence on record to show that any of the parties is suffering from phychological incapacity. Petitioner also claims that he wanted to have sex with private respondent; that the reason for private respondent's

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refusal may not be psychological but physical disorder as stated above. We do not agree. Assuming it to be so, petitioner could have discussed with private respondent or asked her what is ailing her, and why she balks and avoids him everytime he wanted to have sexual intercourse with her. He never did. At least, there is nothing in the record to show that he had tried to find out or discover what the problem with his wife could be. What he presented in evidence is his doctor's Medical Report that there is no evidence of his impotency and he is capable of erection. 5 Since it is petitioner's claim that the reason is not psychological but perhaps physical disorder on the part of private respondent, it became incumbent upon him to prove such a claim. If a spouse, although physically capable but simply refuses to perform his or her essential marriage obligations, and the refusal is senseless and constant, Catholic marriage tribunals attribute the causes to psychological incapacity than to stubborn refusal. Senseless and protracted refusal is equivalent to psychological incapacity. Thus, the prolonged refusal of a spouse to have sexual intercourse with his or her spouse is considered a sign of psychological incapacity. 6 Evidently, one of the essential marital obligations under the Family Code is "To procreate children based on the universal principle that procreation of children through sexual cooperation is the basic end of marriage." Constant non- fulfillment of this obligation will finally destroy the integrity or wholeness of the marriage. In the case at bar, the senseless and protracted refusal of one of the parties to fulfill the above marital obligation is equivalent to psychological incapacity. As aptly stated by the respondent court, An examination of the evidence convinces Us that the husband's plea that the wife did not want carnal intercourse with him does not inspire belief. Since he was not physically impotent, but he refrained from sexual intercourse during the entire time (from May 22, 1988 to March 15, 1989) that he occupied the same bed with his wife, purely out of symphaty for her feelings, he deserves to be doubted for not having asserted his right seven though she balked (Tompkins vs. Tompkins, 111 Atl. 599, cited in I Paras, Civil Code, at p. 330). Besides, if it were true that it is the wife was suffering from incapacity, the fact that defendant did not go to court and seek the declaration of nullity weakens his claim. This case was instituted by the wife whose normal expectations of her marriage were frustrated by her husband's inadequacy. Considering the innate modesty of the Filipino woman, it is hard to believe that she would expose her private life to public scrutiny and fabricate testimony against her husband if it were not necessary to put her life in order and put to rest her marital status. We are not impressed by defendant's claim that what the evidence proved is the unwillingness or lack of intention to perform the sexual act, which is not phychological incapacity, and which can be achieved "through proper motivation." After almost ten months of cohabitation, the admission that the husband is reluctant or unwilling to perform the sexual act with his wife whom he professes to love very dearly, and who has not posed any insurmountable resistance to his alleged approaches, is indicative of a hopeless situation, and of a serious personality disorder that constitutes psychological incapacity to discharge the basic marital covenants within the contemplation of the Family Code. 7 While the law provides that the husband and the wife are obliged to live together, observe mutual love, respect and fidelity (Art. 68, Family Code), the sanction therefor is actually the "spontaneous, mutual affection between husband and wife and not any legal

mandate or court order" (Cuaderno vs. Cuaderno 120 Phil. 1298). Love is useless unless it is shared with another. Indeed, no man is an island, the cruelest act of a partner in marriage is to say "I could not have cared less." This is so because an ungiven self is an unfulfilled self. The egoist has nothing but himself. In the natural order, it is sexual intimacy which brings spouses wholeness and oneness. Sexual intimacy is a gift and a participation in the mystery of creation. It is a function which enlivens the hope of procreation and ensures the continuation of family relations. It appears that there is absence of empathy between petitioner and private respondent. That is a shared feeling which between husband and wife must be experienced not only by having spontaneous sexual intimacy but a deep sense of spiritual communion. Marital union is a two-way process. An expressive interest in each other's feelings at a time it is needed by the other can go a long way in deepening the marital relationship. Marriage is definitely not for children but for two consenting adults who view the relationship with love amor gignit amorem, respect, sacrifice and a continuing commitment to compromise, conscious of its value as a sublime social institution. This Court, finding the gravity of the failed relationship in which the parties found themselves trapped in its mire of unfulfilled vows and unconsummated marital obligations, can do no less but sustain the studied judgment of respondent appellate court. IN VIEW OF THE FOREGOING PREMISES , the assailed decision of the Court of Appeals dated November 29, 1994 is hereby AFFIRMED in all respects and the petition is hereby DENIED for lack of merit. SO ORDERED.

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G.R. No. 108763 February 13, 1997 REPUBLIC OF THE PHILIPPINES, vs. COURT OF APPEALS and RORIDEL OLAVIANO MOLINA, respondents. PANGANIBAN, J.: The Family Code of the Philippines provides an entirely new ground (in addition to those enumerated in the Civil Code) to assail the validity of a marriage, namely, "psychological incapacity." Since the Code's effectivity, our courts have been swamped with various petitions to declare marriages void based on this ground. Although this Court had interpreted the meaning of psychological incapacity in the recent case of Santos vs. Court of Appeals, still many judges and lawyers find difficulty in applying said novel provision in specific cases. In the present case and in the context of the herein assailed Decision of the Court of Appeals, the Solicitor General has labelled exaggerated to be sure but nonetheless expressive of his frustration Article 36 as the "most liberal divorce procedure in the world." Hence, this Court in addition to resolving the present case, finds the need to lay down specific guidelines in the interpretation and application of Article 36 of the Family Code. Before us is a petition for review on certiorari under Rule 45 challenging the January 25, 1993 Decision1 of the Court of Appeals 2 in CA-G.R. CV No. 34858 affirming in toto the May 14, 1991 decision of the Regional Trial Court of La Trinidad, 3 Benguet, which declared the marriage of respondent Roridel Olaviano Molina to Reynaldo Molina void ab initio, on the ground of "psychological incapacity" under Article 36 of the Family Code. The Facts This case was commenced on August 16, 1990 with the filing by respondent Roridel O. Molina of a verified petition for declaration of nullity of her marriage to Reynaldo Molina. Essentially, the petition alleged that Roridel and Reynaldo were married on April 14, 1985 at the San Agustin Church 4 in Manila; that a son, Andre O. Molina was born; that after a year of marriage, Reynaldo showed signs of "immaturity and irresponsibility" as a husband and a father since he preferred to spend more time with his peers and friends on whom he squandered his money; that he depended on his parents for aid and assistance, and was never honest with his wife in regard to their finances, resulting in frequent quarrels between them; that sometime in February 1986, Reynaldo was relieved of his job in Manila, and since then Roridel had been the sole breadwinner of the family; that in October 1986 the couple had a very intense quarrel, as a result of which their relationship was estranged; that in March 1987, Roridel resigned from her job in Manila and went to live with her parents in Baguio City; that a few weeks later, Reynaldo left Roridel and their child, and had since then abandoned them; that Reynaldo had thus shown that he was psychologically incapable of complying with essential marital obligations and was a highly immature and habitually quarrel some individual who thought of himself as a king to be served; and that it would be to the couple's best interest to have their marriage declared null and void in order to free them from what appeared to be an incompatible marriage from the start. In his Answer filed on August 28, 1989, Reynaldo admitted that he and Roridel could no longer live together as husband and wife, but contended that their misunderstandings and frequent quarrels were due to (1) Roridel's strange behavior of insisting on maintaining her group of friends even after their marriage; (2) Roridel's refusal to perform some of her marital duties such as cooking meals; and (3) Roridel's failure to run the household and handle their finances. During the pre-trial on October 17, 1990, the following were stipulated: 1. That the parties herein were legally married on April 14, 1985 at the Church of St. Augustine, Manila;

2. That out of their marriage, a child named Albert Andre Olaviano Molina was born on July 29, 1986; 3. That the parties are separated-in-fact for more than three years; 4. That petitioner is not asking support for her and her child; 5. That the respondent is not asking for damages; 6. That the common child of the parties is in the custody of the petitioner wife. Evidence for herein respondent wife consisted of her own testimony and that of her friends Rosemarie Ventura and Maria Leonora Padilla as well as of Ruth G. Lalas, a social worker, and of Dr. Teresita Hidalgo-Sison, a psychiatrist of the Baguio General Hospital and Medical Center. She also submitted documents marked as Exhibits "A" to "E-1." Reynaldo did not present any evidence as he appeared only during the pre-trial conference. On May 14, 1991, the trial court rendered judgment declaring the marriage void. The appeal of petitioner was denied by the Court of Appeals which affirmed in toto the RTC's decision. Hence, the present recourse. The Issue In his petition, the Solicitor General insists that "the Court of Appeals made an erroneous and incorrect interpretation of the phrase 'psychological incapacity' (as provided under Art. 36 of the Family Code) and made an incorrect application thereof to the facts of the case," adding that the appealed Decision tended "to establish in effect the most liberal divorce procedure in the world which is anathema to our culture." In denying the Solicitor General's appeal, the respondent Court relied 5 heavily on the trial court's findings "that the marriage between the parties broke up because of their opposing and conflicting personalities." Then, it added it sown opinion that "the Civil Code Revision Committee (hereinafter referred to as Committee) intended to liberalize the application of our civil laws on personal and family rights. . . ." It concluded that: As ground for annulment of marriage, We view psychologically incapacity as a broad range of mental and behavioral conduct on the part of one spouse indicative of how he or she regards the marital union, his or her personal relationship with the other spouse, as well as his or her conduct in the long haul for the attainment of the principal objectives of marriage. If said conduct, observed and considered as a whole, tends to cause the union to self-destruct because it defeats the very objectives of marriage, then there is enough reason to leave the spouses to their individual fates. In the case at bar, We find that the trial judge committed no indiscretion in analyzing and deciding the instant case, as it did, hence, We find no cogent reason to disturb the findings and conclusions thus made. Respondent, in her Memorandum, adopts these discussions of the Court of Appeals. The petitioner, on the other hand, argues that "opposing and conflicting personalities" is not equivalent to psychological incapacity, explaining that such ground "is not simply the neglect by the parties to the marriage of their responsibilities

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and duties, but a defect in their psychological nature which renders them incapable of performing such marital responsibilities and duties." The Court's Ruling The petition is meritorious. In Leouel Santos vs. Court of Appeals 6 this Court, speaking thru Mr. Justice Jose C. Vitug, ruled that "psychological incapacity should refer to no less than a mental (nor physical) incapacity . . . and that (t)here is hardly any doubt that the intendment of the law has been to confine the meaning of 'psychological incapacity' to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage. This psychologic condition must exist at the time the marriage is celebrated." Citing Dr. Gerardo Veloso, a former presiding judge of the Metropolitan Marriage Tribunal of the Catholic Archdiocese of Manila, 7 Justice Vitug wrote that "the psychological incapacity must be characterized by (a) gravity, (b) juridical antecedence, and (c) incurability." On the other hand, in the present case, there is no clear showing to us that the psychological defect spoken of is an incapacity. It appears to us to be more of a "difficulty," if not outright "refusal" or "neglect" in the performance of some marital obligations. Mere showing of "irreconciliable differences" and "conflicting personalities" in no wise constitutes psychological incapacity. It is not enough to prove that the parties failed to meet their responsibilities and duties as married persons; it is essential that they must be shown to be incapable of doing so, due to some psychological (nor physical) illness. The evidence adduced by respondent merely showed that she and her husband could nor get along with each other. There had been no showing of the gravity of the problem; neither its juridical antecedence nor its incurability. The expert testimony of Dr. Sison showed no incurable psychiatric disorder but only incompatibility, not psychological incapacity. Dr. Sison testified: 8 COURT Q It is therefore the recommendation of the psychiatrist based on your findings that it is better for the Court to annul (sic) the marriage? A Yes, Your Honor. Q There is no hope for the marriage? A There is no hope, the man is also living with another woman. Q Is it also the stand of the psychiatrist that the parties are psychologically unfit for each other but they are psychologically fit with other parties? A Yes, Your Honor. Q Neither are they psychologically unfit for their professions? A Yes, Your Honor.

The Court has no more questions. In the case of Reynaldo, there is no showing that his alleged personality traits were constitutive of psychological incapacity existing at the time of marriage celebration. While some effort was made to prove that there was a failure to fulfill pre-nuptial impressions of "thoughtfulness and gentleness" on Reynaldo's part of being "conservative, homely and intelligent" on the part of Roridel, such failure of expectation is nor indicative of antecedent psychological incapacity. If at all, it merely shows love's temporary blindness to the faults and blemishes of the beloved. During its deliberations, the Court decided to go beyond merely ruling on the facts of this case vis-a-vis existing law and jurisprudence. In view of the novelty of Art. 36 of the Family Code and the difficulty experienced by many trial courts interpreting and applying it, the Court decided to invite two amici curiae, namely, the Most Reverend Oscar V. Cruz, 9 Vicar Judicial (Presiding Judge) of the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, and Justice Ricardo C. Puno,10 a member of the Family Code Revision Committee. The Court takes this occasion to thank these friends of the Court for their informative and interesting discussions during the oral argument on December 3, 1996, which they followed up with written memoranda. From their submissions and the Court's own deliberations, the following guidelines in the interpretation and application of Art. 36 of the Family Code are hereby handed down for the guidance of the bench and the bar: (1) The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity. This is rooted in the fact that both our Constitution and our laws cherish the validity of marriage and unity of the family. Thus, our Constitution devotes an entire Article on the Family, 11 recognizing it "as the foundation of the nation." It decrees marriage as legally "inviolable," thereby protecting it from dissolution at the whim of the parties. Both the family and marriage are to be "protected" by the state. The Family Code 12 echoes this constitutional edict on marriage and the family and emphasizes thepermanence, inviolability and solidarity (2) The root cause of the psychological incapacity must be (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision. Article 36 of the Family Code requires that the incapacity must be psychological not physical. although its manifestations and/or symptoms may be physical. The evidence must convince the court that the parties, or one of them, was mentally or physically ill to such an extent that the person could not have known the obligations he was assuming, or knowing them, could not have given valid assumption thereof. Although no example of such incapacity need be given here so as not to limit the application of the provision under the principle of ejusdem generis, 13 nevertheless such root cause must be identified as a psychological illness and its incapacitating nature explained. Expert evidence may be given qualified psychiatrist and clinical psychologists. (3) The incapacity must be proven to be existing at "the time of the celebration" of the marriage. The evidence must show that the illness was existing when the parties exchanged their "I do's." The manifestation of the illness need not be perceivable at such time, but the illness itself must have attached at such moment, or prior thereto. (4) Such incapacity must also be shown to be medically or clinically permanent or incurable. Such incurability may be absolute or even relative only in regard to the other spouse, not necessarily absolutely against everyone of the same sex. Furthermore, such incapacity must be relevant to the assumption

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of marriage obligations, not necessarily to those not related to marriage, like the exercise of a profession or employment in a job. Hence, a pediatrician may be effective in diagnosing illnesses of children and prescribing medicine to cure them but may not be psychologically capacitated to procreate, bear and raise his/her own children as an essential obligation of marriage. (5) Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage. Thus, "mild characteriological peculiarities, mood changes, occasional emotional outbursts" cannot be accepted as root causes. The illness must be shown as downright incapacity or inability, nor a refusal, neglect or difficulty, much less ill will. In other words, there is a natal or supervening disabling factor in the person, an adverse integral element in the personality structure that effectively incapacitates the person from really accepting and thereby complying with the obligations essential to marriage. (6) The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the same Code in regard to parents and their children. Such non-complied marital obligation(s) must also be stated in the petition, proven by evidence and included in the text of the decision. (7) Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts. It is clear that Article 36 was taken by the Family Code Revision Committee from Canon 1095 of the New Code of Canon Law, which became effective in 1983 and which provides: The following are incapable of contracting marriage: Those who are unable to assume the essential obligations of marriage due to causes of psychological nature. 14 Since the purpose of including such provision in our Family Code is to harmonize our civil laws with the religious faith of our people, it stands to reason that to achieve such harmonization, great persuasive weight should be given to decision of such appellate tribunal. Ideally subject to our law on evidence what is decreed as canonically invalid should also be decreed civilly void. This is one instance where, in view of the evident source and purpose of the Family Code provision, contemporaneous religious interpretation is to be given persuasive effect. Here, the State and the Church while remaining independent, separate and apart from each other shall walk together in synodal cadence towards the same goal of protecting and cherishing marriage and the family as the inviolable base of the nation. (8) The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state. No decision shall he handed down unless the Solicitor General issues a certification, which will be quoted in the decision, briefly staring therein his reasons for his agreement or opposition, as the case may be, to the petition. The Solicitor General, along with the prosecuting attorney, shall submit to the court such certification within fifteen (15) days from the date the case is deemed submitted for resolution of the court. The Solicitor General shall discharge the equivalent function of the defensor vinculi contemplated under Canon 1095. In the instant case and applying Leouel Santos, we have already ruled to grant the petition. Such ruling becomes even more cogent with the use of the foregoing guidelines. WHEREFORE, the petition is GRANTED. The assailed Decision is REVERSED and SET ASIDE. The marriage of Roridel Olaviano to Reynaldo Molina subsists and remains valid. SO ORDERED.

G.R. No. 136490

October 19, 2000

BRENDA B. MARCOS, petitioner, vs. WILSON G. MARCOS, respondent. DECISION PANGANIBAN, J.: Psychological incapacity, as a ground for declaring the nullity of a marriage, may be established by the totality of evidence presented. There is no requirement, however, that the respondent should be examined by a physician or a psychologist as a conditio sine qua non for such declaration. The Case Before us is a Petition for Review on Certiorari under Rule 45 of the Rules of Court, assailing the July 24, 1998 Decision1 of the Court of Appeals (CA) in CA-GR CV No. 55588, which disposed as follows: "WHEREFORE, the contested decision is set aside and the marriage between the parties is hereby declared valid."2 Also challenged by petitioner is the December 3, 1998 CA Resolution denying her Motion for Reconsideration. Earlier, the Regional Trial Court (RTC) had ruled thus: "WHEREFORE, the marriage between petitioner Brenda B. Marcos and respondent Wilson G. Marcos, solemnized on September 6, 1982 in Pasig City is declared null and void ab initio pursuant to Art. 36 of the Family Code. The conjugal properties, if any, is dissolved [sic] in accordance with Articles 126 and 129 of the same Code in relation to Articles 50, 51 and 52 relative to the delivery of the legitime of [the] parties' children. In the best interest and welfare of the minor children, their custody is granted to petitioner subject to the visitation rights of respondent. "Upon finality of this Decision, furnish copy each to the Office of the Civil Registrar of Pasig City where the marriage was solemnized, the National Census and Statistics Office, Manila and the Register of Deeds of Mandaluyong City for their appropriate action consistent with this Decision. "SO ORDERED." The Facts The facts as found by the Court of Appeals are as follows: "It was established during the trial that the parties were married twice: (1) on September 6, 1982 which was solemnized by Judge Eriberto H. Espiritu at the Municipal Court of Pasig (Exh. A); and (2) on May 8, 1983 which was solemnized by Rev. Eduardo L. Eleazar, Command Chaplain, at the Presidential Security Command Chapel in Malacaang Park, Manila (Exh. A-1). Out of their marriage, five (5) children were born (Exhs. B, C, D, E and F). "Appellant Wilson G. Marcos joined the Armed Forces of the Philippines in 1973. Later on, he was transferred to the Presidential Security Command in Malacaang during the Marcos Regime. Appellee Brenda B. Marcos, on the other hand, joined the Women's Auxilliary Corps under the Philippine Air Force in 1978. After the Edsa Revolution, both of them sought a discharge from the military service. "They first met sometime in 1980 when both of them were assigned at the Malacaang Palace, she as an escort of Imee

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Marcos and he as a Presidential Guard of President Ferdinand Marcos. Through telephone conversations, they became acquainted and eventually became sweethearts. "After their marriage on September 6, 1982, they resided at No. 1702 Daisy Street, Hulo Bliss, Mandaluyong, a housing unit which she acquired from the Bliss Development Corporation when she was still single. "After the downfall of President Marcos, he left the military service in 1987 and then engaged in different business ventures that did not however prosper. As a wife, she always urged him to look for work so that their children would see him, instead of her, as the head of the family and a good provider. Due to his failure to engage in any gainful employment, they would often quarrel and as a consequence, he would hit and beat her. He would even force her to have sex with him despite her weariness. He would also inflict physical harm on their children for a slight mistake and was so severe in the way he chastised them. Thus, for several times during their cohabitation, he would leave their house. In 1992, they were already living separately. "All the while, she was engrossed in the business of selling "magic uling" and chickens. While she was still in the military, she would first make deliveries early in the morning before going to Malacaang. When she was discharged from the military service, she concentrated on her business. Then, she became a supplier in the Armed Forces of the Philippines until she was able to put up a trading and construction company, NS Ness Trading and Construction Development Corporation. "The 'straw that broke the camel's back' took place on October 16, 1994, when they had a bitter quarrel. As they were already living separately, she did not want him to stay in their house anymore. On that day, when she saw him in their house, she was so angry that she lambasted him. He then turned violent, inflicting physical harm on her and even on her mother who came to her aid. The following day, October 17, 1994, she and their children left the house and sought refuge in her sister's house. "On October 19, 1994, she submitted herself [to] medical examination at the Mandaluyong Medical Center where her injuries were diagnosed as contusions (Exh. G, Records, 153). "Sometime in August 1995, she together with her two sisters and driver, went to him at the Bliss unit in Mandaluyong to look for their missing child, Niko. Upon seeing them, he got mad. After knowing the reason for their unexpected presence, he ran after them with a samurai and even [beat] her driver. "At the time of the filing of this case, she and their children were renting a house in Camella, Paraaque, while the appellant was residing at the Bliss unit in Mandaluyong. "In the case study conducted by Social Worker Sonia C. Millan, the children described their father as cruel and physically abusive to them (Exh. UU, Records, pp. 85-100). "The appellee submitted herself to psychologist Natividad A. Dayan, Ph.D., for psychological evaluation (Exh. YY, Records, pp. 207-216), while the appellant on the other hand, did not. "The court a quo found the appellant to be psychologically incapacitated to perform his marital obligations mainly because of his failure to find work to support his family and his violent attitude towards appellee and their children, x x x."3 Ruling of the Court of Appeals Reversing the RTC, the CA held that psychological incapacity had not been established by the totality of the evidence presented. It ratiocinated in this wise:

"Essential in a petition for annulment is the allegation of the root cause of the spouse's psychological incapacity which should also be medically or clinically identified, sufficiently proven by experts and clearly explained in the decision. The incapacity must be proven to be existing at the time of the celebration of the marriage and shown to be medically or clinically permanent or incurable. It must also be grave enough to bring about the disability of the parties to assume the essential obligations of marriage as set forth in Articles 68 to 71 and Articles 220 to 225 of the Family Code and such non-complied marital obligations must similarly be alleged in the petition, established by evidence and explained in the decision. "In the case before us, the appellant was not subjected to any psychological or psychiatric evaluation. The psychological findings about the appellant by psychiatrist Natividad Dayan were based only on the interviews conducted with the appellee. Expert evidence by qualified psychiatrists and clinical psychologists is essential if only to prove that the parties were or any one of them was mentally or psychically ill to be truly incognitive of the marital obligations he or she was assuming, or as would make him or her x x x unable to assume them. In fact, he offered testimonial evidence to show that he [was] not psychologically incapacitated. The root cause of his supposed incapacity was not alleged in the petition, nor medically or clinically identified as a psychological illness or sufficiently proven by an expert. Similarly, there is no evidence at all that would show that the appellant was suffering from an incapacity which [was] psychological or mental - not physical to the extent that he could not have known the obligations he was assuming: that the incapacity [was] grave, ha[d] preceded the marriage and [was] incurable."4 Hence, this Petition.5 Issues In her Memorandum,6 petitioner presents for this Court's consideration the following issues: "I. Whether or not the Honorable Court of Appeals could set aside the findings by the Regional Trial Court of psychological incapacity of a respondent in a Petition for declaration of nullity of marriage simply because the respondent did not subject himself to psychological evaluation. II. Whether or not the totality of evidence presented and the demeanor of all the witnesses should be the basis of the determination of the merits of the Petition."7 The Court's Ruling We agree with petitioner that the personal medical or psychological examination of respondent is not a requirement for a declaration of psychological incapacity. Nevertheless, the totality of the evidence she presented does not show such incapacity. Preliminary Issue: Need for Personal Medical Examination Petitioner contends that the testimonies and the results of various tests that were submitted to determine respondent's psychological incapacity to perform the obligations of marriage should not have been brushed aside by the Court of Appeals, simply because respondent had not taken those tests himself. Petitioner adds that the CA should have realized that under the circumstances, she had no choice but to rely on other sources of information in order to determine the psychological capacity of respondent, who had refused to submit himself to such tests. In Republic v. CA and Molina,8 the guidelines governing the application and the interpretation of psychological incapacity referred to in Article 36 of the Family Code9 were laid down by this Court as follows:

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"1) The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity. This is rooted in the fact that both our Constitution and our laws cherish the validity of marriage and unity of the family. Thus, our Constitution devotes an entire Article on the Family, recognizing it 'as the foundation of the nation.' It decrees marriage as legally 'inviolable,' thereby protecting it from dissolution at the whim of the parties. Both the family and marriage are to be 'protected' by the state. xxx xxx xxx

must also be stated in the petition, proven by evidence and included in the text of the decision. 7) Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts. xxx xxx xxx

2) The root cause of the psychological incapacity must be: (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision. Article 36 of the Family Code requires that the incapacity must be psychological - not physical, although its manifestations and/or symptoms may be physical. The evidence must convince the court that the parties, or one of them, was mentally or psychically ill to such an extent that the person could not have known the obligations he was assuming, or knowing them, could not have given valid assumption thereof. Although no example of such incapacity need be given here so as not to limit the application of the provision under the principle ofejusdem generis, nevertheless such root cause must be identified as a psychological illness and its incapacitating nature fully explained. Expert evidence may be given by qualified psychiatrists and clinical psychologists. 3) The incapacity must be proven to be existing at 'the time of the celebration' of the marriage. The evidence must show that the illness was existing when the parties exchanged their 'I do's.' The manifestation of the illness need not be perceivable at such time, but the illness itself must have attached at such moment, or prior thereto. 4) Such incapacity must also be shown to be medically or clinically permanent or incurable. Such incurability may be absolute or even relative only in regard to the other spouse, not necessarily absolutely against everyone of the same sex. Furthermore, such incapacity must be relevant to the assumption of marriage obligations, not necessarily to those not related to marriage, like the exercise of a profession or employment in a job. Hence, a pediatrician may be effective in diagnosing illnesses of children and prescribing medicine to cure them but not be psychologically capacitated to procreate, bear and raise his/her own children as an essential obligation of marriage. 5) Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage. Thus, 'mild characteriological peculiarities, mood changes, occasional emotional outbursts cannot be accepted as root causes. The illness must be shown as downright incapacity or inability, not a refusal, neglect or difficulty, much less ill will. In other words, there is a natal or supervening disabling factor in the person, an adverse integral element in the personality structure that effectively incapacitates the person from really accepting and thereby complying with the obligations essential to marriage. 6) The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the same Code in regard to parents and their children. Such non-complied marital obligation(s)

(8) The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state. No decision shall be handed down unless the Solicitor General issues a certification, which will be quoted in the decision, briefly stating therein his reasons for his agreement or opposition, as the case may be, to the petition. The Solicitor General, along with the prosecuting attorney, shall submit to the court such certification within fifteen (15) days from the date the case is deemed submitted for resolution of the court. The Solicitor General shall discharge the equivalent function of the defensor vinculicontemplated under Canon 1095."10 The guidelines incorporate the three basic requirements earlier mandated by the Court in Santos v. Court of Appeals:11 "psychological incapacity must be characterized by (a) gravity (b) juridical antecedence, and (c) incurability." The foregoing guidelines do not require that a physician examine the person to be declared psychologically incapacitated. In fact, the root cause may be "medically or clinically identified." What is important is the presence of evidence that can adequately establish the party's psychological condition. For indeed, if the totality of evidence presented is enough to sustain a finding of psychological incapacity, then actual medical examination of the person concerned need not be resorted to. Main Issue: Totality of Evidence Presented The main question, then, is whether the totality of the evidence presented in the present case -- including the testimonies of petitioner, the common children, petitioner's sister and the social worker -- was enough to sustain a finding that respondent was psychologically incapacitated. We rule in the negative. Although this Court is sufficiently convinced that respondent failed to provide material support to the family and may have resorted to physical abuse and abandonment, the totality of his acts does not lead to a conclusion of psychological incapacity on his part. There is absolutely no showing that his "defects" were already present at the inception of the marriage or that they are incurable. Verily, the behavior of respondent can be attributed to the fact that he had lost his job and was not gainfully employed for a period of more than six years. It was during this period that he became intermittently drunk, failed to give material and moral support, and even left the family home. Thus, his alleged psychological illness was traced only to said period and not to the inception of the marriage. Equally important, there is no evidence showing that his condition is incurable, especially now that he is gainfully employed as a taxi driver.1wphi1 Article 36 of the Family Code, we stress, is not to be confused with a divorce law that cuts the marital bond at the time the causes therefor manifest themselves. It refers to a serious psychological illness afflicting a party even before the celebration of the marriage. It is a malady so grave and so permanent as to deprive one of awareness of the duties and responsibilities of the matrimonial bond one is about to assume. These marital obligations are those provided under Articles 68 to 71, 220, 221 and 225 of the Family Code.

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Neither is Article 36 to be equated with legal separation, in which the grounds need not be rooted in psychological incapacity but on physical violence, moral pressure, moral corruption, civil interdiction, drug addiction, habitual alcoholism, sexual infidelity, abandonment and the like.12 At best, the evidence presented by petitioner refers only to grounds for legal separation, not for declaring a marriage void. Because Article 36 has been abused as a convenient divorce law, this Court laid down the procedural requirements for its invocation in Molina. Petitioner, however, has not faithfully observed them. In sum, this Court cannot declare the dissolution of the marriage for failure of petitioner to show that the alleged psychological incapacity is characterized by gravity, juridical antecedence and incurability; and for her failure to observe the guidelines outlined in Molina. WHEREFORE, the Petition is DENIED and assailed Decision AFFIRMED, except that portion requiring personal medical examination as a conditio sine qua non to a finding of psychological incapacity. No costs. SO ORDERED.

G.R. No. 126010 December 8, 1999 LUCITA ESTRELLA HERNANDEZ, petitioner, vs. COURT OF APPEALS and MARIO C. HERNANDEZ, respondents.

MENDOZA, J.: This is a petition for review on certiorari of the decision 1 of the Court of Appeals, dated January 30, 1996, affirming the decision of the Regional Trial Court, Branch 18, Tagaytay City, dated April 10, 1993, which dismissed the petition for annulment of marriage filed by petitioner. Petitioner Lucita Estrella Hernandez and private respondent Mario C. Hernandez were married at the Silang Catholic Parish Church in Silang, Cavite on January 1, 1981 (Exh. A). 2 Three children were born to them, namely, Maie, who was born on May 3, 1982 (Exh. B), 3 Lyra, born on May 22, 1985 (Exh. C), 4 and Marian, born on June 15, 1989 (Exh. D). 5 On July 10, 1992, petitioner filed before the Regional Trial Court, Branch 18, Tagaytay City, a petition seeking the annulment of her marriage to private respondent on the ground of psychological incapacity of the latter. She alleged that from the time of their marriage up to the time of the filing of the suit, private respondent failed to perform his obligation to support the family and contribute to the management of the household, devoting most of his time engaging in drinking sprees with his friends. She further claimed that private respondent, after they were married, cohabited with another woman with whom he had an illegitimate child, while having affairs with different women, and that, because of his promiscuity, private respondent endangered her health by infecting her with a sexually transmissible disease (STD). She averred that private respondent was irresponsible, immature and unprepared for the duties of a married life. Petitioner prayed that for having abandoned the family, private respondent be ordered to give support to their three children in the total amount of P9,000.00 every month; that she be awarded the custody of their children; and that she be adjudged as the sole owner of a parcel of land located at Don Gregorio Subdivision I in Bo. Bucal, Dasmarias, Cavite, purchased during the marriage, as well as the jeep which private respondent took with him when he left the conjugal home on June 12, 1992. 6 On October 8, 1992, because of private respondent's failure to file his answer, the trial court issued an order directing the assistant provincial prosecutor to conduct an investigation to determine if there was collusion between the parties. 7 Only petitioner appeared at the investigation on November 5, 1992. Nevertheless, the prosecutor found no evidence of collusion and recommended that the case be set for trial. 8 Based on the evidence presented by the petitioner, the facts are as follows: 9 Petitioner and private respondent met in 1977 at the Philippine Christian University in Dasmarias, Cavite. Petitioner, who is five years older than private respondent, was then in her first year of teaching zoology and botany. Private respondent, a college freshman, was her student for two consecutive semesters. They became sweethearts in February 1979 when she was no longer private respondent's teacher. On January 1, 1981, they were married. Private respondent continued his studies for two more years. His parents paid for his tuition fees, while petitioner provided his allowances and other financial needs. The family income came from petitioner's salary as a faculty member of the Philippine Christian University. Petitioner augmented her earnings by selling "Tupperware" products, as well as engaging in the buyand-sell of coffee, rice and polvoron.

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From 1983 up to 1986, as private respondent could not find a stable job, it was agreed that he would help petitioner in her businesses by delivering orders to customers. However, because her husband was a spendthrift and had other women, petitioner's business suffered. Private respondent often had smoking and drinking sprees with his friends and betted on fighting cocks. In 1982, after the birth of their first child, petitioner discovered two love letters written by a certain Realita Villena to private respondent. She knew Villena as a married student whose husband was working in Saudi Arabia. When petitioner confronted private respondent, he admitted having an extramarital affair with Villena. Petitioner then pleaded with Villena to end her relationship with private respondent. For his part, private respondent said he would end the affairs, but he did not keep his promise. Instead, he left the conjugal home and abandoned petitioner and their child. When private respondent came back, however, petitioner accepted him, despite private respondent's infidelity in the hope of saving their marriage. Upon the recommendation of a family friend, private respondent was able to get a job at Reynolds Philippines, Inc. in San Agustin, Dasmarias, Cavite in 1986. However, private respondent was employed only until March 31, 1991, because he availed himself of the early retirement plan offered by the company. He received P53,000.00 in retirement pay, but instead of spending the amount for the needs of the family, private respondent spent the money on himself and consumed the entire amount within four months of his retirement. While private respondent worked at Reynolds Philippines, Inc., his smoking, drinking, gambling and womanizing became worse. Petitioner discovered that private respondent carried on relationships with different women. He had relations with a certain Edna who worked at Yazaki; Angie, who was an operator of a billiard hall; Tess, a "Japayuki"; Myrna Macatangay, a secretary at the Road Master Driver's School in Bayan, Dasmarias, Cavite, with whom he cohabited for quite a while; and, Ruth Oliva, by whom he had a daughter named Margie P. Oliva, born on September 15, 1989 (Exh. E). 10 When petitioner confronted private respondent about his relationship with Tess, he beat her up, as a result of which she was confined at the De la Salle University Medical Center in Dasmarias, Cavite on July 4-5, 1990 because of cerebral concussion (Exh. F). 11 According to petitioner, private respondent engaged in extreme promiscuous conduct during the latter part of 1986. As a result, private respondent contracted gonorrhea and infected petitioner. They both received treatment at the Zapote Medical Specialists Center in Zapote, Bacoor, Cavite from October 22, 1986 until March 13, 1987 (Exhs. G & H). 12 Petitioner averred that on one occasion of a heated argument, private respondent hit their eldest child who was then barely a year old. Private respondent is not close to any of their children as he was never affectionate and hardly spent time with them. On July 17, 1979, petitioner entered into a contract to sell (Exh. J) 13 with F & C Realty Corporation whereby she agreed to buy from the latter a parcel of land at the Don Gregorio Heights Subdivision I in Bo. Bucal, Dasmarias, Cavite and placed a partial payment of P31,330.00. On May 26, 1987, after full payment of the amount of P51,067.10, inclusive of interests from monthly installments, a deed of absolute sale(Exh. K) 14 was executed in her favor and TCT No. T-221529 (Exh. M) 15 was duly issued. According to petitioner, on August 1, 1992, she sent a handwritten letter 16 to private respondent expressing her frustration over the fact that her efforts to save their marriage proved futile. In her letter, petitioner also stated that she was allowing him to sell their owner-type jeepney 17 and to divide the proceeds of the sale between the two of them. Petitioner also told private respondent of her intention to fill a petition for the annulment of their marriage. It does not appear that private respondent ever replied to petitioner's letter. By this time, he had already abandoned

petitioner and their children. In October 1992, petitioner learned that private respondent left for the Middle East. Since then, private respondent's whereabouts had been unknown. Ester Alfaro, petitioner's childhood friend and co-teacher at the Philippine Christian University, testified during the hearing on the petition for annulment. She said that sometime in June 1979, petitioner introduced private respondent to her (Alfaro) as the former's sweetheart. Alfaro said she was not impressed with private respondent who was her student in accounting. She observed private respondent to be fun-loving, spending most of his time with campus friends. In November 1980, when petitioner asked Alfaro to be one of the secondary sponsors at her forthcoming wedding, Alfaro wanted to dissuade petitioner from going through with the wedding because she thought private respondent was not ready for married life as he was then unemployed. True enough, although the couple appeared happy during the early part of their marriage, it was not long thereafter that private respondent started drinking with his friends and going home late at night. Alfaro corroborated petitioner's claim that private respondent was a habitual drunkard who carried on relationships with different women and continued hanging out with his friends. She also confirmed that petitioner was once hospitalized because she was beaten up by private respondent. After the first year of petitioner's marriage, Alfaro tried to talk to private respondent, but the latter accused her of meddling with their marital life. Alfaro said that private respondent was not close to his children and that he had abandoned petitioner. 18 On April 10, 1993, the trial court rendered a decision 19 dismissing the petition for annulment of marriage filed by petitioner. The pertinent portion of the decision reads: 20 The Court can underscore the fact that the circumstances mentioned by the petitioner in support of her claim that respondent was "psychologically incapacitated" to marry her are among the grounds cited by the law as valid reasons for the grant of legal separation (Article 55 of the Family Code) not as grounds for a declaration of nullity of marriages or annulment thereof. Thus, Article 55 of the same code reads as follows: 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; xxx xxx xxx (5) Drug addiction or habitual alcoholism of the respondent; xxx xxx xxx (8) Sexual infidelity or perversion; xxx xxx xxx (10) Abandonment of petitioner by respondent without justifiable cause for more than one year. xxx xxx xxx

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If indeed Article 36 of the Family Code of the Philippines, which mentions psychological incapacity as a ground for the declaration of the nullity of a marriage, has intended to include the above-stated circumstances as constitutive of such incapacity, then the same would not have been enumerated as grounds for legal separation. In the same manner, this Court is not disposed to grant relief in favor of the petitioner under Article 46, paragraph (3) of the Family Code of the Philippines, as there is no dispute that the "gonorrhea" transmitted to the petitioner by respondent occurred sometime in 1986, or five (5) years after petitioner's marriage with respondent was celebrated in 1981. The provisions of Article 46, paragraph (3) of the same law should be taken in conjunction with Article 45, paragraph (3) of the same code, and a careful reading of the two (2) provisions of the law would require the existence of this ground (fraud) at the time of the celebration of the marriage. Hence, the annulment of petitioner's marriage with the respondent on this ground, as alleged and proved in the instant case, cannot be legally accepted by the Court. Petitioner appealed to the Court of Appeals which, on January 30, 1996, rendered its decision affirming the decision of the trial court. Citing the ruling in Santos v. Court of Appeals, 21 the Court of Appeals held: 22 It is clear in the above law and jurisprudence that the psychological incapacity of a spouse, as a ground for declaration of nullify of marriage, must exist at the time of the celebration of marriage. More so, chronic sexual infidelity, abandonment, gambling and use of prohibited drugs are not grounds per se, of psychological incapacity of a spouse. We agree with the Solicitor General that petitioner-appellant failed to prove that her respondent-husband was psychologically incapacitated at the time of the celebration of the marriage. Certainly, petitioner-appellant's declaration that at the time of their marriage her respondent-husband's character was on the "borderline between a responsible person and the happy-go-lucky," could not constitute the psychological incapacity in contemplation of Article 36 of the Family Code. In fact, petitioner-appellant herself ascribed said attitude to her respondent-husband's youth and very good looks, who was admittedly several years younger than petitionerappellant who, herself, happened to be the college professor of her respondent-husband. Petitioner-appellant even described her respondent-husband not as a problem student but a normal one (p. 24, tsn, Dec. 8, 1992). The acts and attitudes complained of by petitioner-appellant happened after the marriage and there is no proof that the same have already existed at the time of the celebration of the marriage to constitute the psychological incapacity under Article 36 of the Family Code. Hence, this petition. Petitioner contends that the respondent Court of Appeals erred I. IN FINDING THAT THE PSYCHOLOGICAL INCAPACITY OF THE PRIVATE RESPONDENT

TO COMPLY WITH HIS ESSENTIAL MARITAL OBLIGATIONS DID NOT EXIST FROM THE TIME OF THE CELEBRATION OF THE MARRIAGE. II. IN RULING THAT PRIVATE RESPONDENT WAS NOT PSYCHOLOGICALLY INCAPACITATED TO COMPLY WITH HIS ESSENTIAL MARITAL OBLIGATIONS. III. IN AFFIRMING THE DECISION OF THE TRIAL COURT DENYING THE AWARD OF PERMANENT CUSTODY OF THE CHILDREN TO PETITIONER. IV. IN AFFIRMING THE DECISION OF THE TRIAL COURT DENYING THE PRAYER FOR ISSUANCE OF AN ORDER REQUIRING PRIVATE RESPONDENT TO GIVE SUPPORT TO THE THREE CHILDREN IN THE AMOUNT OF P3,000,00 PER CHILD. V. IN NOT DECLARING THE REAL PROPERTY ACQUIRED BY PETITIONER AS HER EXCLUSIVE PROPERTY. The issue in this case is whether or not the marriage of petitioner and private respondent should be annulled on the ground of private respondent's psychological incapacity. Petitioner alleges that the Court of Appeals erred in holding that petitioner failed to show that private respondent's psychological incapacity existed at the time of the celebration of the marriage. She argues that the fact that the acts of incapacity of private respondent became manifest only after the celebration of their marriage should not be a bar to the annulment of their marriage. Art. 36 of the Family Code states: 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. 23 In Santos v. Court of Appeals, 24 we held: "Psychological incapacity" should refer to no less than a mental (not physical) incapacity that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage which, as so expressed by Article 68 of the Family Code, include their mutual obligations to live together, observe love, respect and fidelity and render help and support. There is hardly any doubt that the intendment of the law has been to confine the meaning of "psychological incapacity" to the most serious cases of personality, disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage. This psychological condition must exist at the time the marriage is celebrated. The law does not evidently envision, upon the other hand, an inability of the spouse to have sexual relations with the other. This conclusion is implicit under Article 54 of the Family Code which considers children conceived prior to the judicial declaration of nullity of the void marriage to be "legitimate."

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The other forms of psychoses, if existing at the inception of marriage, like the state of a party being of unsound mind or concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism, merely renders the marriage contract voidable pursuant to Article 46, Family Code. If drug addiction, habitual alcoholism, lesbianism or homosexuality should occur only during the marriage, they become mere grounds for legal separation under Article 55 of the Family Code. These provisions of the Code, however, do not necessarily preclude the possibility of these various circumstances being themselves, depending on the degree and severity of the disorder, indicia of psychological incapacity. Until further statutory and jurisprudential parameters are established, every circumstance that may have some bearing on the degree, extent, and other conditions of that incapacity must, in every case, be carefully examined and evaluated so that no precipitate and indiscriminate nullity is peremptorily decreed. The well-considered opinions of psychiatrists, psychologists, and persons with expertise in psychological disciplines might be helpful or even desirable. In the instant case, other than her self-serving declarations, petitioner failed to establish the fact that at the time they were married, private respondent was suffering from a psychological defect which in fact deprived him of the ability to assume the essential duties of marriage and its concomitant responsibilities. As the Court of Appeals pointed out, no evidence was presented to show that private respondent was not cognizant of the basic marital obligations. It was not sufficiently proved that private respondent was really incapable of fulfilling his duties due to some incapacity of a psychological nature, and not merely physical. Petitioner says that at the outset of their marriage, private respondent showed lack of drive to work for his family. Private respondent's parents and petitioner supported him through college. After his schooling, although he eventually found a job, he availed himself of the early retirement plan offered by his employer and spent the entire amount he received on himself. For a greater part of their marital life, private respondent was out of job and did not have the initiative to look for another. He indulged in vices and engaged in philandering, and later abandoned his family. Petitioner concludes that private respondent's condition is incurable, causing the disintegration of their union and defeating the very objectives of marriage. However, private respondent's alleged habitual alcoholism, sexual infidelity or perversion, and abandonment do not by themselves constitute grounds for finding that he is suffering from psychological incapacity within the contemplation of the Family Code. It must be shown that these acts are manifestations of a disordered personality which make private respondent completely unable to discharge the essential obligations of the marital state, and not merely due to private respondent's youth and self-conscious feeling of being handsome, as the appellate court held. As pointed out in Republic of the Philippines v. Court of Appeals: 25 The root cause of the psychological incapacity must be: (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision. Article 36 of the Family Code requires that the incapacity must be psychological not physical, although its manifestations and/or symptoms may be physical. The evidence must convince the court that the parties, or one of them, was mentally or physically ill to such an extent that the obligations he was assuming, or knowing them, could not have given valid assumption thereof. Although no example of such

incapacity need given here so as not to limit the application of the provision under the principle of ejusdem generis (citing Salaita v. Magtolis, supra) nevertheless such root cause must be identified as a psychological illness and its incapacitating nature fully explained. Expert evidence may be given by qualified psychiatrists and clinical psychologists. Moreover, expert testimony should have been presented to establish the precise cause of private respondent's psychological incapacity, if any, in order to show that it existed at the inception of the marriage. The burden of proof to show the nullity of the marriage rests upon rests petitioner. The Court is mindful of the policy of the 1987 Constitution to protect and strengthen the family as the basic autonomous social institution and marriage as the foundation of the family. 26 Thus, any doubt should be resolved in favor of the validity of the marriage. 27 We, therefore, find no reason to reverse the ruling of respondent Court of Appeals whose conclusions, affirming the trial court's finding with regard to the non-existence of private respondent's psychological incapacity at the time of the marriage, are entitled to great weight and even finality. 28 Only where it is shown that such findings are whimsical, capricious, and arbitrary can these be overturned. The conclusion we have reached makes it unnecessary for us to pass upon petitioner's contentions on the issue of permanent custody of children, the amount for their respective support, and the declaration of exclusive ownership of petitioner over the real property. These matters may more appropriately be litigated in a separate proceeding for legal separation, dissolution of property regime, and/or custody of children which petitioner may bring. WHEREFORE, the decision of the Court of Appeal is AFFIRMED. SO ORDERED.

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G.R. No. 151867

January 29, 2004

DAVID B. DEDEL, Petitioner, vs. COURT OF APPEALS and SHARON L. CORPUZ-DEDEL a.k.a. JANE IBRAHIM, Respondents. REPUBLIC OF THE PHILIPPINES, Oppositor-Respondent. DECISION YNARES-SANTIAGO, J.: Petitioner David B. Dedel met respondent Sharon L. Corpuz Dedel while he was working in the advertising business of his father. The acquaintance led to courtship and romantic relations, culminating in the exchange of marital vows before the City Court of Pasay on September 28, 1966.1 The civil marriage was ratified in a church wedding on May 20, 1967.2 The union produced four children, namely: Beverly Jane, born on September 18, 1968;3 Stephanie Janice born on September 9, 1969;4 Kenneth David born on April 24, 1971;5 and Ingrid born on October 20, 1976.6 The conjugal partnership, nonetheless, acquired neither property nor debt. Petitioner avers that during the marriage, Sharon turned out to be an irresponsible and immature wife and mother. She had extra-marital affairs with several men: a dentist in the Armed Forces of the Philippines; a Lieutenant in the Presidential Security Command and later a Jordanian national. Sharon was once confirmed in the Manila Medical City for treatment by Dr. Lourdes Lapuz, a clinical psychiatrist. Petitioner alleged that despite the treatment, Sharon did not stop her illicit relationship with the Jordanian national named Mustafa Ibrahim, whom she married and with whom she had two children. However, when Mustafa Ibrahim left the country, Sharon returned to petitioner bringing along her two children by Ibrahim. Petitioner accepted her back and even considered the two illegitimate children as his own. Thereafter, on December 9, 1995, Sharon abandoned petitioner to join Ibrahim in Jordan with their two children. Since then, Sharon would only return to the country on special occasions. Finally, giving up all hope of a reconciliation with Sharon, petitioner filed on April 1, 1997 a petition seeking the declaration of nullity of his marriage on the ground of psychological incapacity, as defined in Article 36 of the Family Code, before the Regional Trial Court of Makati City, Branch 149. Summons was effected by publication in the Pilipino Star Ngayon, a newspaper of general circulation in the country considering that Sharon did not reside and could not be found in the Philippines.7 Petitioner presented Dr. Natividad A. Dayan, who testified that she conducted a psychological evaluation of petitioner and found him to be conscientious, hardworking, diligent, a perfectionist who wants all tasks and projects completed up to the final detail and who exerts his best in whatever he does. On the other hand, Dr. Dayan declared that Sharon was suffering from Anti-Social Personality Disorder exhibited by her blatant display of infidelity; that she committed several indiscretions and had no capacity for remorse, even bringing with her the two children of Mustafa Ibrahim to live with petitioner. Such immaturity and irresponsibility in handling the marriage like her repeated acts of infidelity and abandonment of her family are indications of Anti-Social Personality Disorder amounting to psychological incapacity to perform the essential obligations of marriage.8 After trial, judgment was rendered, the dispositive portion of which reads: WHEREFORE, in the light of the foregoing, the civil and church marriages between DAVID B. DEDEL and SHARON L. CORPUZ

celebrated on September 28, 1966 and May 20, 1967 are hereby declared null and void on the ground of psychological incapacity on the part of the respondent to perform the essential obligations of marriage under Article 36 of the Family Code. Accordingly, the conjugal partnership of gains existing between the parties is dissolved and in lieu thereof a regime of complete separation of property between the said spouses is established in accordance with the pertinent provisions of the Family Code, without prejudice to rights previously acquired by creditors. Let a copy of this Decision be duly recorded in the proper civil and property registries in accordance with Article 52 of the Family Code. SO ORDERED.9 Respondent Republic of the Philippines, through the Solicitor General, appealed alleging that I THE LOWER COURT ERRED IN GRANTING THE PETITION DESPITE THE ABSENCE OF A VALID GROUND FOR DECLARATION OF NULLITY OF MARRIAGE. II THE LOWER COURT ERRED IN DECLARING THAT THE CHURCH MARRIAGE BETWEEN PETITIONER IS NULL AND VOID. III THE LOWER COURT ERRED IN RENDERING A DECISION WITHOUT A CERTIFICATION HAVING BEEN ISSUED BY THE SOLICITOR GENERAL AS REQUIRED IN THE MOLINA CASE. The Court of Appeals recalled and set aside the judgment of the trial court and ordered dismissal of the petition for declaration of nullity of marriage.10 Petitioners motion for reconsideration was denied in a Resolution dated January 8, 2002.11 Hence, the instant petition. Petitioner contends that the appellate court gravely abused its discretion and manifestly erred in its conclusion that the: (1) respondent was not suffering from psychological incapacity to perform her marital obligations; (2) psychological incapacity of respondent is not attended by gravity, juridical antecedence and permanence or incurability; and (3) totality of evidence submitted by the petitioner falls short to prove psychological incapacity suffered by respondent. The main question for resolution is whether or not the totality of the evidence presented is enough to sustain a finding that respondent is psychologically incapacitated. More specifically, does the aberrant sexual behavior of respondent adverted to by petitioner fall within the term "psychological incapacity?" In Santos v. Court of Appeals,12 it was ruled: x x x "psychological incapacity" should refer to no less than a mental (not physical) incapacity that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage which, as so expressed in Article 68 of the Family Code, include their mutual obligations to live together, observe love, respect and fidelity and render help and support. There is hardly any doubt that the intendment of the law has been to confine the meaning of "psychological incapacity" to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity of inability to give meaning and significance to the marriage. This psychological condition must exist at the time the marriage is celebrated. The law does not evidently envision, upon the other hand, an inability of the spouse to have sexual relations with the other. This conclusion is implicit under Article 54 of the Family Code which considers children conceived prior to the

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judicial declaration of nullity of the void marriage to be "legitimate." The other forms of psychoses, if existing at the inception of marriage, like the state of a party being of unsound mind or concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism, merely renders the marriage contract voidable pursuant to Article 46, Family Code. If drug addiction, habitual alcoholism, lesbianism or homosexuality should occur only during the marriage, they become mere grounds for legal separation under Article 55 of the Family Code. These provisions, however, do not necessarily preclude the possibility of these various circumstances being themselves, depending on the degree and severity of the disorder, indicia of psychological incapacity. Until further statutory and jurisprudential parameters are established, every circumstance that may have some bearing on the degree, extent and other conditions of that incapacity must, in every case, be carefully examined and evaluated so that no precipitate and indiscriminate nullity is peremptorily decreed. The well-considered opinion of psychiatrists, psychologists and persons with expertise in psychological disciplines might be helpful or even desirable.13 The difficulty in resolving the problem lies in the fact that a personality disorder is a very complex and elusive phenomenon which defies easy analysis and definition. In this case, respondents sexual infidelity can hardly qualify as being mentally or psychically ill to such an extent that she could not have known the obligations she was assuming, or knowing them, could not have given a valid assumption thereof.14 It appears that respondents promiscuity did not exist prior to or at the inception of the marriage. What is, in fact, disclosed by the records is a blissful marital union at its celebration, later affirmed in church rites, and which produced four children. Respondents sexual infidelity or perversion and abandonment do not by themselves constitute psychological incapacity within the contemplation of the Family Code. Neither could her emotional immaturity and irresponsibility be equated with psychological incapacity.15 It must be shown that these acts are manifestations of a disordered personality which make respondent completely unable to discharge the essential obligations of the marital state, not merely due to her youth, immaturity16 or sexual promiscuity. At best, the circumstances relied upon by petitioner are grounds for legal separation under Article 5517 of the Family Code. However, we pointed out in Marcos v. Marcos18 that Article 36 is not to be equated with legal separation in which the grounds need not be rooted in psychological incapacity but on physical violence, moral pressure, civil interdiction, drug addiction, habitual alcoholism, sexual infidelity, abandonment and the like. In short, the evidence presented by petitioner refers only to grounds for legal separation, not for declaring a marriage void. We likewise agree with the Court of Appeals that the trial court has no jurisdiction to dissolve the church marriage of petitioner and respondent. The authority to do so is exclusively lodged with the Ecclesiastical Court of the Roman Catholic Church. All told, we find no cogent reason to disturb the ruling of the appellate court.1wphi1 We cannot deny the grief, frustration and even desperation of petitioner in his present situation. Regrettably, there are circumstances, like in this case, where neither law nor society can provide the specific answers to every individual problem.19 While we sympathize with petitioners marital predicament, our first and foremost duty is to apply the law no matter how harsh it may be.20 WHEREFORE, in view of the foregoing, the petition is DENIED. The decision of the Court of Appeals in CA-G.R. CV No. 60406, which ordered the dismissal of Civil Case No. 97-467 before the Regional Trial Court of Makati, Branch 149, is AFFIRMED. No costs. SO ORDERED.

G.R. No. 150758

February 18, 2004

VERONICO TENEBRO, petitioner vs. THE HONORABLE COURT OF APPEALS, respondent. DECISION YNARES-SANTIAGO, J.: We are called on to decide the novel issue concerning the effect of the judicial declaration of the nullity of a second or subsequent marriage, on the ground of psychological incapacity, on an individuals criminal liability for bigamy. We hold that the subsequent judicial declaration of nullity of marriage on the ground of psychological incapacity does not retroact to the date of the celebration of the marriage insofar as the Philippines penal laws are concerned. As such, an individual who contracts a second or subsequent marriage during the subsistence of a valid marriage is criminally liable for bigamy, notwithstanding the subsequent declaration that the second marriage is void ab initio on the ground of psychological incapacity. Petitioner in this case, Veronico Tenebro, contracted marriage with private complainant Leticia Ancajas on April 10, 1990. The two were wed by Judge Alfredo B. Perez, Jr. of the City Trial Court of Lapu-lapu City. Tenebro and Ancajas lived together continuously and without interruption until the latter part of 1991, when Tenebro informed Ancajas that he had been previously married to a certain Hilda Villareyes on November 10, 1986. Tenebro showed Ancajas a photocopy of a marriage contract between him and Villareyes. Invoking this previous marriage, petitioner thereafter left the conjugal dwelling which he shared with Ancajas, stating that he was going to cohabit with Villareyes.1 On January 25, 1993, petitioner contracted yet another marriage, this one with a certain Nilda Villegas, before Judge German Lee, Jr. of the Regional Trial Court of Cebu City, Branch 15.2 When Ancajas learned of this third marriage, she verified from Villareyes whether the latter was indeed married to petitioner. In a handwritten letter,3Villareyes confirmed that petitioner, Veronico Tenebro, was indeed her husband. Ancajas thereafter filed a complaint for bigamy against petitioner.4 The Information,5 which was docketed as Criminal Case No. 013095-L, reads: That on the 10th day of April 1990, in the City of Lapu-lapu, Philippines, and within the jurisdiction of this Honorable Court, the aforenamed accused, having been previously united in lawful marriage with Hilda Villareyes, and without the said marriage having been legally dissolved, did then and there willfully, unlawfully and feloniously contract a second marriage with LETICIA ANCAJAS, which second or subsequent marriage of the accused has all the essential requisites for validity were it not for the subsisting first marriage. CONTRARY TO LAW. When arraigned, petitioner entered a plea of "not guilty".6 During the trial, petitioner admitted having cohabited with Villareyes from 1984-1988, with whom he sired two children. However, he denied that he and Villareyes were validly married to each other, claiming that no marriage ceremony took place to solemnize their union.7 He alleged that he signed a marriage contract merely to enable her to get the allotment from his office in connection with his work as a seaman.8 He further testified that he requested his brother to verify from the Civil Register in Manila whether there was any marriage at all between him and Villareyes, but there was no record of said marriage.9 On November 10, 1997, the Regional Trial Court of Lapu-lapu City, Branch 54, rendered a decision finding the accused guilty

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beyond reasonable doubt of the crime of bigamy under Article 349 of the Revised Penal Code, and sentencing him to four (4) years and two (2) months of prision correccional, as minimum, to eight (8) years and one (1) day of prision mayor, as maximum.10 On appeal, the Court of Appeals affirmed the decision of the trial court. Petitioners motion for reconsideration was denied for lack of merit. Hence, the instant petition for review on the following assignment of errors: I. THE HONORABLE COURT OF APPEALS GRAVELY ERRED, AND THIS ERROR IS CORRECTIBLE IN THIS APPEAL WHEN IT AFFIRMED THE DECISION OF THE HONORABLE COURT A QUO CONVICTING THE ACCUSED FOR (sic) THE CRIME OF BIGAMY, DESPITE THE NON-EXISTENCE OF THE FIRST MARRIAGE AND INSUFFICIENCY OF EVIDENCE. II. THE COURT ERRED IN CONVICTING THE ACCUSED FOR (sic) THE CRIME OF BIGAMY DESPITE CLEAR PROOF THAT THE MARRIAGE BETWEEN THE ACCUSED AND PRIVATE COMPLAINANT HAD BEEN DECLARED NULL AND VOID AB INITIO AND WITHOUT LEGAL FORCE AND EFFECT.11 After a careful review of the evidence on record, we find no cogent reason to disturb the assailed judgment. Under Article 349 of the Revised Penal Code, the elements of the crime of Bigamy are: (1) that the offender has been legally married; (2) that the first marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the Civil Code; (3) that he contracts a second or subsequent marriage; and (4) that the second or subsequent marriage has all the essential requisites for validity.12 Petitioners assignment of errors presents a two-tiered defense, in which he (1) denies the existence of his first marriage to Villareyes, and (2) argues that the declaration of the nullity of the second marriage on the ground of psychological incapacity, which is an alleged indicator that his marriage to Ancajas lacks the essential requisites for validity, retroacts to the date on which the second marriage was celebrated.13 Hence, petitioner argues that all four of the elements of the crime of bigamy are absent, and prays for his acquittal.14 Petitioners defense must fail on both counts. First, the prosecution presented sufficient evidence, both documentary and oral, to prove the existence of the first marriage between petitioner and Villareyes. Documentary evidence presented was in the form of: (1) a copy of a marriage contract between Tenebro and Villareyes, dated November 10, 1986, which, as seen on the document, was solemnized at the Manila City Hall before Rev. Julieto Torres, a Minister of the Gospel, and certified to by the Office of the Civil Registrar of Manila;15 and (2) a handwritten letter from Villareyes to Ancajas dated July 12, 1994, informing Ancajas that Villareyes and Tenebro were legally married.16 To assail the veracity of the marriage contract, petitioner presented (1) a certification issued by the National Statistics Office dated October 7, 1995;17 and (2) a certification issued by the City Civil Registry of Manila, dated February 3, 1997.18 Both these documents attest that the respective issuing offices have no

record of a marriage celebrated between Veronico B. Tenebro and Hilda B. Villareyes on November 10, 1986. To our mind, the documents presented by the defense cannot adequately assail the marriage contract, which in itself would already have been sufficient to establish the existence of a marriage between Tenebro and Villareyes. All three of these documents fall in the category of public documents, and the Rules of Court provisions relevant to public documents are applicable to all. Pertinent to the marriage contract, Section 7 of Rule 130 of the Rules of Court reads as follows: Sec. 7. Evidence admissible when original document is a public record. When the original of a document is in the custody of a public officer or is recorded in a public office, its contents may be proved by a certified copy issued by the public officer in custody thereof (Emphasis ours). This being the case, the certified copy of the marriage contract, issued by a public officer in custody thereof, was admissible as the best evidence of its contents. The marriage contract plainly indicates that a marriage was celebrated between petitioner and Villareyes on November 10, 1986, and it should be accorded the full faith and credence given to public documents. Moreover, an examination of the wordings of the certification issued by the National Statistics Office on October 7, 1995 and that issued by the City Civil Registry of Manila on February 3, 1997 would plainly show that neither document attests as a positive fact that there was no marriage celebrated between Veronico B. Tenebro and Hilda B. Villareyes on November 10, 1986. Rather, the documents merely attest that the respective issuing offices have no record of such a marriage. Documentary evidence as to the absence of a record is quite different from documentary evidence as to the absence of a marriage ceremony, or documentary evidence as to the invalidity of the marriage between Tenebro and Villareyes. The marriage contract presented by the prosecution serves as positive evidence as to the existence of the marriage between Tenebro and Villareyes, which should be given greater credence than documents testifying merely as to absence of any record of the marriage, especially considering that there is absolutely no requirement in the law that a marriage contract needs to be submitted to the civil registrar as a condition precedent for the validity of a marriage. The mere fact that no record of a marriage exists does not invalidate the marriage, provided all requisites for its validity are present.19 There is no evidence presented by the defense that would indicate that the marriage between Tenebro and Villareyes lacked any requisite for validity, apart from the self-serving testimony of the accused himself. Balanced against this testimony are Villareyes letter, Ancajas te stimony that petitioner informed her of the existence of the valid first marriage, and petitioners own conduct, which would all tend to indicate that the first marriage had all the requisites for validity. Finally, although the accused claims that he took steps to verify the non-existence of the first marriage to Villareyes by requesting his brother to validate such purported non-existence, it is significant to note that the certifications issued by the National Statistics Office and the City Civil Registry of Manila are dated October 7, 1995 and February 3, 1997, respectively. Both documents, therefore, are dated after the accuseds marriage to his second wife, private respondent in this case. As such, this Court rules that there was sufficient evidence presented by the prosecution to prove the first and second requisites for the crime of bigamy. The second tier of petitioners defense hinges on the effects of the subsequent judicial declaration20 of the nullity of the second marriage on the ground of psychological incapacity.

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Petitioner argues that this subsequent judicial declaration retroacts to the date of the celebration of the marriage to Ancajas. As such, he argues that, since his marriage to Ancajas was subsequently declared void ab initio, the crime of bigamy was not committed.21 This argument is not impressed with merit. Petitioner makes much of the judicial declaration of the nullity of the second marriage on the ground of psychological incapacity, invoking Article 36 of the Family Code. What petitioner fails to realize is that a declaration of the nullity of the second marriage on the ground of psychological incapacity is of absolutely no moment insofar as the States penal laws are concerned. As a second or subsequent marriage contracted during the subsistence of petitioners valid marriage to Villareyes, petitioners marriage to Ancajas would be null and void ab initio completely regardless of petitioners psychological capacity or incapacity.22 Since a marriage contracted during the subsistence of a valid marriage is automatically void, the nullity of this second marriage is not per se an argument for the avoidance of criminal liability for bigamy. Pertinently, Article 349 of the Revised Penal Code criminalizes "any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings". A plain reading of the law, therefore, would indicate that the provision penalizes the mere act of contracting a second or a subsequent marriage during the subsistence of a valid marriage. Thus, as soon as the second marriage to Ancajas was celebrated on April 10, 1990, during the subsistence of the valid first marriage, the crime of bigamy had already been consummated. To our mind, there is no cogent reason for distinguishing between a subsequent marriage that is null and void purely because it is a second or subsequent marriage, and a subsequent marriage that is null and void on the ground of psychological incapacity, at least insofar as criminal liability for bigamy is concerned. The States penal laws protecting the institution of marriage are in recognition of the sacrosanct character of this special contract between spouses, and punish an individuals deliberate disregard of the permanent character of the special bond between spouses, which petitioner has undoubtedly done. Moreover, the declaration of the nullity of the second marriage on the ground of psychological incapacity is not an indicator that petitioners marriage to Ancajas lacks the essential requisites for validity. The requisites for the validity of a marriage are classified by the Family Code into essential (legal capacity of the contracting parties and their consent freely given in the presence of the solemnizing officer)23 and formal (authority of the solemnizing officer, marriage license, and marriage ceremony wherein the parties personally declare their agreement to marry before the solemnizing officer in the presence of at least two witnesses).24 Under Article 5 of the Family Code, any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 3725 and 3826 may contract marriage.27 In this case, all the essential and formal requisites for the validity of marriage were satisfied by petitioner and Ancajas. Both were over eighteen years of age, and they voluntarily contracted the second marriage with the required license before Judge Alfredo B. Perez, Jr. of the City Trial Court of Lapu-lapu City, in the presence of at least two witnesses. Although the judicial declaration of the nullity of a marriage on the ground of psychological incapacity retroacts to the date of the celebration of the marriage insofar as the vinculum between the spouses is concerned, it is significant to note that said marriage is not without legal effects. Among these effects is that children conceived or born before the judgment of absolute nullity of the marriage shall be considered legitimate.28 There is therefore a recognition written into the law itself that such a marriage, although void ab initio, may still produce legal consequences.

Among these legal consequences is incurring criminal liability for bigamy. To hold otherwise would render the States penal laws on bigamy completely nugatory, and allow individuals to deliberately ensure that each marital contract be flawed in some manner, and to thus escape the consequences of contracting multiple marriages, while beguiling throngs of hapless women with the promise of futurity and commitment. As such, we rule that the third and fourth requisites for the crime of bigamy are present in this case, and affirm the judgment of the Court of Appeals. As a final point, we note that based on the evidence on record, petitioner contracted marriage a third time, while his marriages to Villareyes and Ancajas were both still subsisting. Although this is irrelevant in the determination of the accuseds guilt for purposes of this particular case, the act of the accused displays a deliberate disregard for the sanctity of marriage, and the State does not look kindly on such activities. Marriage is a special contract, the key characteristic of which is its permanence. When an individual manifests a deliberate pattern of flouting the foundation of the States basic social institution, the States criminal laws on bigamy step in. Under Article 349 of the Revised Penal Code, as amended, the penalty for the crime of bigamy is prision mayor, which has a duration of six (6) years and one (1) day to twelve (12) years. There being neither aggravating nor mitigating circumstance, the same shall be imposed in its medium period. Applying the Indeterminate Sentence Law, petitioner shall be entitled to a minimum term, to be taken from the penalty next lower in degree, i.e., prision correccional which has a duration of six (6) months and one (1) day to six (6) years. Hence, the Court of Appeals correctly affirmed the decision of the trial court which sentenced petitioner to suffer an indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to eight (8) years and one (1) day of prision mayor, as maximum. WHEREFORE, in view of all the foregoing, the instant petition for review is DENIED. The assailed decision of the Court of Appeals in CA-G.R. CR No. 21636, convicting petitioner Veronico Tenebro of the crime of Bigamy and sentencing him to suffer the indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to eight (8) years and one (1) day of prision mayor, as maximum, is AFFIRMED in toto. SO ORDERED.

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G.R. No. 164435

September 29, 2009

VICTORIA S. JARILLO, Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent. DECISION DEL CASTILLO, J.: This resolves the Petition for Review on Certiorari under Rule 45 of the Rules of Court, praying that the Decision1of the Court of Appeals (CA), dated July 21, 2003, and its Resolution2 dated July 8, 2004, be reversed and set aside. On May 31, 2000, petitioner was charged with Bigamy before the Regional Trial Court (RTC) of Pasay City, Branch 117 under the following Information in Criminal Case No. 00-08-11: INFORMATION The undersigned Assistant City Prosecutor accuses VICTORIA S. JARILLO of the crime of BIGAMY, committed as follows: That on or about the 26th day of November 1979, in Pasay City, Metro Manila, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, Victoria S. Jarillo, being previously united in lawful marriage with Rafael M. Alocillo, and without the said marriage having been legally dissolved, did then and there willfully, unlawfully and feloniously contract a second marriage with Emmanuel Ebora Santos Uy which marriage was only discovered on January 12, 1999. Contrary to law. On July 14, 2000, petitioner pleaded not guilty during arraignment and, thereafter, trial proceeded. The undisputed facts, as accurately summarized by the CA, are as follows. On May 24, 1974, Victoria Jarillo and Rafael Alocillo were married in a civil wedding ceremony solemnized by Hon. Monico C. Tanyag, then Municipal Mayor of Taguig, Rizal (Exhs. A, A-1, H, H1, H-2, O, O-1, pp. 20-21, TSN dated November 17, 2000). On May 4, 1975, Victoria Jarillo and Rafael Alocillo again celebrated marriage in a church wedding ceremony before Rev. Angel Resultay in San Carlos City, Pangasinan (pp. 25-26, TSN dated November 17, 2000). Out of the marital union, appellant begot a daughter, Rachelle J. Alocillo on October 29, 1975 (Exhs. F, R, R-1). Appellant Victoria Jarillo thereafter contracted a subsequent marriage with Emmanuel Ebora Santos Uy, at the City Court of Pasay City, Branch 1, before then Hon. Judge Nicanor Cruz on November 26, 1979 (Exhs. D, J, J-1, Q, Q-1, pp. 15-18, TSN dated November 22, 2000). On April 16, 1995, appellant and Emmanuel Uy exchanged marital vows anew in a church wedding in Manila (Exh. E). In 1999, Emmanuel Uy filed against the appellant Civil Case No. 99-93582 for annulment of marriage before the Regional Trial Court of Manila. Thereafter, appellant Jarillo was charged with bigamy before the Regional Trial Court of Pasay City x x x. xxxx

Parenthetically, accused-appellant filed against Alocillo, on October 5, 2000, before the Regional Trial Court of Makati, Civil Case No. 00-1217, for declaration of nullity of their marriage. On July 9, 2001, the court a quo promulgated the assailed decision, the dispositive portion of which states: WHEREFORE, upon the foregoing premises, this court hereby finds accused Victoria Soriano Jarillo GUILTY beyond reasonable doubt of the crime of BIGAMY. Accordingly, said accused is hereby sentenced to suffer an indeterminate penalty of SIX (6) YEARS of prision correccional, as minimum, to TEN (10) YEARS of prision mayor, as maximum. This court makes no pronouncement on the civil aspect of this case, such as the nullity of accuseds bigamous marriage to Uy and its effect on their children and their property. This aspect is being determined by the Regional Trial Court of Manila in Civil Case No. 99-93582. Costs against the accused. The motion for reconsideration was likewise denied by the same court in that assailed Order dated 2 August 2001.3 For her defense, petitioner insisted that (1) her 1974 and 1975 marriages to Alocillo were null and void because Alocillo was allegedly still married to a certain Loretta Tillman at the time of the celebration of their marriage; (2) her marriages to both Alocillo and Uy were null and void for lack of a valid marriage license; and (3) the action had prescribed, since Uy knew about her marriage to Alocillo as far back as 1978. On appeal to the CA, petitioners conviction was affirmed in toto. In its Decision dated July 21, 2003, the CA held that petitioner committed bigamy when she contracted marriage with Emmanuel Santos Uy because, at that time, her marriage to Rafael Alocillo had not yet been declared null and void by the court. This being so, the presumption is, her previous marriage to Alocillo was still existing at the time of her marriage to Uy. The CA also struck down, for lack of sufficient evidence, petitioners contentions that her marriages were celebrated without a marriage license, and that Uy had notice of her previous marriage as far back as 1978. In the meantime, the RTC of Makati City, Branch 140, rendered a Decision dated March 28, 2003, declaring petitioners 1974 and 1975 marriages to Alocillo null and void ab initio on the ground of Alocillos psychological incapacity. Said decision became final and executory on July 9, 2003. In her motion for reconsideration, petitioner invoked said declaration of nullity as a ground for the reversal of her conviction. However, in its Resolution dated July 8, 2004, the CA, citing Tenebro v. Court of Appeals,4 denied reconsideration and ruled that "[t]he subsequent declaration of nullity of her first marriage on the ground of psychological incapacity, while it retroacts to the date of the celebration of the marriage insofar as the vinculum between the spouses is concerned, the said marriage is not without legal consequences, among which is incurring criminal liability for bigamy."5 Hence, the present petition for review on certiorari under Rule 45 of the Rules of Court where petitioner alleges that: V.1. THE COURT OF APPEALS COMMITTED REVERSIBLE ERROR IN PROCEEDING WITH THE CASE DESPITE THE PENDENCY OF A CASE WHICH IS PREJUDICIAL TO THE OUTCOME OF THIS CASE. V.2. THE COURT OF APPEALS COMMITTED REVERSIBLE ERROR IN AFFIRMING THE CONVICTION OF PETITIONER FOR THE CRIME OF BIGAMY DESPITE THE SUPERVENING PROOF THAT THE FIRST TWO MARRIAGES OF PETITIONER TO ALOCILLO HAD BEEN DECLARED BY FINAL JUDGMENT NULL AND VOID AB INITIO.

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V.3. THE COURT OF APPEALS COMMITTED REVERSIBLE ERROR IN NOT CONSIDERING THAT THERE IS A PENDING ANNULMENT OF MARRIAGE AT THE REGIONAL TRIAL COURT BRANCH 38 BETWEEN EMMANUEL SANTOS AND VICTORIA S. JARILLO. V.4. THE COURT OF APPEALS COMMITTED REVERSIBLE ERROR IN NOT CONSIDERING THAT THE INSTANT CASE OF BIGAMY HAD ALREADY PRESCRIBED. V.5. THE COURT OF APPEALS COMMITTED REVERSIBLE ERROR IN NOT CONSIDERING THAT THE MARRIAGE OF VICTORIA JARILLO AND EMMANUEL SANTOS UY HAS NO VALID MARRIAGE LICENSE. V.6. THE COURT OF APPEALS COMMITTED REVERSIBLE ERROR IN NOT ACQUITTING THE PETITIONER BUT IMPOSED AN ERRONEOUS PENALTY UNDER THE REVISED PENAL CODE AND THE INDETERMINATE SENTENCE LAW. The first, second, third and fifth issues, being closely related, shall be discussed jointly. It is true that right after the presentation of the prosecution evidence, petitioner moved for suspension of the proceedings on the ground of the pendency of the petition for declaration of nullity of petitioners marriages to Alocillo, which, petitioner claimed involved a prejudicial question. In her appeal, she also asserted that the petition for declaration of nullity of her marriage to Uy, initiated by the latter, was a ground for suspension of the proceedings. The RTC denied her motion for suspension, while the CA struck down her arguments. In Marbella-Bobis v. Bobis,6 the Court categorically stated that: x x x as ruled in Landicho v. Relova, he who contracts a second marriage before the judicial declaration of nullity of the first marriage assumes the risk of being prosecuted for bigamy, and in such a case the criminal case may not be suspended on the ground of the pendency of a civil case for declaration of nullity. x xx xxxx x x x The reason is that, without a judicial declaration of its nullity, the first marriage is presumed to be subsisting. In the case at bar, respondent was for all legal intents and purposes regarded as a married man at the time he contracted his second marriage with petitioner. Against this legal backdrop, any decision in the civil action for nullity would not erase the fact that respondent entered into a second marriage during the subsistence of a first marriage. Thus, a decision in the civil case is not essential to the determination of the criminal charge. It is, therefore, not a prejudicial question. x x x7 The foregoing ruling had been reiterated in Abunado v. People,8 where it was held thus: The subsequent judicial declaration of the nullity of the first marriage was immaterial because prior to the declaration of nullity, the crime had already been consummated. Moreover, petitioners assertion would only delay the prosecution of bigamy cases considering that an accused could simply file a petition to declare his previous marriage void and invoke the pendency of that action as a prejudicial question in the criminal case. We cannot allow that. The outcome of the civil case for annulment of petitioners marriage to [private complainant] had no bearing upon the determination of petitioners innocence or guilt in the criminal case for bigamy, because all that is required for the charge of bigamy to prosper is that the first marriage be subsisting at the time the second marriage is contracted. Thus, under the law, a marriage, even one which is void or voidable, shall be deemed valid until declared otherwise in a judicial proceeding. In this case, even if petitioner eventually obtained a declaration that his first marriage was void ab initio,

the point is, both the first and the second marriage were subsisting before the first marriage was annulled.9 For the very same reasons elucidated in the above-quoted cases, petitioners conviction of the crime of bigamy must be affirmed. The subsequent judicial declaration of nullity of petitioners two marriages to Alocillo cannot be considered a valid defense in the crime of bigamy. The moment petitioner contracted a second marriage without the previous one having been judicially declared null and void, the crime of bigamy was already consummated because at the time of the celebration of the second marriage, petitioners marriage to Alocillo, which had not yet been declared null and void by a court of competent jurisdiction, was deemed valid and subsisting. Neither would a judicial declaration of the nullity of petitioners marriage to Uy make any difference.10 As held in Tenebro, "[s]ince a marriage contracted during the subsistence of a valid marriage is automatically void, the nullity of this second marriage is not per se an argument for the avoidance of criminal liability for bigamy. x x x A plain reading of [Article 349 of the Revised Penal Code], therefore, would indicate that the provision penalizes the mere act of contracting a second or subsequent marriage during the subsistence of a valid marriage."11 Petitioners defense of prescription is likewise doomed to fail. Under Article 349 of the Revised Penal Code, bigamy is punishable by prision mayor, which is classified under Article 25 of said Code as an afflictive penalty. Article 90 thereof provides that "[c]rimes punishable by other afflictive penalties shall prescribe in fifteen years," while Article 91 states that "[t]he period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authorities, or their agents x x x ." Petitioner asserts that Uy had known of her previous marriage as far back as 1978; hence, prescription began to run from that time. Note that the party who raises a fact as a matter of defense has the burden of proving it. The defendant or accused is obliged to produce evidence in support of its defense; otherwise, failing to establish the same, it remains self-serving.12 Thus, for petitioners defense of prescription to prosper, it was incumbent upon her to adduce evidence that as early as the year 1978, Uy already obtained knowledge of her previous marriage. A close examination of the records of the case reveals that petitioner utterly failed to present sufficient evidence to support her allegation. Petitioners testimony that her own mother told Uy in 1978 that she (petitioner) is already married to Alocillo does not inspire belief, as it is totally unsupported by any corroborating evidence. The trial court correctly observed that: x x x She did not call to the witness stand her mother the person who allegedly actually told Uy about her previous marriage to Alocillo. It must be obvious that without the confirmatory testimony of her mother, the attribution of the latter of any act which she allegedly did is hearsay.13 As ruled in Sermonia v. Court of Appeals,14 "the prescriptive period for the crime of bigamy should be counted only from the day on which the said crime was discovered by the offended party, the authorities or their [agents]," as opposed to being counted from the date of registration of the bigamous marriage.15 Since petitioner failed to prove with certainty that the period of prescription began to run as of 1978, her defense is, therefore, ineffectual.1avvphi1 Finally, petitioner avers that the RTC and the CA imposed an erroneous penalty under the Revised Penal Code. Again, petitioner is mistaken. The Indeterminate Sentence Law provides that the accused shall be sentenced to an indeterminate penalty, the maximum term of which shall be that which, in view of the attending circumstances, could be properly imposed under the Revised Penal Code, and the minimum of which shall be within the range of the penalty next

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lower than that prescribed by the Code for the offense, without first considering any modifying circumstance attendant to the commission of the crime. The Indeterminate Sentence Law leaves it entirely within the sound discretion of the court to determine the minimum penalty, as long as it is anywhere within the range of the penalty next lower without any reference to the periods into which it might be subdivided. The modifying circumstances are considered only in the imposition of the maximum term of the indeterminate sentence.16 Applying the foregoing rule, it is clear that the penalty imposed on petitioner is proper. Under Article 349 of the Revised Penal Code, the imposable penalty for bigamy is prision mayor. The penalty next lower is prision correccional, which ranges from 6 months and 1 day to 6 years. The minimum penalty of six years imposed by the trial court is, therefore, correct as it is still within the duration of prision correccional. There being no mitigating or aggravating circumstances proven in this case, the prescribed penalty of prision mayor should be imposed in its medium period, which is from 8 years and 1 day to 10 years. Again, the trial court correctly imposed a maximum penalty of 10 years. However, for humanitarian purposes, and considering that petitioners marriage to Alocillo has after all been declared by final judgment17 to be void ab initio on account of the latters psychological incapacity, by reason of which, petitioner was subjected to manipulative abuse, the Court deems it proper to reduce the penalty imposed by the lower courts. Thus, petitioner should be sentenced to suffer an indeterminate penalty of imprisonment from Two (2) years, Four (4) months and One (1) day of prision correccional, as minimum, to 8 years and 1 day of prision mayor, as maximum. IN VIEW OF THE FOREGOING, the petition is PARTLY GRANTED. The Decision of the Court of Appeals dated July 21, 2003, and its Resolution dated July 8, 2004 are hereby MODIFIED as to the penalty imposed, but AFFIRMED in all other respects. Petitioner is sentenced to suffer an indeterminate penalty of imprisonment from Two (2) years, Four (4) months and One (1) day of prision correccional, as minimum, to Eight (8) years and One (1) day of prision mayor, as maximum. SO ORDERED.

G.R. No. 149498 May 20, 2004 REPUBLIC OF THE PHILIPPINES, petitioner, vs. LOLITA QUINTERO-HAMANO, respondent. DECISION CORONA, J.: Before us is a petition for review of the decision1 dated August 20, 2001 of the Court of Appeals2 affirming the decision3 dated August 28, 1997 of the Regional Trial Court of Rizal, Branch 72, declaring as null and void the marriage contracted between herein respondent Lolita M. Quintero-Hamano and her husband Toshio Hamano. On June 17, 1996, respondent Lolita Quintero-Hamano filed a complaint for declaration of nullity of her marriage to her husband Toshio Hamano, a Japanese national, on the ground of psychological incapacity. Respondent alleged that in October 1986, she and Toshio started a common-law relationship in Japan. They later lived in the Philippines for a month. Thereafter, Toshio went back to Japan and stayed there for half of 1987. On November 16, 1987, she gave birth to their child. On January 14, 1988, she and Toshio were married by Judge Isauro M. Balderia of the Municipal Trial Court of Bacoor, Cavite. Unknown to respondent, Toshio was psychologically incapacitated to assume his marital responsibilities, which incapacity became manifest only after the marriage. One month after their marriage, Toshio returned to Japan and promised to return by Christmas to celebrate the holidays with his family. After sending money to respondent for two months, Toshio stopped giving financial support. She wrote him several times but he never responded. Sometime in 1991, respondent learned from her friends that Toshio visited the Philippines but he did not bother to see her and their child. The summons issued to Toshio remained unserved because he was no longer residing at his given address. Consequently, on July 8, 1996, respondent filed an ex parte motion for leave to effect service of summons by publication. The trial court granted the motion on July 12, 1996. In August 1996, the summons, accompanied by a copy of the petition, was published in a newspaper of general circulation giving Toshio 15 days to file his answer. Because Toshio failed to file a responsive pleading after the lapse of 60 days from publication, respondent filed a motion dated November 5, 1996 to refer the case to the prosecutor for investigation. The trial court granted the motion on November 7, 1996. On November 20, 1996, prosecutor Rolando I. Gonzales filed a report finding that no collusion existed between the parties. He prayed that the Office of the Provincial Prosecutor be allowed to intervene to ensure that the evidence submitted was not fabricated. On February 13, 1997, the trial court granted respondents motion to present her evidence ex parte. She then testified on how Toshio abandoned his family. She thereafter offered documentary evidence to support her testimony. On August 28, 1997, the trial court rendered a decision, the dispositive portion of which read: WHEREFORE, premises considered, the marriage between petitioner Lolita M. Quintero-Hamano and Toshio Hamano, is hereby declared NULL and VOID. The Civil Register of Bacoor, Cavite and the National Statistics Office are ordered to make proper entries into the records of the afore-named parties pursuant to this judgment of the Court. SO ORDERED.4

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In declaring the nullity of the marriage on the ground of Toshios psychological incapacity, the trial court held that: It is clear from the records of the case that respondent spouses failed to fulfill his obligations as husband of the petitioner and father to his daughter. Respondent remained irresponsible and unconcerned over the needs and welfare of his family. Such indifference, to the mind of the Court, is a clear manifestation of insensitivity and lack of respect for his wife and child which characterizes a very immature person. Certainly, such behavior could be traced to respondents mental incapacity and disability of entering into marital life.5 The Office of the Solicitor General, representing herein petitioner Republic of the Philippines, appealed to the Court of Appeals but the same was denied in a decision dated August 28, 1997, the dispositive portion of which read: WHEREFORE, in view of the foregoing, and pursuant to applicable law and jurisprudence on the matter and evidence on hand, judgment is hereby rendered denying the instant appeal. The decision of the court a quo is AFFIRMED. No costs. SO ORDERED.6 The appellate court found that Toshio left respondent and their daughter a month after the celebration of the marriage, and returned to Japan with the promise to support his family and take steps to make them Japanese citizens. But except for two months, he never sent any support to nor communicated with them despite the letters respondent sent. He even visited the Philippines but he did not bother to see them. Respondent, on the other hand, exerted all efforts to contact Toshio, to no avail. The appellate court thus concluded that respondent was psychologically incapacitated to perform his marital obligations to his family, and to "observe mutual love, respect and fidelity, and render mutual help and support" pursuant to Article 68 of the Family Code of the Philippines. The appellate court rhetorically asked: But what is there to preserve when the other spouse is an unwilling party to the cohesion and creation of a family as a social inviolable institution? Why should petitioner be made to suffer in a marriage where the other spouse is not around and worse, left them without even helping them cope up with family life and assist in the upbringing of their daughter as required under Articles 68 to 71 of the Family Code?7 The appellate court emphasized that this case could not be equated with Republic vs. Court of Appeals and Molina8 and Santos vs. Court of Appeals.9 In those cases, the spouses were Filipinos while this case involved a "mixed marriage," the husband being a Japanese national. Hence, this appeal by petitioner Republic based on this lone assignment of error: I The Court of Appeals erred in holding that respondent was able to prove the psychological incapacity of Toshio Hamano to perform his marital obligations, despite respondents failure to comply with the guidelines laid down in the Molina case.10 According to petitioner, mere abandonment by Toshio of his family and his insensitivity to them did not automatically constitute psychological incapacity. His behavior merely indicated simple inadequacy in the personality of a spouse falling short of reasonable expectations. Respondent failed to prove any

severe and incurable personality disorder on the part of Toshio, in accordance with the guidelines set in Molina. The Office of the Public Attorney, representing respondent, reiterated the ruling of the courts a quo and sought the denial of the instant petition. We rule in favor of petitioner. The Court is mindful of the policy of the 1987 Constitution to protect and strengthen the family as the basic autonomous social institution and marriage as the foundation of the family.11 Thus, any doubt should be resolved in favor of the validity of the marriage.12 Respondent seeks to annul her marriage with Toshio on the ground of psychological incapacity. Article 36 of the Family Code of the Philippines provides that: 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. In Molina, we came up with the following guidelines in the interpretation and application of Article 36 for the guidance of the bench and the bar: (1) The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity. This is rooted in the fact that both our Constitution and our laws cherish the validity of marriage and unity of the family. x x x (2) The root cause of the psychological incapacity must be: (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision. Article 36 of the Family Code requires that the incapacity must be psychological - not physical, although its manifestations and/or symptoms may be physical. The evidence must convince the court that the parties, or one of them, was mentally or psychically ill to such an extent that the person could not have known the obligations he was assuming, or knowing them, could not have given valid assumption thereof. Although no example of such incapacity need be given here so as not to limit the application of the provision under the principle of ejusdem generis (Salita vs. Magtolis, 233 SCRA 100, June 13, 1994), nevertheless such root cause must be identified as a psychological illness and its incapacitating nature fully explained. Expert evidence may be given by qualified psychiatrists and clinical psychologists. (3) The incapacity must be proven to be existing at "the time of the celebration" of the marriage. The evidence must show that the illness was existing when the parties exchanged their "I dos." The manifestation of the illness need not be perceivable at such time, but the illness itself must have attached at such moment, or prior thereto. (4) Such incapacity must also be shown to be medically or clinically permanent or incurable. Such incurability may be absolute or even relative only in regard to the other spouse, not necessarily absolutely against everyone of the same sex. Furthermore, such incapacity must be relevant to the assumption of marriage obligations, not necessarily to those not related to marriage, like the exercise of a profession or employment in a job. Hence, a pediatrician may be effective in diagnosing illnesses of children and

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prescribing medicine to cure them but may not be psychologically capacitated to procreate, bear and raise his/her own children as an essential obligation of marriage. (5) Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage. Thus, "mild characteriological peculiarities, mood changes, occasional emotional outbursts" cannot be accepted as root causes. The illness must be shown as downright incapacity or inability, not a refusal, neglect or difficulty, much less ill will. In other words, there is a natal or supervening disabling factor in the person, an adverse integral element in the personality structure that effectively incapacitates the person from really accepting and thereby complying with the obligations essential to marriage. (6) The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the same Code in regard to parents and their children. Such non-complied marital obligation(s) must also be stated in the petition, proven by evidence and included in the text of the decision. (7) Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts. x x x (8) The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state. No decision shall be handed down unless the Solicitor General issues a certification, which will be quoted in the decision, briefly stating therein his reasons for his agreement or opposition, as the case may be, to the petition. The Solicitor-General, along with the prosecuting attorney, shall submit to the court such certification within fifteen (15) days from the date the case is deemed submitted for resolution of the court. The Solicitor-General shall discharge the equivalent function of the defensor vinculicontemplated under Canon 1095.13 (emphasis supplied) The guidelines incorporate the three basic requirements earlier mandated by the Court in Santos: "psychological incapacity must be characterized by (a) gravity (b) juridical antecedence and (c) incurability."14 The foregoing guidelines do not require that a physician examine the person to be declared psychologically incapacitated. In fact, the root cause may be "medically or clinically identified." What is important is the presence of evidence that can adequately establish the partys psychological condition. For indeed, if the totality of evidence presented is enough to sustain a finding of psychological incapacity, then actual medical examination of the person concerned need not be resorted to.15 We now proceed to determine whether respondent successfully proved Toshios psychological incapacity to fulfill his marital responsibilities. Petitioner showed that Toshio failed to meet his duty to live with, care for and support his family. He abandoned them a month after his marriage to respondent. Respondent sent him several letters but he never replied. He made a trip to the Philippines but did not care at all to see his family. We find that the totality of evidence presented fell short of proving that Toshio was psychologically incapacitated to assume his marital responsibilities. Toshios act of abandonment was doubtlessly irresponsible but it was never alleged nor proven to be due to some kind of psychological illness. After respondent testified on how Toshio abandoned his family, no other evidence was presented showing that his behavior was caused by a

psychological disorder. Although, as a rule, there was no need for an actual medical examination, it would have greatly helped respondents case had she presented evidence that medically or clinically identified his illness. This could have been done through an expert witness. This respondent did not do. We must remember that abandonment is also a ground for legal separation.16 There was no showing that the case at bar was not just an instance of abandonment in the context of legal separation. We cannot presume psychological defect from the mere fact that Toshio abandoned his family immediately after the celebration of the marriage. As we ruled in Molina, it is not enough to prove that a spouse failed to meet his responsibility and duty as a married person; it is essential that he must be shown to be incapable of doing so due to some psychological,not physical, illness.17 There was no proof of a natal or supervening disabling factor in the person, an adverse integral element in the personality structure that effectively incapacitates a person from accepting and complying with the obligations essential to marriage.18 According to the appellate court, the requirements in Molina and Santos do not apply here because the present case involves a "mixed marriage," the husband being a Japanese national. We disagree. In proving psychological incapacity, we find no distinction between an alien spouse and a Filipino spouse. We cannot be lenient in the application of the rules merely because the spouse alleged to be psychologically incapacitated happens to be a foreign national. The medical and clinical rules to determine psychological incapacity were formulated on the basis of studies of human behavior in general. Hence, the norms used for determining psychological incapacity should apply to any person regardless of nationality. In Pesca vs. Pesca,19 this Court declared that marriage is an inviolable social institution that the State cherishes and protects. While we commiserate with respondent, terminating her marriage to her husband may not necessarily be the fitting denouement. WHEREFORE, the petition for review is hereby GRANTED. The decision dated August 28, 1997 of the Court of Appeals is hereby REVERSED and SET ASIDE. SO ORDERED.

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G.R. No. 155800

March 10, 2006

LEONILO ANTONIO Petitioner, vs. MARIE IVONNE F. REYES, Respondent. DECISION TINGA, J.: Statistics never lie, but lovers often do, quipped a sage. This sad truth has unsettled many a love transformed into matrimony. Any sort of deception between spouses, no matter the gravity, is always disquieting. Deceit to the depth and breadth unveiled in the following pages, dark and irrational as in the modern noir tale, dims any trace of certitude on the guilty spouses capability to fulfill the marital obligations even more. The Petition for Review on Certiorari assails the Decision1 and Resolution2 of the Court of Appeals dated 29 November 2001 and 24 October 2002. The Court of Appeals had reversed the judgment3 of the Regional Trial Court (RTC) of Makati declaring the marriage of Leonilo N. Antonio (petitioner) and Marie Ivonne F. Reyes (respondent), null and void. After careful consideration, we reverse and affirm instead the trial court. Antecedent Facts Petitioner and respondent met in August 1989 when petitioner was 26 years old and respondent was 36 years of age. Barely a year after their first meeting, they got married before a minister of the Gospel4 at the Manila City Hall, and through a subsequent church wedding5 at the Sta. Rosa de Lima Parish, Bagong Ilog, Pasig, Metro Manila on 6 December 1990.6 Out of their union, a child was born on 19 April 1991, who sadly died five (5) months later. On 8 March 1993,7 petitioner filed a petition to have his marriage to respondent declared null and void. He anchored his petition for nullity on Article 36 of the Family Code alleging that respondent was psychologically incapacitated to comply with the essential obligations of marriage. He asserted that respondents incapacity existed at the time their marriage was celebrated and still subsists up to the present.8 As manifestations of respondents alleged psychological incapacity, petitioner claimed that respondent persistently lied about herself, the people around her, her occupation, income, educational attainment and other events or things, 9 to wit: (1) She concealed the fact that she previously gave birth to an illegitimate son,10 and instead introduced the boy to petitioner as the adopted child of her family. She only confessed the truth about the boys parentage when petitioner learned about it from other sources after their marriage.11 (2) She fabricated a story that her brother-in-law, Edwin David, attempted to rape and kill her when in fact, no such incident occurred.12 (3) She misrepresented herself as a psychiatrist to her obstetrician, Dr. Consuelo Gardiner, and told some of her friends that she graduated with a degree in psychology, when she was neither.13 (4) She claimed to be a singer or a free-lance voice talent affiliated with Blackgold Recording Company (Blackgold); yet, not a single member of her family ever witnessed her alleged singing activities with the group. In the same vein, she postulated that a luncheon show was held at the Philippine Village Hotel in her honor and even presented an invitation to that effect14 but petitioner discovered per certification by the Director of Sales of said hotel that no such occasion had taken place.15

(5) She invented friends named Babes Santos and Via Marquez, and under those names, sent lengthy letters to petitioner claiming to be from Blackgold and touting her as the "number one moneymaker" in the commercial industry worth P2 million.16 Petitioner later found out that respondent herself was the one who wrote and sent the letters to him when she admitted the truth in one of their quarrels.17 He likewise realized that Babes Santos and Via Marquez were only figments of her imagination when he discovered they were not known in or connected with Blackgold.18 (6) She represented herself as a person of greater means, thus, she altered her payslip to make it appear that she earned a higher income. She bought a sala set from a public market but told petitioner that she acquired it from a famous furniture dealer.19 She spent lavishly on unnecessary items and ended up borrowing money from other people on false pretexts.20 (7) She exhibited insecurities and jealousies over him to the extent of calling up his officemates to monitor his whereabouts. When he could no longer take her unusual behavior, he separated from her in August 1991. He tried to attempt a reconciliation but since her behavior did not change, he finally left her for good in November 1991.21 In support of his petition, petitioner presented Dr. Dante Herrera Abcede (Dr. Abcede), a psychiatrist, and Dr. Arnulfo V. Lopez (Dr. Lopez), a clinical psychologist, who stated, based on the tests they conducted, that petitioner was essentially a normal, introspective, shy and conservative type of person. On the other hand, they observed that respondents persistent and constant lying to petitioner was abnormal or pathological. It undermined the basic relationship that should be based on love, trust and respect.22 They further asserted that respondents extreme jealousy was also pathological. It reached the point of paranoia since there was no actual basis for her to suspect that petitioner was having an affair with another woman. They concluded based on the foregoing that respondent was psychologically incapacitated to perform her essential marital obligations.23 In opposing the petition, respondent claimed that she performed her marital obligations by attending to all the needs of her husband. She asserted that there was no truth to the allegation that she fabricated stories, told lies and invented personalities.24 She presented her version, thus: (1) She concealed her child by another man from petitioner because she was afraid of losing her husband.25 (2) She told petitioner about Davids attempt to rape and kill her because she surmised such intent from Davids act of touching her back and ogling her from head to foot.26 (3) She was actually a BS Banking and Finance graduate and had been teaching psychology at the Pasig Catholic School for two (2) years.27 (4) She was a free-lance voice talent of Aris de las Alas, an executive producer of Channel 9 and she had done three (3) commercials with McCann Erickson for the advertisement of Coca-cola, Johnson & Johnson, and Traders Royal Bank. She told petitioner she was a Blackgold recording artist although she was not under contract with the company, yet she reported to the Blackgold office after office hours. She claimed that a luncheon show was indeed held in her honor at the Philippine Village Hotel on 8 December 1979.28 (5) She vowed that the letters sent to petitioner were not written by her and the writers thereof were not fictitious. Bea Marquez Recto of the Recto political clan was a resident of the United States while Babes Santos was employed with Saniwares.29

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(6) She admitted that she called up an officemate of her husband but averred that she merely asked the latter in a diplomatic matter if she was the one asking for chocolates from petitioner, and not to monitor her husbands whereabouts.30 (7) She belied the allegation that she spent lavishly as she supported almost ten people from her monthly budget of P7,000.00.31 In fine, respondent argued that apart from her non-disclosure of a child prior to their marriage, the other lies attributed to her by petitioner were mostly hearsay and unconvincing. Her stance was that the totality of the evidence presented is not sufficient for a finding of psychological incapacity on her part.32 In addition, respondent presented Dr. Antonio Efren Reyes (Dr. Reyes), a psychiatrist, to refute the allegations anent her psychological condition. Dr. Reyes testified that the series of tests conducted by his assistant,33together with the screening procedures and the Comprehensive Psycho-Pathological Rating Scale (CPRS) he himself conducted, led him to conclude that respondent was not psychologically incapacitated to perform the essential marital obligations. He postulated that regressive behavior, gross neuroticism, psychotic tendencies, and poor control of impulses, which are signs that might point to the presence of disabling trends, were not elicited from respondent.34 In rebuttal, Dr. Lopez asseverated that there were flaws in the evaluation conducted by Dr. Reyes as (i) he was not the one who administered and interpreted respondents psychological evaluation, and (ii) he made use of only one instrument called CPRS which was not reliable because a good liar can fake the results of such test.35 After trial, the lower court gave credence to petitioners evidence and held that respondents propensity to lying about almost anythingher occupation, state of health, singing abilities and her income, among othershad been duly established. According to the trial court, respondents fantastic ability to invent and fabricate stories and personalities enabled her to live in a world of make-believe. This made her psychologically incapacitated as it rendered her incapable of giving meaning and significance to her marriage.36 The trial court thus declared the marriage between petitioner and respondent null and void. Shortly before the trial court rendered its decision, the Metropolitan Tribunal of the Archdiocese of Manila annulled the Catholic marriage of the parties, on the ground of lack of due discretion on the part of the parties.37 During the pendency of the appeal before the Court of Appeals, the Metropolitan Tribunals ruling was affirmed with modification by both the National Appellate Matrimonial Tribunal, which held instead that only respondent was impaired by a lack of due discretion.38 Subsequently, the decision of the National Appellate Matrimonial Tribunal was upheld by the Roman Rota of the Vatican.39 Petitioner duly alerted the Court of Appeals of these rulings by the Catholic tribunals. Still, the appellate court reversed the RTCs judgment. While conceding that respondent may not have been completely honest with petitioner, the Court of Appeals nevertheless held that the totality of the evidence presented was insufficient to establish respondents psychological incapacity. It declared that the requirements in the case of Republic v. Court of Appeals40 governing the application and interpretation of psychological incapacity had not been satisfied. Taking exception to the appellate courts pronouncement, petitioner elevated the case to this Court. He contends herein that the evidence conclusively establish respondents psychological incapacity. In considering the merit of this petition, the Court is heavily influenced by the credence accorded by the RTC to the factual allegations of petitioner.41 It is a settled principle of civil

procedure that the conclusions of the trial court regarding the credibility of witnesses are entitled to great respect from the appellate courts because the trial court had an opportunity to observe the demeanor of witnesses while giving testimony which may indicate their candor or lack thereof.42 The Court is likewise guided by the fact that the Court of Appeals did not dispute the veracity of the evidence presented by petitioner. Instead, the appellate court concluded that such evidence was not sufficient to establish the psychological incapacity of respondent.43 Thus, the Court is impelled to accept the factual version of petitioner as the operative facts. Still, the crucial question remains as to whether the state of facts as presented by petitioner sufficiently meets the standards set for the declaration of nullity of a marriage under Article 36 of the Family Code. These standards were definitively laid down in the Courts 1997 ruling in Republic v. Court of Appeals44 (also known as the Molina case45), and indeed the Court of Appeals cited the Molina guidelines in reversing the RTC in the case at bar.46 Since Molinawas decided in 1997, the Supreme Court has yet to squarely affirm the declaration of nullity of marriage under Article 36 of the Family Code.47 In fact, even before Molina was handed down, there was only one case, Chi Ming Tsoi v. Court of Appeals,48 wherein the Court definitively concluded that a spouse was psychologically incapacitated under Article 36. This state of jurisprudential affairs may have led to the misperception that the remedy afforded by Article 36 of the Family Code is hollow, insofar as the Supreme Court is concerned.49 Yet what Molina and the succeeding cases did ordain was a set of guidelines which, while undoubtedly onerous on the petitioner seeking the declaration of nullity, still leave room for a decree of nullity under the proper circumstances. Molina did not foreclose the grant of a decree of nullity under Article 36, even as it raised the bar for its allowance. Legal Guides to Understanding Article 36 Article 36 of the Family Code states that "[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."50 The concept of psychological incapacity as a ground for nullity of marriage is novel in our body of laws, although mental incapacity has long been recognized as a ground for the dissolution of a marriage. The Spanish Civil Code of 1889 prohibited from contracting marriage persons "who are not in the full enjoyment of their reason at the time of contracting marriage."51 Marriages with such persons were ordained as void,52 in the same class as marriages with underage parties and persons already married, among others. A partys mental capacity was not a ground for divorce under the Divorce Law of 1917,53 but a marriage where "either party was of unsound mind" at the time of its celebration was cited as an "annullable marriage" under the Marriage Law of 1929.54 Divorce on the ground of a spouses incurable insanity was permitted under the divorce law enacted during the Japanese occupation.55 Upon the enactment of the Civil Code in 1950, a marriage contracted by a party of "unsound mind" was classified under Article 85 of the Civil Code as a voidable marriage.56 The mental capacity, or lack thereof, of the marrying spouse was not among the grounds for declaring a marriage void ab initio.57 Similarly, among the marriages classified as voidable under Article 45 (2) of the Family Code is one contracted by a party of unsound mind.58 Such cause for the annulment of marriage is recognized as a vice of consent, just like insanity impinges on consent freely given which is one of the essential requisites of a contract.59 The initial common consensus on psychological incapacity under Article 36 of the Family Code was that it did not constitute a specie of vice of consent. Justices Sempio-Diy and Caguioa, both members of the Family Code revision committee that drafted the Code, have opined that psychological incapacity is not a vice of consent, and

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conceded that the spouse may have given free and voluntary consent to a marriage but was nonetheless incapable of fulfilling such rights and obligations.60 Dr. Tolentino likewise stated in the 1990 edition of his commentaries on the Family Code that this "psychological incapacity to comply with the essential marital obligations does not affect the consent to the marriage."61 There were initial criticisms of this original understanding of Article 36 as phrased by the Family Code committee. Tolentino opined that "psychologically incapacity to comply would not be juridically different from physical incapacity of consummating the marriage, which makes the marriage only voidable under Article 45 (5) of the Civil Code x x x [and thus] should have been a cause for annulment of the marriage only."62 At the same time, Tolentino noted "[it] would be different if it were psychological incapacity to understand the essential marital obligations, because then this would amount to lack of consent to the marriage."63 These concerns though were answered, beginning with Santos v. Court of Appeals,64 wherein the Court, through Justice Vitug, acknowledged that "psychological incapacity should refer to no less than a mental (not physical) incapacity that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage."65 The notion that psychological incapacity pertains to the inability to understand the obligations of marriage, as opposed to a mere inability to comply with them, was further affirmed in the Molina66 case. Therein, the Court, through then Justice (now Chief Justice) Panganiban observed that "[t]he evidence [to establish psychological incapacity] must convince the court that the parties, or one of them, was mentally or psychically ill to such extent that the person could not have known the obligations he was assuming, or knowing them, could not have given valid assumption thereto."67 Jurisprudence since then has recognized that psychological incapacity "is a malady so grave and permanent as to deprive one of awareness of the duties and responsibilities of the matrimonial bond one is about to assume."68 It might seem that this present understanding of psychological incapacity deviates from the literal wording of Article 36, with its central phase reading "psychologically incapacitated to comply with the essential marital obligations of marriage."69 At the same time, it has been consistently recognized by this Court that the intent of the Family Code committee was to design the law as to allow some resiliency in its application, by avoiding specific examples that would limit the applicability of the provision under the principle ofejusdem generis. Rather, the preference of the revision committee was for "the judge to interpret the provision ona case-to-case basis, guided by experience, in the findings of experts and researchers in psychological disciplines, and by decisions of church tribunals which, although not binding on the civil courts, may be given persuasive effect since the provision was taken from Canon Law."70 We likewise observed in Republic v. Dagdag:71 Whether or not psychological incapacity exists in a given case calling for annulment of a marriage, depends crucially, more than in any field of the law, on the facts of the case. Each case must be judged, not on the basis of a priori assumptions, predilections or generalizations but according to its own facts. In regard to psychological incapacity as a ground for annulment of marriage, it is trite to say that no case is on "all fours" with another case. The trial judge must take pains in examining the factual milieu and the appellate court must, as much as possible, avoid substituting its own judgment for that of the trial court.72 The Court thus acknowledges that the definition of psychological incapacity, as intended by the revision committee, was not cast in intractable specifics. Judicial understanding of psychological

incapacity may be informed by evolving standards, taking into account the particulars of each case, current trends in psychological and even canonical thought, and experience. It is under the auspices of the deliberate ambiguity of the framers that the Court has developed the Molina rules, which have been consistently applied since 1997. Molina has proven indubitably useful in providing a unitary framework that guides courts in adjudicating petitions for declaration of nullity under Article 36. At the same time, the Molina guidelines are not set in stone, the clear legislative intent mandating a case-to-case perception of each situation, and Molina itself arising from this evolutionary understanding of Article 36. There is no cause to disavow Molina at present, and indeed the disposition of this case shall rely primarily on that precedent. There is need though to emphasize other perspectives as well which should govern the disposition of petitions for declaration of nullity under Article 36. Of particular notice has been the citation of the Court, first in Santos then in Molina, of the considered opinion of canon law experts in the interpretation of psychological incapacity. This is but unavoidable, considering that the Family Code committee had bluntly acknowledged that the concept of psychological incapacity was derived from canon law,73 and as one member admitted, enacted as a solution to the problem of marriages already annulled by the Catholic Church but still existent under civil law.74 It would be disingenuous to disregard the influence of Catholic Church doctrine in the formulation and subsequent understanding of Article 36, and the Court has expressly acknowledged that interpretations given by the National Appellate Matrimonial Tribunal of the local Church, while not controlling or decisive, should be given great respect by our courts.75 Still, it must be emphasized that the Catholic Church is hardly the sole source of influence in the interpretation of Article 36. Even though the concept may have been derived from canon law, its incorporation into the Family Code and subsequent judicial interpretation occurred in wholly secular progression. Indeed, while Church thought on psychological incapacity is merely persuasive on the trial courts, judicial decisions of this Court interpreting psychological incapacity are binding on lower courts.76 Now is also opportune time to comment on another common legal guide utilized in the adjudication of petitions for declaration of nullity under Article 36. All too frequently, this Court and lower courts, in denying petitions of the kind, have favorably cited Sections 1 and 2, Article XV of the Constitution, which respectively state that "[t]he State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total developmen[t]," and that "[m]arriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State." These provisions highlight the importance of the family and the constitutional protection accorded to the institution of marriage. But the Constitution itself does not establish the parameters of state protection to marriage as a social institution and the foundation of the family. It remains the province of the legislature to define all legal aspects of marriage and prescribe the strategy and the modalities to protect it, based on whatever socio-political influences it deems proper, and subject of course to the qualification that such legislative enactment itself adheres to the Constitution and the Bill of Rights. This being the case, it also falls on the legislature to put into operation the constitutional provisions that protect marriage and the family. This has been accomplished at present through the enactment of the Family Code, which defines marriage and the family, spells out the corresponding legal effects, imposes the limitations that affect married and family life, as well as prescribes the grounds for declaration of nullity and those for legal separation. While it may appear that the judicial denial of a petition for declaration of nullity is reflective of the constitutional mandate to protect marriage, such action in fact merely enforces a statutory definition of marriage, not a constitutionally ordained decree of what marriage is. Indeed, if circumstances warrant, Sections 1 and 2 of Article XV need not be the only constitutional considerations to be taken into account in resolving a petition for declaration of nullity.

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Indeed, Article 36 of the Family Code, in classifying marriages contracted by a psychologically incapacitated person as a nullity, should be deemed as an implement of this constitutional protection of marriage. Given the avowed State interest in promoting marriage as the foundation of the family, which in turn serves as the foundation of the nation, there is a corresponding interest for the State to defend against marriages ill-equipped to promote family life. Void ab initio marriages under Article 36 do not further the initiatives of the State concerning marriage and family, as they promote wedlock among persons who, for reasons independent of their will, are not capacitated to understand or comply with the essential obligations of marriage. These are the legal premises that inform us as we decide the present petition. Molina Guidelines As Applied in This Case As stated earlier, Molina established the guidelines presently recognized in the judicial disposition of petitions for nullity under Article 36. The Court has consistently applied Molina since its promulgation in 1997, and the guidelines therein operate as the general rules. They warrant citation in full: 1) The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity. This is rooted in the fact that both our Constitution and our laws cherish the validity of marriage and unity of the family. Thus, our Constitution devotes an entire Article on the Family, recognizing it "as the foundation of the nation." It decrees marriage as legally "inviolable," thereby protecting it from dissolution at the whim of the parties. Both the family and marriage are to be "protected" by the state. The Family Code echoes this constitutional edict on marriage and the family and emphasizes their permanence, inviolability and solidarity. 2) The root cause of the psychological incapacity must be: (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision. Article 36 of the Family Code requires that the incapacity must be psychologicalnot physical, although its manifestations and/or symptoms may be physical. The evidence must convince the court that the parties, or one of them, was mentally or psychically ill to such an extent that the person could not have known the obligations he was assuming, or knowing them, could not have given valid assumption thereof. Although no example of such incapacity need be given here so as not to limit the application of the provision under the principle ofejusdem generis, nevertheless such root cause must be identified as a psychological illness and its incapacitating nature fully explained. Expert evidence may be given by qualified psychiatrists and clinical psychologists. 3) The incapacity must be proven to be existing at "the time of the celebration" of the marriage. The evidence must show that the illness was existing when the parties exchanged their "I dos." The manifestation of the illness need not be perceivable at such time, but the illness itself must have attached at such moment, or prior thereto. 4) Such incapacity must also be shown to be medically or clinically permanent or incurable. Such incurability may be absolute or even relative only in regard to the other spouse, not necessarily absolutely against everyone of the same sex. Furthermore, such incapacity must be relevant to the assumption of marriage

obligations, not necessarily to those not related to marriage, like the exercise of a profession or employment in a job. Hence, a pediatrician may be effective in diagnosing illnesses of children and prescribing medicine to cure them but not be psychologically capacitated to procreate, bear and raise his/her own children as an essential obligation of marriage. 5) Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage. Thus, "mild characteriological peculiarities, mood changes, occasional emotional outbursts" cannot be accepted as root causes. The illness must be shown as downright incapacity or inability, not a refusal, neglect or difficulty, much less ill will. In other words, there is a natal or supervening disabling factor in the person, an adverse integral element in the personality structure that effectively incapacitates the person from really accepting and thereby complying with the obligations essential to marriage. 6) The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the same Code in regard to parents and their children. Such non-complied marital obligation(s) must also be stated in the petition, proven by evidence and included in the text of the decision. 7) Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts. It is clear that Article 36 was taken by the Family Code Revision Committee from Canon 1095 of the New Code of Canon Law, which became effective in 1983 and which provides: "The following are incapable of contracting marriage: Those who are unable to assume the essential obligations of marriage due to causes of psychological nature." Since the purpose of including such provision in our Family Code is to harmonize our civil laws with the religious faith of our people, it stands to reason that to achieve such harmonization, great persuasive weight should be given to decisions of such appellate tribunal. Ideallysubject to our law on evidence what is decreed as canonically invalid should also be decreed civilly void.77 Molina had provided for an additional requirement that the Solicitor General issue a certification stating his reasons for his agreement or opposition to the petition.78 This requirement however was dispensed with following the implementation of A.M. No. 02-11-10-SC, or the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages.79 Still, Article 48 of the Family Code mandates that the appearance of the prosecuting attorney or fiscal assigned be on behalf of the State to take steps to prevent collusion between the parties and to take care that evidence is not fabricated or suppressed. Obviously, collusion is not an issue in this case, considering the consistent vigorous opposition of respondent to the petition for declaration of nullity. In any event, the fiscals participation in the hearings before the trial court is extant from the records of this case. As earlier noted, the factual findings of the RTC are now deemed binding on this Court, owing to the great weight accorded to the opinion of the primary trier of facts, and the refusal of the Court of Appeals to dispute the veracity of these facts. As such, it must be considered that respondent had consistently lied about many material aspects as to her character and personality. The question remains whether her pattern of fabrication sufficiently establishes her psychological incapacity, consistent with Article 36 and generally, the Molina guidelines.

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We find that the present case sufficiently satisfies the guidelines in Molina. First. Petitioner had sufficiently overcome his burden in proving the psychological incapacity of his spouse. Apart from his own testimony, he presented witnesses who corroborated his allegations on his wifes behavior, and certifications from Blackgold Records and the Philippine Village Hotel Pavillon which disputed respondents claims pertinent to her alleged singing career. He also presented two (2) expert witnesses from the field of psychology who testified that the aberrant behavior of respondent was tantamount to psychological incapacity. In any event, both courts below considered petitioners evidence as credible enough. Even the appellate court acknowledged that respondent was not totally honest with petitioner.80 As in all civil matters, the petitioner in an action for declaration of nullity under Article 36 must be able to establish the cause of action with a preponderance of evidence. However, since the action cannot be considered as a non-public matter between private parties, but is impressed with State interest, the Family Code likewise requires the participation of the State, through the prosecuting attorney, fiscal, or Solicitor General, to take steps to prevent collusion between the parties and to take care that evidence is not fabricated or suppressed. Thus, even if the petitioner is able establish the psychological incapacity of respondent with preponderant evidence, any finding of collusion among the parties would necessarily negate such proofs. Second. The root cause of respondents psychological incapacity has been medically or clinically identified, alleged in the complaint, sufficiently proven by experts, and clearly explained in the trial courts decision. The initiatory complaint alleged that respondent, from the start, had exhibited unusual and abnormal behavior "of peren[n]ially telling lies, fabricating ridiculous stories, and inventing personalities and situations," of writing letters to petitioner using fictitious names, and of lying about her actual occupation, income, educational attainment, and family background, among others.81 These allegations, initially characterized in generalities, were further linked to medical or clinical causes by expert witnesses from the field of psychology. Petitioner presented two (2) such witnesses in particular. Dr. Abcede, a psychiatrist who had headed the department of psychiatry of at least two (2) major hospitals,82 testified as follows: WITNESS: Given that as a fact, which is only based on the affidavit provided to me, I can say that there are a couple of things that [are] terribly wrong with the standards. There are a couple of things that seems (sic) to be repeated over and over again in the affidavit. One of which is the persistent, constant and repeated lying of the "respondent"; which, I think, based on assessment of normal behavior of an individual, is abnormal or pathological. x x x ATTY. RAZ: (Back to the witness) Q- Would you say then, Mr. witness, that because of these actuations of the respondent she is then incapable of performing the basic obligations of her marriage? A- Well, persistent lying violates the respect that one owes towards another. The lack of concern, the lack of love towards the person, and it is also something that endangers human relationship. You see, relationship is based on communication between individuals and what we generally communicate are our thoughts and feelings. But then when one talks and expresse[s] their feelings, [you] are expected to tell the truth. And therefore, if you constantly lie, what do you think is going to happen as far as this relationship is concerned. Therefore, it undermines that basic relationship that should be based on love, trust and respect. Q- Would you say then, Mr. witness, that due to the behavior of the respondent in constantly lying and fabricating stories, she is

then incapable of performing the basic obligations of the marriage? xxx ATTY. RAZ: (Back to the witness) Q- Mr. witness, based on the testimony of Mr. Levy Mendoza, who is the third witness for the petitioner, testified that the respondent has been calling up the petitioners officemates and ask him (sic) on the activities of the petitioner and ask him on the behavior of the petitioner. And this is specifically stated on page six (6) of the transcript of stenographic notes, what can you say about this, Mr. witness? A- If an individual is jealous enough to the point that he is paranoid, which means that there is no actual basis on her suspect (sic) that her husband is having an affair with a woman, if carried on to the extreme, then that is pathological. That is not abnormal. We all feel jealous, in the same way as we also lie every now and then; but everything that is carried out in extreme is abnormal or pathological. If there is no basis in reality to the fact that the husband is having an affair with another woman and if she persistently believes that the husband is having an affair with different women, then that is pathological and we call that paranoid jealousy. Q- Now, if a person is in paranoid jealousy, would she be considered psychologically incapacitated to perform the basic obligations of the marriage? A- Yes, Maam.83 The other witness, Dr. Lopez, was presented to establish not only the psychological incapacity of respondent, but also the psychological capacity of petitioner. He concluded that respondent "is [a] pathological liar, that [she continues] to lie [and] she loves to fabricate about herself."84 These two witnesses based their conclusions of psychological incapacity on the case record, particularly the trial transcripts of respondents testimony, as well as the supporting affidavits of petitioner. While these witnesses did not personally examine respondent, the Court had already held in Marcos v. Marcos85 that personal examination of the subject by the physician is not required for the spouse to be declared psychologically incapacitated.86 We deem the methodology utilized by petitioners witnesses as sufficient basis for their medical conclusions. Admittedly, Drs. Abcede and Lopezs common conclusion of respondents psychological incapacity hinged heavily on their own acceptance of petitioners version as the true set of facts. However, since the trial court itself accepted the veracity of petitioners factual premises, there is no cause to dispute the conclusion of psychological incapacity drawn therefrom by petitioners expert witnesses. Also, with the totality of the evidence presented as basis, the trial court explicated its finding of psychological incapacity in its decision in this wise: To the mind of the Court, all of the above are indications that respondent is psychologically incapacitated to perform the essential obligations of marriage. It has been shown clearly from her actuations that respondent has that propensity for telling lies about almost anything, be it her occupation, her state of health, her singing abilities, her income, etc. She has this fantastic ability to invent and fabricate stories and personalities. She practically lived in a world of make believe making her therefore not in a position to give meaning and significance to her marriage to petitioner. In persistently and constantly lying to petitioner, respondent undermined the basic tenets of relationship between spouses that is based on love, trust and respect. As concluded by the psychiatrist presented by petitioner, such repeated lying is abnormal and pathological and amounts to psychological incapacity.87

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Third. Respondents psychological incapacity was established to have clearly existed at the time of and even before the celebration of marriage. She fabricated friends and made up letters from fictitious characters well before she married petitioner. Likewise, she kept petitioner in the dark about her natural childs real parentage as she only confessed when the latter had found out the truth after their marriage. Fourth. The gravity of respondents psychological incapacity is sufficient to prove her disability to assume the essential obligations of marriage. It is immediately discernible that the parties had shared only a little over a year of cohabitation before the exasperated petitioner left his wife. Whatever such circumstance speaks of the degree of tolerance of petitioner, it likewise supports the belief that respondents psychological incapacity, as borne by the record, was so grave in extent that any prolonged marital life was dubitable. It should be noted that the lies attributed to respondent were not adopted as false pretenses in order to induce petitioner into marriage. More disturbingly, they indicate a failure on the part of respondent to distinguish truth from fiction, or at least abide by the truth. Petitioners witnesses and the trial court were emphatic on respondents inveterate proclivity to telling lies and the pathologic nature of her mistruths, which according to them, were revelatory of respondents inability to understand and perform the essential obligations of marriage. Indeed, a person unable to distinguish between fantasy and reality would similarly be unable to comprehend the legal nature of the marital bond, much less its psychic meaning, and the corresponding obligations attached to marriage, including parenting. One unable to adhere to reality cannot be expected to adhere as well to any legal or emotional commitments. The Court of Appeals somehow concluded that since respondent allegedly tried her best to effect a reconciliation, she had amply exhibited her ability to perform her marital obligations. We are not convinced. Given the nature of her psychological condition, her willingness to remain in the marriage hardly banishes nay extenuates her lack of capacity to fulfill the essential marital obligations. Respondents ability to even comprehend what the essential marital obligations are is impaired at best. Considering that the evidence convincingly disputes respondents ability to adhere to the truth, her avowals as to her commitment to the marriage cannot be accorded much credence. At this point, it is worth considering Article 45(3) of the Family Code which states that a marriage may be annulled if the consent of either party was obtained by fraud, and Article 46 which enumerates the circumstances constituting fraud under the previous article, clarifies that "no other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage." It would be improper to draw linkages between misrepresentations made by respondent and the misrepresentations under Articles 45 (3) and 46. The fraud under Article 45(3) vitiates the consent of the spouse who is lied to, and does not allude to vitiated consent of the lying spouse. In this case, the misrepresentations of respondent point to her own inadequacy to cope with her marital obligations, kindred to psychological incapacity under Article 36. Fifth. Respondent is evidently unable to comply with the essential marital obligations as embraced by Articles 68 to 71 of the Family Code. Article 68, in particular, enjoins the spouses to live together, observe mutual love, respect and fidelity, and render mutual help and support. As noted by the trial court, it is difficult to see how an inveterate pathological liar would be able to commit to the basic tenets of relationship between spouses based on love, trust and respect. Sixth. The Court of Appeals clearly erred when it failed to take into consideration the fact that the marriage of the parties was annulled by the Catholic Church. The appellate court apparently deemed this detail totally inconsequential as no reference was made to it anywhere in the assailed decision despite petitioners efforts to bring the matter to its attention.88 Such deliberate

ignorance is in contravention of Molina, which held that interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts. As noted earlier, the Metropolitan Tribunal of the Archdiocese of Manila decreed the invalidity of the marriage in question in a Conclusion89 dated 30 March 1995, citing the "lack of due discretion" on the part of respondent.90Such decree of nullity was affirmed by both the National Appellate Matrimonial Tribunal,91 and the Roman Rota of the Vatican.92 In fact, respondents psychological incapacity was considered so grave that a restrictive clause93was appended to the sentence of nullity prohibiting respondent from contracting another marriage without the Tribunals consent. In its Decision dated 4 June 1995, the National Appellate Matrimonial Tribunal pronounced: The JURISRPRUDENCE in the Case maintains that matrimonial consent is considered ontologically defective and wherefore judicially ineffective when elicited by a Part Contractant in possession and employ of a discretionary judgment faculty with a perceptive vigor markedly inadequate for the practical understanding of the conjugal Covenant or serious impaired from the correct appreciation of the integral significance and implications of the marriage vows. The FACTS in the Case sufficiently prove with the certitude required by law that based on the depositions of the Partes in Causa and premised on the testimonies of the Common and Expert Witnesse[s], the Respondent made the marriage option in tenure of adverse personality constracts that were markedly antithetical to the substantive content and implications of the Marriage Covenant, and that seriously undermined the integrality of her matrimonial consent in terms of its deliberative component. In other words, afflicted with a discretionary faculty impaired in its practico-concrete judgment formation on account of an adverse action and reaction pattern, the Respondent was impaired from eliciting a judicially binding matrimonial consent. There is no sufficient evidence in the Case however to prove as well the fact of grave lack of due discretion on the part of the Petitioner.94 Evidently, the conclusion of psychological incapacity was arrived at not only by the trial court, but also by canonical bodies. Yet, we must clarify the proper import of the Church rulings annulling the marriage in this case. They hold sway since they are drawn from a similar recognition, as the trial court, of the veracity of petitioners allegations. Had the trial court instead appreciated respondents version as correct, and the appellate court affirmed such conclusion, the rulings of the Catholic Church on this matter would have diminished persuasive value. After all, it is the factual findings of the judicial trier of facts, and not that of the canonical courts, that are accorded significant recognition by this Court. Seventh. The final point of contention is the requirement in Molina that such psychological incapacity be shown to be medically or clinically permanent or incurable. It was on this score that the Court of Appeals reversed the judgment of the trial court, the appellate court noting that it did not appear certain that respondents condition was incurable and that Dr. Abcede did not testify to such effect.95 Petitioner points out that one month after he and his wife initially separated, he returned to her, desiring to make their marriage work. However, respondents aberrant behavior remained unchanged, as she continued to lie, fabricate stories, and maintained her excessive jealousy. From this fact, he draws the conclusion that respondents condition is incurable. From the totality of the evidence, can it be definitively concluded that respondents condition is incurable? It would seem, at least, that respondents psychosis is quite grave, and a cure thereof a remarkable feat. Certainly, it would have been easier had

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petitioners expert witnesses characterized respondents condition as incurable. Instead, they remained silent on whether the psychological incapacity was curable or incurable. But on careful examination, there was good reason for the experts taciturnity on this point. The petitioners expert witnesses testified in 1994 and 1995, and the trial court rendered its decision on 10 August 1995. These events transpired well before Molina was promulgated in 1997 and made explicit the requirement that the psychological incapacity must be shown to be medically or clinically permanent or incurable. Such requirement was not expressly stated in Article 36 or any other provision of the Family Code. On the other hand, the Court in Santos, which was decided in January 1995, began its discussion by first citing the deliberations of the Family Code committee,96 then the opinion of canonical scholars,97 before arriving at its formulation of the doctrinal definition of psychological incapacity.98 Santos did refer to Justice Caguioas opinion expressed during the deliberations that "psychological incapacity is incurable,"99 and the view of a former presiding judge of the Metropolitan Marriage Tribunal of the Archdiocese of Manila that psychological incapacity must be characterized "by (a) gravity, (b) juridical antecedence, and (c) incurability."100 However, in formulating the doctrinal rule on psychological incapacity, the Court in Santos omitted any reference to incurability as a characteristic of psychological incapacity.101 This disquisition is material as Santos was decided months before the trial court came out with its own ruling that remained silent on whether respondents psychological incapacity was incurable. Certainly, Santos did not clearly mandate that the incurability of the psychological incapacity be established in an action for declaration of nullity. At least, there was no jurisprudential clarity at the time of the trial of this case and the subsequent promulgation of the trial courts decision that required a medical finding of incurability. Such requisite arose only with Molina in 1997, at a time when this case was on appellate review, or after the reception of evidence. We are aware that in Pesca v. Pesca,102 the Court countered an argument that Molina and Santos should not apply retroactively with the observation that the interpretation or construction placed by the courts of a law constitutes a part of that law as of the date the statute in enacted.103 Yet we approach this present case from utterly practical considerations. The requirement that psychological incapacity must be shown to be medically or clinically permanent or incurable is one that necessarily cannot be divined without expert opinion. Clearly in this case, there was no categorical averment from the expert witnesses that respondents psychological incapacity was curable or incurable simply because there was no legal necessity yet to elicit such a declaration and the appropriate question was not accordingly propounded to him. If we apply Pesca without deep reflection, there would be undue prejudice to those cases tried before Molina or Santos, especially those presently on appellate review, where presumably the respective petitioners and their expert witnesses would not have seen the need to adduce a diagnosis of incurability. It may hold in those cases, as in this case, that the psychological incapacity of a spouse is actually incurable, even if not pronounced as such at the trial court level. We stated earlier that Molina is not set in stone, and that the interpretation of Article 36 relies heavily on a case-to-case perception. It would be insensate to reason to mandate in this case an expert medical or clinical diagnosis of incurability, since the parties would have had no impelling cause to present evidence to that effect at the time this case was tried by the RTC more than ten (10) years ago. From the totality of the evidence, we are sufficiently convinced that the incurability of respondents psychological incapacity has been established by the petitioner. Any lingering doubts are further dispelled by the fact that the Catholic Church tribunals, which indubitably consider incurability as an integral requisite of psychological incapacity,

were sufficiently convinced that respondent was so incapacitated to contract marriage to the degree that annulment was warranted. All told, we conclude that petitioner has established his cause of action for declaration of nullity under Article 36 of the Family Code. The RTC correctly ruled, and the Court of Appeals erred in reversing the trial court. There is little relish in deciding this present petition, pronouncing as it does the marital bond as having been inexistent in the first place. It is possible that respondent, despite her psychological state, remains in love with petitioner, as exhibited by her persistent challenge to the petition for nullity. In fact, the appellate court placed undue emphasis on respondents avowed commitment to remain in the marriage. Yet the Court decides these cases on legal reasons and not vapid sentimentality. Marriage, in legal contemplation, is more than the legitimatization of a desire of people in love to live together. WHEREFORE, the petition is GRANTED. The decision of the RTC dated 10 August 1995, declaring the marriage between petitioner and respondent NULL and VOID under Article 36 of the Family Code, is REINSTATED. No costs. SO ORDERED.

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G.R. No. 164817

July 3, 2009

DIGNA A. NAJERA, Petitioner, vs. EDUARDO J. NAJERA, Respondent. DECISION PERALTA, J.: This is a petition for review on certiorari of the Decision dated February 23, 2004 of the Court of Appeals in CA-G.R. CV No. 68053 and its Resolution August 5, 2004, denying petitioners motion for reconsideration. The Decision of the Court of Appeals affirmed the Decision of the Regional Trial Court of Lingayen, Pangasinan, Branch 68 (RTC), which found petitioner Digna A. Najera and respondent Eduardo J. Najera entitled to legal separation, but not annulment of marriage under Article 36 of the Family Code. The facts are as follows: On January 27, 1997, petitioner filed with the RTC a verified Petition for Declaration of Nullity of Marriage with Alternative Prayer for Legal Separation, with Application for Designation as Administrator Pendente Lite of the Conjugal Partnership of Gains.1 Petitioner alleged that she and respondent are residents of Bugallon, Pangasinan, but respondent is presently living in the United States of America (U.S.A). They were married on January 31, 1988 by Rev. Father Isidro Palinar, Jr. at the Saint Andrew the Apostle Church at Bugallon, Pangasinan.2 They are childless. Petitioner claimed that at the time of the celebration of marriage, respondent was psychologically incapacitated to comply with the essential marital obligations of the marriage, and such incapacity became manifest only after marriage as shown by the following facts: (a) At the time of their marriage, petitioner was already employed with the Special Services Division of the Provincial Government of Pangasinan, while respondent was jobless. He did not exert enough effort to find a job and was dependent on petitioner for support. Only with the help of petitioners elder brother, who was a seaman, was respondent able to land a job as a seaman in 1988 through the Intercrew Shipping Agency. (b) While employed as a seaman, respondent did not give petitioner sufficient financial support and she had to rely on her own efforts and the help of her parents in order to live. (c) As a seaman, respondent was away from home from nine to ten months each year. In May 1989, when he came home from his ship voyage, he started to quarrel with petitioner and falsely accused her of having an affair with another man. He took to smoking marijuana and tried to force petitioner into it. When she refused, he insulted her and uttered "unprintable words" against her. He would go out of the house and when he arrived home, he was always drunk. (d) When respondent arrived home from his ship voyage in April 1994, as had been happening every year, he quarreled with petitioner. He continued to be jealous, he arrived home drunk and he smoked marijuana. On July 3, 1994, while he was quarreling with petitioner, without provocation, he inflicted physical violence upon her and attempted to kill her with a bolo. She was able to parry his attack with her left arm, yet she sustained physical injuries on different parts of her body. She was treated by Dr. Padlan, and the incident was reported at the Bugallon Police Station.

(e) Respondent left the family home, taking along all their personal belongings. He lived with his mother at Banaga, Bugallon, Pangasinan, and he abandoned petitioner. Petitioner learned later that respondent jumped ship while it was anchored in Los Angeles, California, U.S.A. Petitioner prayed that upon filing of the petition, an Order be issued appointing her as the sole administrator of their conjugal properties; and that after trial on the merits, judgment be rendered (1) declaring their marriage void ab initio in accordance with Article 36 of the Family Code; (2) in the alternative, decreeing legal separation of petitioner and respondent pursuant to Title II of the Family Code; and (3) declaring the dissolution of the conjugal partnership of petitioner and respondent and the forfeiture in favor of petitioner of respondents share in the said properties pursuant to Articles 42 (2) and 63 (2) of the Family Code; and (4) granting petitioner other just and equitable reliefs. On March 7, 1997, the RTC issued an Order granting the motion of petitioner to effect service by publication as provided under Section 17, Rule 14 of the Rules of Court. On April 17, 1997, respondent filed his Answer3 wherein he denied the material allegations in the petition and averred that petitioner was incurably immature, of dubious integrity, with very low morality, and guilty of infidelity. He claimed that the subject house and lot were acquired through his sole effort and money. As counterclaim, respondent prayed for the award of P200,000.00 as moral damages, P45,000.00 as attorneys fees, andP1,000.00 as appearance fee for every scheduled hearing. On July 18, 1997, the Office of the Solicitor General filed its Notice of Appearance. On June 29, 1998, the RTC issued an Order4 terminating the pretrial conference after the parties signed a Formal Manifestation/Motion, which stated that they had agreed to dissolve their conjugal partnership of gains and divide equally their conjugal properties. On August 3, 1998, Assistant Provincial Prosecutor Ely R. Reintar filed a Compliance manifesting that after conducting an investigation, he found that no collusion existed between the parties.5 The initial hearing of the case was held on November 23, 1998. Petitioner testified in court and presented as witnesses the following: her mother, Celedonia Aldana; psychologist Cristina R. Gates; and Senior Police Officer 1 (SPO1) Sonny Dela Cruz, a member of the Philippine National Police (PNP), Bugallon, Pangasinan. Petitioner testified that she was a commerce graduate and was working as an accounting clerk in a government agency in Manila. She and respondent married on January 31, 1988 as evidenced by their marriage contract.6 At the time of their marriage, respondent was jobless, while petitioner was employed as Clerk at the Special Services Division of the Provincial Government of Pangasinan with a monthly salary of P5,000.00. It was petitioners brother who helped respondent find a job as a seaman at the Intercrew Shipping Agency in Manila. On July 30, 1988, respondent was employed as a seaman, and he gave petitioner a monthly allotment of P1,600.00. After ten months at work, he went home in 1989 and then returned to work after three months. Every time respondent was home, he quarreled with petitioner and accused her of having an affair with another man. Petitioner noticed that respondent also smoked marijuana and every time he went out of the house and returned home, he was drunk. However, there was no record in their barangay that respondent was involved in drugs.7

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In 1990, petitioner and respondent were able to purchase a lot out of their earnings. In 1991, they constructed a house on the lot.8 On July 3, 1994, petitioner and respondent were invited to a party by the boyfriend of petitioners sister. Respondent, however, did not allow petitioner to go with him. When respondent arrived home at around midnight, petitioner asked him about the party, the persons who attended it, and the ladies he danced with, but he did not answer her. Instead, respondent went to the kitchen. She asked him again about what happened at the party. Respondent quarreled with her and said that she was the one having an affair and suddenly slapped and boxed her, causing her eyes to be bloodied. When she opened her eyes, she saw respondent holding a bolo, and he attempted to kill her. However, she was able to parry his attack with her left arm, causing her to sustain injuries on different parts of her body. When respondent saw that she was bloodied, he got nervous and went out. After 10 minutes, he turned on the light in the kitchen, but he could not find her because she had gone out and was hiding from him. When she heard respondent start the motorcycle, she left her hiding place and proceeded to Gomez Street toward the highway. At the highway, she boarded a bus and asked the conductor to stop at a clinic or hospital. She alighted in Mangatarem, Pangasinan and proceeded to the clinic of one Dr. Padlan, who sutured her wounds. After a few hours, she went home.9 When petitioner arrived home, the house was locked. She called for her parents who were residing about 300 meters away. She then asked her brother to enter the house through the ceiling in order to open the door. She found that their personal belongings were gone, including her Automated Teller Machine card and jewelry.10 Thereafter, petitioner reported the incident at the police station of Bugallon, Pangasinan.11 Since then, respondent never returned home. He stayed with his mother in Banaga, Bugallon, Pangasinan. Petitioner learned that he went abroad again, but she no longer received any allotment from him.12 Petitioner testified that her parents were happily married, while respondents parents were separated. Respondents brothers were also separated from their respective wives.13 Petitioner disclosed that she also filed a petition for the annulment of her marriage with the Matrimonial Tribunal of the Diocese of Alaminos, Pangasinan on the ground of psychological incapacity of respondent.14 Psychologist Cristina R. Gates testified that she interviewed petitioner, but not respondent who was abroad. She confirmed her Psychological Report, the conclusion of which reads: PSYCHOLOGICAL CONCLUSIONS BASED ON THE INTERVIEWS: It is clear from the interviews that Respondent is afflicted with psychological hang-ups which are rooted in the kind of family background he has. His mother had an extramarital affair and separated from Respondents father. This turn of events left an irreparable mark upon Respondent, gauging from his alcoholic and marijuana habit. In time, he seemed steep in a kind of a double bind where he both deeply loved and resented his mother. His baseless accusation against his wife and his violent behavior towards her appears to be an offshoot of deep-seated feelings and recurrent thoughts towards his own mother. Unable to resolve his childhood conflicts and anger, he turned to his wife as the scapegoat for all his troubles. Based on the Diagnostic and Statistical Manual (DSM IV), Respondent is afflicted with a Borderline Personality Disorder as marked by his pattern of instability in his interpersonal

relationships, his marred self-image and self-destructive tendencies, his uncontrollable impulses. Eduardo Najeras psychological impairment as traced to his parents separation, aggravated by the continued meddling of his mother in his adult life, antedates his marriage to Petitioner Digna Aldana. Furthermore, the ingestion of prohibited substances (alcohol and marijuana), known to cause irreparable damage organically, and the manifest worsening of his violent and abusive behavior across time render his impairment grave and irreversible. In the light of these findings, it is recommended that parties marriage be annulled on grounds of psychological incapacity on the part of Respondent Eduardo Najera to fully assume his marital duties and responsibilities to Digna Aldana-Najera.15 Psychologist Cristina Gates testified that the chances of curability of respondents psychological disorder were nil. Its curability depended on whether the established organic damage was minimal -- referring to the malfunction of the composites of the brain brought about by habitual drinking and marijuana, which possibly afflicted respondent with borderline personality disorder and uncontrollable impulses.16 Further, SPO1 Sonny Dela Cruz, a member of the PNP, Bugallon, Pangasinan, testified that on July 3, 1994, he received a complaint from petitioner that respondent arrived at their house under the influence of liquor and mauled petitioner without provocation on her part, and that respondent tried to kill her. The complaint was entered in the police blotter.17 On March 31, 2000, the RTC rendered a Decision that decreed only the legal separation of the petitioner and respondent, but not the annulment of their marriage. The dispositive portion of the Decision reads: WHEREFORE, in view of the foregoing, judgment is hereby rendered as follows: 1. Decreeing legal separation of Petitioner/Plaintiff Digna Najera and respondent/defendant Eduardo Najera; 2. Ordering the dissolution of the conjugal partnership of the petitioner/plaintiff and respondent/defendant, and to divide the same equally between themselves pursuant to their Joint Manifestation/Motion dated April 27, 1998.18 Petitioners motion for reconsideration was denied in a Resolution19 dated May 2, 2000. Petitioner appealed the RTC Decision and Resolution to the Court of Appeals. In a Decision dated February 23, 2004, the Court of Appeals affirmed the Decision of the RTC, the dispositive portion of which reads: WHEREFORE, premises considered, appeal is hereby DISMISSED and judgment of the Trial Court is AFFIRMED in toto. No costs.20 Petitioners motion for reconsideration was denied by the Court of Appeals in a Resolution dated August 5, 2004. Hence, this petition raising the following issues: 1. The Court of Appeals failed to take into consideration the Decision of the National Appellate Matrimonial Tribunal, contrary to the guidelines decreed by the Supreme Court in the case of Republic v. Court of Appeals, 268 SCRA 198.

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2. The evidence of petitioner proved the root cause of the psychological incapacity of respondent Eduardo Najera. 3. The factual basis of the Decision of the National Appellate Matrimonial Tribunal is practically the same set of facts established by petitioners evidence submitted before the trial court and therefore the same conclusion ought to be rendered by the Court. 4. Credence ought to be given to the conclusion of Psychologist Cristina R. Gates as an expert in Psychology.21 The main issue is whether or not the totality of petitioners evidence was able to prove that respondent is psychologically incapacitated to comply with the essential obligations of marriage warranting the annulment of their marriage under Article 36 of the Family Code.22 Petitioner contends that her evidence established the root cause of the psychological incapacity of respondent which is his dysfunctional family background. With such background, respondent could not have known the obligations he was assuming, particularly the duty of complying with the obligations essential to marriage. The Court is not persuaded. Republic v. Court of Appeals23 laid down the guidelines in the interpretation and application of Article 36 of the Family Code, thus: (1) The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity. This is rooted in the fact that both our Constitution and our laws cherish the validity of marriage and unity of the family. Thus, our Constitution devotes an entire Article on the Family, recognizing it "as the foundation of the nation." It decrees marriage as legally "inviolable," thereby protecting it from dissolution at the whim of the parties. Both the family and marriage are to be "protected" by the state. xxxx (2) The root cause of the psychological incapacity must be (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision. Article 36 of the Family Code requires that the incapacity must be psychological -- not physical, although its manifestations and/or symptoms may be physical. The evidence must convince the court that the parties, or one of them, was mentally or psychically ill to such an extent that the person could not have known the obligations he was assuming, or knowing them, could not have given valid assumption thereof. Although no example of such incapacity need be given here so as not to limit the application of the provision under the principle ofejusdem generis, nevertheless such root cause must be identified as a psychological illness and its incapacitating nature fully explained. Expert evidence may be given by qualified psychiatrists and clinical psychologists. (3) The incapacity must be proven to be existing at "the time of the celebration" of the marriage. The evidence must show that the illness was existing when the parties exchanged their "I dos." The manifestation of the illness need not be perceivable at such time, but the illness itself must have attached at such moment, or prior thereto.

(4) Such incapacity must also be shown to be medically or clinically permanent or incurable. Such incurability may be absolute or even relative only in regard to the other spouse, not necessarily absolutely against everyone of the same sex. Furthermore, such incapacity must be relevant to the assumption of marriage obligations, not necessarily to those not related to marriage, like the exercise of a profession or employment in a job. Hence, a pediatrician may be effective in diagnosing illnesses of children and prescribing medicine to cure them but may not be psychologically capacitated to procreate, bear and raise his/her own children as an essential obligation of marriage. (5) Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage. Thus, "mild characteriological peculiarities, mood changes, occasional emotional outbursts" cannot be accepted as root causes. The illness must be shown as downright incapacity or inability, not a refusal, neglect or difficulty, much less ill will. In other words, there is a natal or supervening disabling factor in the person, an adverse integral element in the personality structure that effectively incapacitates the person from really accepting and thereby complying with the obligations essential to marriage. (6) The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the same Code in regard to parents and their children. Such non-complied marital obligation(s) must also be stated in the petition, proven by evidence and included in the text of the decision.1avvphi1 (7) Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts. It is clear that Article 36 was taken by the Family Code Revision Committee from Canon 1095 of the New Code of Canon Law, which became effective in 1983 and which provides: The following are incapable of contracting marriage: Those who are unable to assume the essential obligations of marriage due to causes of psychological nature. Since the purpose of including such provision in our Family Code is to harmonize our civil laws with the religious faith of our people, it stands to reason that to achieve such harmonization, great persuasive weight should be given to decisions of such appellate tribunal. Ideally -- subject to our law on evidence -- what is decreed as canonically invalid should also be decreed civilly void. This is one instance where, in view of the evident source and purpose of the Family Code provision, contemporaneous religious interpretation is to be given persuasive effect. Here, the State and the Church -while remaining independent, separate and apart from each other -- shall walk together in synodal cadence towards the same goal of protecting and cherishing marriage and the family as the inviolable base of the nation. (8) The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state. No decision shall be handed down unless the Solicitor General issues a certification, which will be quoted in the decision, briefly stating therein his reasons for his agreement or opposition, as the case may be, to the petition. The Solicitor General, along with the prosecuting attorney, shall submit to the court such

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certification within fifteen (15) days from the date the case is deemed submitted for resolution of the court. The Solicitor General shall discharge the equivalent function of the defensor vinculi contemplated under Canon 1095. The guidelines incorporate the three basic requirements earlier mandated by the Court in Santos v. Court of Appeals: "psychological incapacity must be characterized by (a) gravity (b) juridical antecedence, and (c) incurability."24 The foregoing guidelines do not require that a physician examine the person to be declared psychologically incapacitated.25 In fact, the root cause may be "medically or clinically identified."26 What is important is the presence of evidence that can adequately establish the party's psychological condition. For indeed, if the totality of evidence presented is enough to sustain a finding of psychological incapacity, then actual medical examination of the person concerned need not be resorted to.27 In this case, the Court agrees with the Court of Appeals that the totality of the evidence submitted by petitioner failed to satisfactorily prove that respondent was psychologically incapacitated to comply with the essential obligations of marriage. The root cause of respondents alleged psychological incapacity was not sufficiently proven by experts or shown to be medically or clinically permanent or incurable. As found by the Court of Appeals, Psychologist Cristina Gates conclusion that respondent was psychologically incapacitated was based on facts relayed to her by petitioner and was not based on her personal knowledge and evaluation of respondent; thus, her finding is unscientific and unreliable.28 Moreover, the trial court correctly found that petitioner failed to prove with certainty that the alleged personality disorder of respondent was incurable as may be gleaned from Psychologist Cristina Gates testimony: Q You mentioned in your report that respondent is afflicted with a borderline personality disorder. [D]id you find any organic cause? A No, sir. Q Do you think that this cause you mentioned existed at the time of the marriage of the respondent? A I believe so, sir. Physically, if you examined the [respondents family] background, there was strong basis that respondent developed mal-adoptive pattern. Q Did you interview the respondents family? A No, sir , but on the disclosure of petitioner (sic). xxxx Q Have you [seen] the respondent? A He is not in the country, sir. Q Madam Witness, this disorder that you stated in your report which the respondent is allegedly affected, is this curable? A The chances are nil. Q But it is curable? A It depends actually if the established organic damage is minimal. Q What is this organic damage?

A Composites of the brain is malfunctioning. Q How did you find out the malfunctioning since you have not seen him (respondent)? A His habitual drinking and marijuana habit possibly afflicted the respondent with borderline personality disorder. This [is] based on his interpersonal relationships, his marred self-image and self-destructive tendencies, and his uncontrollable impulses. Q Did you interview the respondent in this regard? A I take the words of the petitioner in this regard.29 The Court agrees with the Court of Appeals that the evidence presented by petitioner in regard to the physical violence or grossly abusive conduct of respondent toward petitioner and respondents abandonment of petitioner without justifiable cause for more than one year are grounds for legal separation30 only and not for annulment of marriage under Article 36 of the Family Code. Petitioner argued that the Court of Appeals failed to consider the Decision of the National Appellate Matrimonial Tribunal which her counsel sought to be admitted by the Court of Appeals on February 11, 2004, twelve days before the decision was promulgated on February 23, 2004. She contended that the Court of Appeals failed to follow Guideline No. 7 in Republic v. Court of Appeals, thus: (7) Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts. It is clear that Article 36 was taken by the Family Code Revision Committee from Canon 1095 of the New Code of Canon law, which became effective in 1983 and which provides: The following are incapable of contracting marriage: Those who are unable to assume the essential obligations of marriage due to causes of psychological nature. Since the purpose of including such provision in our Family Code is to harmonize our civil laws with the religious faith of our people, it stands to reason that to achieve such harmonization, great persuasive weight should be given to decisions of such appellate tribunal. Ideally subject to our law on evidence what is decreed as canonically invalid should also be decreed civilly void. This is one instance where, in view of the evident source and purpose of the Family Code provision, contemporaneous religious interpretation is to be given persuasive effect. Here, the State and the Church while remaining independent, separate and apart from each other shall walk together in synodal cadence towards the same goal of protecting and cherishing marriage and the family as the inviolable base of the nation. Petitioners argument is without merit. In its Decision dated February 23, 2004, the Court of Appeals apparently did not have the opportunity to consider the decision of the National Appellate Matrimonial Tribunal. Nevertheless, it is clear that the Court of Appeals considered the Matrimonial Tribunals decision in its Resolution dated August 5, 2004 when it resolved petitioners motion for reconsideration. In the said Resolution, the Court of Appeals took cognizance of the very same issues now raised before this Court and correctly held that petitioners motion for reconsideration was devoid of merit. It stated: The Decision of the National Appellate Matrimonial Tribunal dated July 2, 2002, which was forwarded to this Court only on February 11, 2004, reads as follows:

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x x x The FACTS collated from party complainant and reliable witnesses which include a sister-in-law of Respondent (despite summons from the Court dated June 14, 1999, he did not appear before the Court, in effect waiving his right to be heard, hence, trial in absentia followed) corroborate and lead this Collegiate Court to believe with moral certainty required by law and conclude that the husband-respondent upon contracting marriage suffered from grave lack of due discretion of judgment, thereby rendering nugatory his marital contract: First, his family was dysfunctional in that as a child, he saw the break-up of the marriage of his own parents; his own two siblings have broken marriages; Second, he therefore grew up with a domineering mother with whom [he] identified and on whom he depended for advice; Third, he was according to his friends, already into drugs and alcohol before marriage; this affected his conduct of bipolar kind: he could be very quiet but later very talkative, peaceful but later hotheaded even violent, he also was aware of the infidelity of his mother who now lives with her paramour, also married and a policeman; Finally, into marriage, he continued with his drugs and alcohol abuse until one time he came home very drunk and beat up his wife and attacked her with a bolo that wounded her; this led to final separation. WHEREFORE, premises considered, this Court of Second Instance, having invoked the Divine Name and having considered the pertinent Law and relevant Jurisprudence to the Facts of the Case hereby proclaims, declares and decrees the confirmation of the sentence from the Court a quo in favor of the nullity of marriage on the ground contemplated under Canon 1095, 2 of the 1983 Code of Canon Law. However, records of the proceedings before the Trial Court show that, other than herself, petitioner-appellant offered the testimonies of the following persons only, to wit: Aldana Celedonia (petitioner-appellants mother), Sonny de la Cruz (member, PNP, Bugallon, Pangasinan), and Ma. Cristina R. Gates (psychologist). Said witnesses testified, in particular, to the unfaithful night of July 1, 1994 wherein the respondent allegedly made an attempt on the life of the petitioner. But unlike the hearing and finding before the Matrimonial Tribunal, petitionerappellants sister-in-law and friends of the opposing parties were never presented before said Court. As to the contents and veracity of the latters testimonies, this Court is without any clue.1avvphi1 True, in the case of Republic v. Court of Appeals, et al. (268 SCRA 198), the Supreme Court held that the interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts. However, the Highest Tribunal expounded as follows: Since the purpose of including such provision in our Family Code is to harmonize our civil laws with the religious faith of our people, it stands to reason that to achieve such harmonization, great persuasive weight should be given to decisions of such appellate tribunal. Ideally subject to our law on evidence what is decreed as [canonically] invalid should be decreed civilly void x x x. And in relation thereto, Rule 132, Sec. 34 of the Rules of Evidence states: The court shall consider no evidence which has not been formally offered. The purpose of which the evidence is offered must be specified. Given the preceding disquisitions, petitioner-appellant should not expect us to give credence to the Decision of the National Appellate Matrimonial Tribunal when, apparently, it was made on a different set of evidence of which We have no way of ascertaining their truthfulness. Furthermore, it is an elementary rule that judgments must be based on the evidence presented before the court (Manzano vs. Perez, 362 SCRA 430 [2001]). And based on the evidence on

record, We find no ample reason to reverse or modify the judgment of the Trial Court.31 Santos v. Santos32 cited the deliberations during the sessions of the Family Code Revision Committee, which drafted the Code, to provide an insight on the import of Article 36 of the Family Code. It stated that a part of the provision is similar to the third paragraph of Canon 1095 of the Code of Canon Law, which reads: Canon 1095. The following are incapable of contracting marriage: 1. those who lack sufficient use of reason; 2. those who suffer from a grave lack of discretion of judgment concerning the essential matrimonial rights and obligations to be mutually given and accepted; 3. those who, because of causes of a psychological nature, are unable to assume the essential obligations of marriage. It must be pointed out that in this case, the basis of the declaration of nullity of marriage by the National Appellate Matrimonial Tribunal is not the third paragraph of Canon 1095 which mentions causes of a psychological nature, but the second paragraph of Canon 1095 which refers to those who suffer from a grave lack of discretion of judgment concerning essential matrimonial rights and obligations to be mutually given and accepted. For clarity, the pertinent portion of the decision of the National Appellate Matrimonial Tribunal reads: The FACTS collated from party complainant and reliable witnesses which include a sister-in-law of Respondent (despite summons from the Court dated June 14, 1999, he did not appear before the Court, in effect waiving his right to be heard, hence, trial in absentia followed) corroborate and lead this Collegiate Court to believe with moral certainty required by law and conclude that the husband-respondent upon contacting marriage suffered from grave lack of due discretion of judgment, thereby rendering nugatory his marital contract x x x. WHEREFORE, premises considered, this Court of Second Instance, having invoked the Divine Name and having considered the pertinent Law and relevant Jurisprudence to the Facts of the Case hereby proclaims, declares and decrees the confirmation of the sentence from the Court a quo in favor of the nullity of marriage on the ground contemplated under Canon 1095, 2 of the 1983 Code of Canon Law. x x x Hence, even if, as contended by petitioner, the factual basis of the decision of the National Appellate Matrimonial Tribunal is similar to the facts established by petitioner before the trial court, the decision of the National Appellate Matrimonial Tribunal confirming the decree of nullity of marriage by the court a quo is not based on the psychological incapacity of respondent. Petitioner, therefore, erred in stating that the conclusion of Psychologist Cristina Gates regarding the psychological incapacity of respondent is supported by the decision of the National Appellate Matrimonial Tribunal. In fine, the Court of Appeals did not err in affirming the Decision of the RTC. WHEREFORE, the petition is DENIED. The Decision of the Court of Appeals in CA-G.R. CV No. 68053, dated February 23, 2004, and its Resolution dated August 5, 2004, are hereby AFFIRMED. No costs. SO ORDERED.

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G.R. No. 162368

July 17, 2006

or when there is a misappreciation of facts,12 which are unavailing in the instant case. The term "psychological incapacity" to be a ground for the nullity of marriage under Article 36 of the Family Code, refers to a serious psychological illness afflicting a party even before the celebration of the marriage. It is a malady so grave and so permanent as to deprive one of awareness of the duties and responsibilities of the matrimonial bond one is about to assume.13 As all people may have certain quirks and idiosyncrasies, or isolated characteristics associated with certain personality disorders, there is hardly any doubt that the intendment of the law has been to confine the meaning of "psychological incapacity" to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage.14 It is for this reason that the Court relies heavily on psychological experts for its understanding of the human personality. However, the root cause must be identified as a psychological illness and its incapacitating nature must be fully explained,15 which petitioner failed to convincingly demonstrate. As aptly held by the Court of Appeals: Simply put, the chief and basic consideration in the resolution of marital annulment cases is the presence of evidence that can adequately establish respondent's psychological condition. Here, appellant contends that there is such evidence. We do not agree. Indeed, the evidence on record did not convincingly establish that respondent was suffering from psychological incapacity. There is absolutely no showing that his "defects" were already present at the inception of the marriage, or that those are incurable. Quite apart from being plainly self-serving, petitioner's evidence showed that respondent's alleged failure to perform his so-called marital obligations was not at all a manifestation of some deep-seated, grave, permanent and incurable psychological malady. To be sure, the couple's relationship before the marriage and even during their brief union (for well about a year or so) was not all bad. During that relatively short period of time, petitioner was happy and contented with her life in the company of respondent. In fact, by petitioner's own reckoning, respondent was a responsible and loving husband. x x x. Their problems began when petitioner started doubting respondent's fidelity. It was only when they started fighting about the calls from women that respondent began to withdraw into his shell and corner, and failed to perform his so-called marital obligations. Respondent could not understand petitioner's lack of trust in him and her constant naggings. He thought her suspicions irrational. Respondent could not relate to her anger, temper and jealousy. x x x. xxxx At any rate, Dr. Dayan did not explain how she arrived at her diagnosis that respondent has a mixed personality disorder called "schizoid," and why he is the "dependent and avoidant type." In fact, Dr. Dayan's statement that one suffering from such mixed personality disorder is dependent on others for decision x x x lacks specificity; it seems to belong to the realm of theoretical speculation. Also, Dr. Dayan's information that respondent had extramarital affairs was supplied by the petitioner herself. Notably, when asked as to the root cause of respondent's alleged psychological incapacity, Dr. Dayan's answer was vague, evasive and inconclusive. She replied that such disorder "can be part of his family upbringing" x x x. She stated that there was a history of respondent's parents having difficulties in their relationship. But this input on the supposed problematic history of respondent's parents also came from petitioner. Nor did Dr. Dayan clearly demonstrate

MA. ARMIDA PEREZ-FERRARIS, petitioner, vs. BRIX FERRARIS, respondent. RESOLUTION YNARES-SANTIAGO, J.: This resolves the motion for reconsideration filed by petitioner Ma. Armida Perez-Ferraris of the Resolution dated June 9, 2004 denying the petition for review on certiorari of the Decision and Resolution of the Court of Appeals dated April 30, 2003 and February 24, 2004, respectively, for failure of the petitioner to sufficiently show that the Court of Appeals committed any reversible error. On February 20, 2001, the Regional Trial Court of Pasig City, Branch 151 rendered a Decision1 denying the petition for declaration of nullity of petitioner's marriage with Brix Ferraris. The trial court noted that suffering from epilepsy does not amount to psychological incapacity under Article 36 of the Civil Code and the evidence on record were insufficient to prove infidelity. Petitioner's motion for reconsideration was denied in an Order2 dated April 20, 2001 where the trial court reiterated that there was no evidence that respondent is mentally or physically ill to such an extent that he could not have known the obligations he was assuming, or knowing them, could not have given valid assumption thereof. Petitioner appealed to the Court of Appeals which affirmed 3 in toto the judgment of the trial court. It held that the evidence on record did not convincingly establish that respondent was suffering from psychological incapacity or that his "defects" were incurable and already present at the inception of the marriage.4 The Court of Appeals also found that Dr. Dayan's testimony failed to establish the substance of respondent's psychological incapacity; that she failed to explain how she arrived at the conclusion that the respondent has a mixed personality disorder; that she failed to clearly demonstrate that there was a natal or supervening disabling factor or an adverse integral element in respondent's character that effectively incapacitated him from accepting and complying with the essential marital obligations.5 Petitioner's motion for reconsideration was denied6 for lack of merit; thus, she filed a petition for review on certiorari with this Court. As already stated, the petition for review was denied for failure of petitioner to show that the appellate tribunal committed any reversible error. Petitioner filed the instant motion for reconsideration.7 The Court required respondent Brix Ferraris to file comment8 but failed to comply; thus, he is deemed to have waived the opportunity to file comment. Further, the Court directed the Office of the Solicitor General (OSG) to comment on petitioner's motion for reconsideration which it complied on March 2, 2006. After considering the arguments of both the petitioner and the OSG, the Court resolves to deny petitioner's motion for reconsideration. The issue of whether or not psychological incapacity exists in a given case calling for annulment of marriage depends crucially, more than in any field of the law, on the facts of the case.9 Such factual issue, however, is beyond the province of this Court to review. It is not the function of the Court to analyze or weigh all over again the evidence or premises supportive of such factual determination.10 It is a well-established principle that factual findings of the trial court, when affirmed by the Court of Appeals, are binding on this Court,11 save for the most compelling and cogent reasons, like when the findings of the appellate court go beyond the issues of the case, run contrary to the admissions of the parties to the case, or fail to notice certain relevant facts which, if properly considered, will justify a different conclusion;

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that there was really "a natal or supervening disabling factor" on the part of respondent, or an "adverse integral element" in respondent's character that effectively incapacitated him from accepting, and, thereby complying with, the essential marital obligations. Of course, petitioner likewise failed to prove that respondent's supposed psychological or mental malady existed even before the marriage. All these omissions must be held up against petitioner, for the reason that upon her devolved the onus of establishing nullity of the marriage. Indeed, any doubt should be resolved in favor of the validity of the marriage and the indissolubility of the marital vinculum.16 We find respondent's alleged mixed personality disorder, the "leaving-the-house" attitude whenever they quarreled, the violent tendencies during epileptic attacks, the sexual infidelity, the abandonment and lack of support, and his preference to spend more time with his band mates than his family, are not rooted on some debilitating psychological condition but a mere refusal or unwillingness to assume the essential obligations of marriage. In Republic v. Court of Appeals,17 where therein respondent preferred to spend more time with his friends than his family on whom he squandered his money, depended on his parents for aid and assistance, and was dishonest to his wife regarding his finances, the Court held that the psychological defects spoken of were more of a "difficulty," if not outright "refusal" or "neglect" in the performance of some marital obligations and that a mere showing of irreconcilable differences and conflicting personalities in no wise constitute psychological incapacity; it is not enough to prove that the parties failed to meet their responsibilities and duties as married persons; it is essential that they must be shown to be incapable of doing so, due to some psychological, not physical, illness. Also, we held in Hernandez v. Court of Appeals18 that habitual alcoholism, sexual infidelity or perversion, and abandonment do not by themselves constitute grounds for declaring a marriage void based on psychological incapacity. While petitioner's marriage with the respondent failed and appears to be without hope of reconciliation, the remedy however is not always to have it declared void ab initio on the ground of psychological incapacity. An unsatisfactory marriage, however, is not a null and void marriage.19 No less than the Constitution recognizes the sanctity of marriage and the unity of the family; it decrees marriage as legally "inviolable" and protects it from dissolution at the whim of the parties. Both the family and marriage are to be "protected" by the state.20 Thus, in determining the import of "psychological incapacity" under Article 36, it must be read in conjunction with, although to be taken as distinct from Articles 35,21 37,22 38,23 and 4124 that would likewise, but for different reasons, render the marriage void ab initio, or Article 4525 that would make the marriage merely voidable, or Article 55 that could justify a petition for legal separation. Care must be observed so that these various circumstances are not applied so indiscriminately as if the law were indifferent on the matter.26 Article 36 should not to be confused with a divorce law that cuts the marital bond at the time the causes therefor manifest themselves.27 Neither it is to be equated with legal separation, in which the grounds need not be rooted in psychological incapacity but on physical violence, moral pressure, moral corruption, civil interdiction, drug addiction, habitual alcoholism, sexual infidelity, abandonment and the like.28 WHEREFORE, in view of the foregoing, the motion for reconsideration of the Resolution dated June 9, 2004 denying the petition for review on certiorari for failure of the petitioner to sufficiently show that the Court of Appeals committed any reversible error, is DENIED WITH FINALITY. SO ORDERED.

G.R. No. 147824

August 2, 2007

ROSA YAP PARAS, petitioner, vs. JUSTO J. PARAS, respondent. DECISION SANDOVAL-GUTIERREZ, J.: This case presents another occasion to reiterate this Courts ruling that the Guidelines set forth in Republic v. Court of Appeals and Ronidel Olaviano Molina1 "do not require that a physician should examine the person to be declared psychologically incapacitated. What is important is the presence of evidence that can adequately establish the partys psychological condition."2 Assailed in this petition for review on certiorari under Rule 45 of the 1997 Rules of Civil Procedure, as amended, are the (a) Decision3 dated December 8, 2000 and (b) Resolution4 dated April 5, 2001 of the Court of Appeals in CA-G.R. CV No. 49915, entitled "Rosa Yap-Paras, Plaintiff-Appellant vs. Justo J. Paras, Defendant-Appellee." On May 21, 1964, petitioner Rosa Yap married respondent Justo J. Paras in Bindoy, Negros Oriental. They begot four (4) children, namely: Raoul (+), Cindy Rose (+), Dahlia, and Reuel. Twenty-nine (29) years thereafter, or on May 27, 1993, Rosa filed with the Regional Trial Court (RTC), Branch 31, Dumaguete City, a complaint for annulment of her marriage with Justo, under Article 36 of the Family Code, docketed as Civil Case No. 10613. She alleged that Justo is psychologically incapacitated to exercise the essential obligations of marriage as shown by the following circumstances: (a) he dissipated her business assets and forged her signature in one mortgage transaction; (b) he lived with a concubine and sired a child with her; (c) he did not give financial support to his children; and (d) he has been remiss in his duties both as a husband and as a father. To substantiate her charges, Rosa offered documentary and testimonial evidence. This is her story. She met Justo in 1961 in Bindoy. She was then a student of San Carlos University, Cebu City.5He courted her, frequently spending time at her "Botica."6 Eventually, in 1964, convinced that he loved her, she agreed to marry him. Their wedding was considered one of the "most celebrated" marriages in Bindoy.7 After the wedding, she and Justo spent one (1) week in Davao for their honeymoon.8 Upon returning to Bindoy, they resided at her parents house. It was their residence for three (3) years until they were able to build a house of their own.9 For the first five (5) years of their marriage, Justo did not support her and their children because he shouldered his sisters schooling.10 Consequently, she was the one who spent for all their family needs, using the income from her "Botica" and store.11 Justo lived the life of a bachelor.12 His usual routine was to spend time with his "barkadas" until the wee hours of the morning. Oftentimes, he would scold her when she sent for him during lunchtime.13 He also failed to provide for their childrens wellbeing.14 Sometime in 1975, their daughter Cindy Rose was afflicted with leukemia. It was her family who paid for her medication. Also, in 1984, their son Raoul was electrocuted while Justo was in their rest house with his "barkadas." He did not heed

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her earlier advice to bring Raoul in the rest house as the latter has the habit of climbing the rooftop.15 To cope with the death of the children, the entire family went to the United States. Her sisters supported them throughout their two-year stay there. However, after three months, Justo abandoned them and left for the Philippines. Upon her return to the Philippines, she was shocked to find her "Botica" and other businesses heavy in debt. She then realized Justo was a profligate. At one time, he disposed without her consent a conjugal piece of land.16 At other times, he permitted the municipal government to take gasoline from their gas station free of charge. She endured all of Justos shortcomings, but his act of maintaining a mistress and siring an illegitimate child was the last straw that prompted her to file the present case. She found that after leaving their conjugal house in 1988, Justo lived with Jocelyn Ching. Their cohabitation resulted in the birth of a baby girl, Cyndee Rose, obviously named after her (Rosa) and Justos deceased daughter Cindy Rose Paras.17 As expected, Justo has a different version of the story. He met Rosa upon his return to Bindoy after taking the bar examinations in Manila.18 He frequently spent time in her store.19 Believing he loved her, he courted her and later on, they became sweethearts. In 1963, they decided to get married. However, it was postponed because her family demanded a dowry. Their marriage took place in 1964 upon his mothers signing a deed of conveyance involving 28 hectares of coconut land in favor of Rosa.20 He blamed the subsequent dissipation of their assets from the slump of the price of sugar and not to his alleged profligacy.21 Due to his business ventures, he and Rosa were able to acquire a 10-room family house, expand their store, establish their gasoline station, and purchase several properties. He also denied forging her signature in one mortgage transaction. He maintained that he did not dispose of a conjugal property and that he and Rosapersonally signed the renewal of a sugar crop loan before the banks authorized employee.22 As to their marital relationship, he noticed the change in Rosas attitude after her return from the United States. She became detached, cold, uncaring, and overly focused on the familys businesses.23 He tried to reach her but Rosa was steadfast in her "new attitudinal outlook." Before other people, he merely pretended that their relationship was blissful.24 He did not abandon his family in the United States. It happened that they only had tourist visas. When they were there, their childrens tourist visas were converted into study visas, permitting them to stay longer. For his part, he was granted only three (3) months leave as municipal mayor of Bindoy, thus, he immediately returned to the Philippines.25 He spent for his childrens education. At first, he resented supporting them because he was just starting his law practice and besides, their conjugal assets were more than enough to provide for their needs. He admitted though that there were times he failed to give them financial support because of his lack of income.26 What caused the inevitable family break-out was Rosas act of embarrassing him during his birthday celebration in 1987. She did not prepare food for the guests. When confronted, she retorted that she has nothing to do with his birthday. This convinced him of her lack of concern.27 This was further aggravated when she denied his request for engine oil when his vehicle broke down in a mountainous and NPA-infested area.28 As to the charge of concubinage, he alleged that Jocelyn Ching is not his mistress, but her secretary in his Law Office. She was impregnated by her boyfriend, a certain Grelle Leccioness. Cyndee Rose Ching Leccioness is not his daughter.

After trial or on February 28, 1995, the RTC rendered a Decision upholding the validity of the marriage. It found that: (a) Justo did not abandon the conjugal home as he was forced to leave after Rosa posted guards at the gates of their house;29 (b) the conjugal assets were sufficient to support the family needs, thus, there was no need for Justo to shell out his limited salary;30 and (c) the charge of infidelity is unsubstantiated.31 The RTC observed that the relationship between the parties started well, negating the existence of psychological incapacity on either party at the time of the celebration of their marriage.32 And lastly, it ruled that there appeared to be a collusion between them as both sought the declaration of nullity of their marriage.33 Justo interposed an appeal to the Court of Appeals. In the interim, Rosa filed with this Court a petition for disbarment against Justo, docketed as A.C. No. 5333, premised on the same charges alleged in her complaint for declaration of nullity of marriage. On October 18, 2000, this Court rendered its Decision finding him guilty of falsifying Rosas signature in bank documents, immorality, and abandonment of his family. He was suspended from the practice of law, thus: In the light of the foregoing, respondent is hereby SUSPENDED from the practice of law for SIX (6) MONTHS on the charge of falsifying his wifes signature in bank documents and other related loan instruments; and for ONE (1) YEAR from the practice of law on the charges of immorality andabandonment of his own family, the penalties to be served simultaneously. Let notice of this Decision be spread in respondents record as an attorney, and notice of the same served on the Integrated Bar of the Philippines and on the Office of the Court Administrator for circulation to all the courts concerned. SO ORDERED. On December 8, 2000 or nearly two months after this Court promulgated the Decision in A.C. No. 5333, the Court of Appeals affirmed the RTC Decision in the present case, holding that "the evidence of the plaintiff (Rosa) falls short of the standards required by law to decree a nullity of marriage." It ruled that Justos alleged defects or idiosyncracies "were sufficiently explained by the evidence," thus: Certainly, we cannot ignore what is extant on the record first, the income which supported their children came from the earnings of their conjugal properties and not singularly from Rosas industry; second, Justo gave his share of the support to his children in the form of allowances, albeit smaller than that derived from the conjugal property; third, he was booted out from their conjugal dwelling after he lost his bid for re-election and as such did not voluntarily abandon his home; and fourth, although unjustifiable in the eyes of the law and morality, Justos alleged infidelity came after he was driven out of his house by Rosa. x x x. The Court of Appeals likewise held that Rosas inability to offer the testimony of a psychologist is fatal to her case, being in violation of the tenets laid down by this Court in Molina.34 Thus, she failed to substantiate her allegation that Justo is psychologically incapacitated from complying with the essential obligations of marriage.35 Rosa filed a motion for reconsideration but it was denied. Hence, the instant petition for review on certiorari. Rosa contends that this Courts factual findings in A.C. No. 5333 for disbarment are conclusive on the present case. Consequently, the Court of Appeals erred in rendering contrary factual findings. Also, she argues that she filed the instant complaint sometime in May, 1993, well before this Courts pronouncement in Molina relied upon by the Court of Appeals. She states that she could have presented an expert to prove the root cause of Justos

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psychological incapacity had she been required to do so. For relief, she prays that her marriage with Justo be annulled on the bases of the Courts conclusive factual findings in A.C. No. 5333; or in the alternative, remand this case to the court a quo for reception of expert testimony in the interest of due process. In his comment on the petition, Justo asserts that the present case is a "new matter completely foreign and removed" from A.C. No. 5333; hence, the factual findings of this Court therein are not conclusive on this case. Besides, no hearing was conducted in A.C. No. 5333 as it was decided merely on the bases of pleadings and documents. The parties opposing contentions lead us to the following three (3) vital issues: first, whether the factual findings of this Court in A.C. No. 5333 are conclusive on the present case; second, whether a remand of this case to the RTC for reception of expert testimony on the root cause of Justos alleged psychological incapacity is necessary; and third, whether the totality of evidence in the case shows psychological incapacity on the part of Justo. The petition is bereft of merit. I Whether the factual findings of this Court in A.C. No. 5333 are conclusive on the present case. Rosa, sad to say, had made much ado about nothing. A reading of the Court of Appeals Decision shows that she has no reason to feel aggrieved. In fact, the appellate court even assumed that her charges "are true," but concluded that they are insufficient to declare the marriage void on the ground of psychological incapacity. The pertinent portion of the Decision reads: Applying these parameters to the sifted evidence, we find that even if we assume Justos alleged infidelity, failure to support his family and alleged abandonment of their family home are true, such traits are at best indicators that he is unfit to become an ideal husband and father . However, by themselves, these grounds are insufficient to declare the marriage void due to an incurable psychological incapacity. These grounds, we must emphasize, do not manifest that he was truly incognitive of the basic marital covenants that he must assume and discharge as a married person. While they may manifest the "gravity" of his alleged psychological incapacity, they do not necessarily show incurability, such that while his acts violated the covenants of marriage, they do not necessarily show that such acts show an irreparably hopeless state of psychological incapacity which prevents him from undertaking the basic obligations of marriage in the future.36 The Court of Appeals pointed this out in its Resolution denying Rosas motion for reconsideration, thus: Even as we are fully cognizant of the findings of the Supreme Court in the disbarment case appellant filed against her husband, namely, appellees falsification of documents to obtain loans and his infidelity, these facts, by themselves, do not conclusively establish appellees psychological incapacity as contemplated under Article 36 of the Family Code. In fact, we already went as far as to presume the existence of such seeming depravities in appellees character in our earlier judgment. However, as we emphasized in our Decision, the existence of such eventualities is not necessarily conclusive of an inherent incapacity on the part of appellee to discern and perform the

rudiments of marital obligations as required under Article 36.37 Clearly, Rosas insistence that the factual findings in A.C. No. 5333 be considered "conclusive" on the present case is unmeritorious. The Court of Appeals already "went as far as to presume the existence" of Justos depravities, however, even doing so could not bring about her (Rosas) desired result. As Rosas prayer for relief suggests, what she wants is for this Court to annul her marriage on the bases of its findings in A.C. No. 5333.38Obviously, she is of the impression that since her charges in A.C. No. 5333 were found to be true, justifying the suspension of Justo from the practice of law, the same charges are also sufficient to prove his psychological incapacity to comply with the essential marital obligations. Her premise is of course non-sequitur. Jurisprudence abounds that administrative cases against lawyers belong to a class of their own. They are distinct from and may proceed independently of civil and criminal cases. The basic premise is that criminal and civil cases are altogether different from administrative matters, such that the disposition in the first two will not inevitably govern the third and vice versa.39 The Courts exposition in In re Almacen40 is instructive, thus: x x x Disciplinary proceedings against lawyers are sui generis. Neither purely civil nor purely criminal, they do not involve a trial of an action or a suit, but are rather investigations by the Court into the conduct of one of its officers. Not being intended to inflict punishment, [they are] in no sense a criminal prosecution. Accordingly, there is neither a plaintiff nor a prosecutor therein. [They] may be initiated by the Court motu proprio. Public interest is [their] primary objective, and the real question for determination is whether or not the attorney is still a fit person to be allowed the privileges as such. Hence, in the exercise of its disciplinary powers, the Court merely calls upon a member of the Bar to account for his actuations as an officer of the Court with the end in view of preserving the purity of the legal profession and the proper and honest administration of justice by purging the profession of members who by their misconduct have prove[n] themselves no longer worthy to be entrusted with the duties and responsibilities pertaining to the office of an attorney. In such posture, there can thus be no occasion to speak of a complainant or a prosecutor. Accordingly, ones unfitness as a lawyer does not automatically mean ones unfitness as a husband or vice versa.41 The yardsticks for such roles are simply different. This is why the disposition in a disbarment case cannot be conclusive on an action for declaration of nullity of marriage. While Rosas charges sufficiently proved Justos unfitness as a lawyer, however, they may not establish that he is psychologically incapacitated to perform his duties as a husband. In the disbarment case, "the real question for determination is whether or not the attorney is still a fit person to be allowed the privileges as such." Its purpose is "to protect the court and the public from the misconduct of officers of the court." On the other hand, in an action for declaration of nullity of marriage based on the ground of psychological incapacity, the question for determination is whether the guilty party suffers a grave, incurable, and preexisting mental incapacity that renders him truly incognitive of the basic marital covenants. Its purpose is to free the innocent party from a meaningless marriage. In this case, as will be seen in the following discussion, Justos acts are not sufficient to conclude that he is psychologically incapacitated, albeit such acts really fall short of what is expected from a lawyer.

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II Whether a remand of this case to the RTC is necessary. The presentation of an expert witness to prove psychological incapacity has its origin in Molina.42 One of the Guidelines set forth therein states: (2) The root cause of the psychological incapacity must be (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts, and (d) clearly explained in the decision. Article 36 of the Family Code requires that the incapacity must be psychological -- not physical, although its manifestations and/or symptoms may be physical. The evidence must convince the court that the parties, or one of them, was mentally or psychically ill to such an extent that the person could not have known the obligations he was assuming, or knowing them, could not have given valid assumption thereof. Although no example of such incapacity need be given here so as not to limit the application of the provision under the principle of ejusdem generis, nevertheless such root cause must be identified as a psychological illness and its incapacitating nature fully explained. Expert evidence may be given by qualified psychiatrists and clinical psychologists. In the 2000 case of Marcos v. Marcos,43 the Court clarified that the above Guideline does not require that the respondent should be examined by a physician or psychologist as a condition sine qua non for the declaration of the nullity of marriage. What is important is "the presence of evidence that can adequately establish the partys psychological condition." Interestingly, in the same year (2000) that Marcos was decided, the Court backtracked a bit when it held inRepublic v. Dagdag44 that, "the root cause of psychological incapacity must be medically or clinically identified and sufficiently proven by experts" and this requirement was not deemed complied with where no psychiatrist or medical doctor testified on the alleged psychological incapacity of one party. Significantly, the New Rules on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages,45 promulgated by this Court on March 15, 2003, geared towards the relaxation of the requirement of expert opinion. Section 2, paragraph (d) states: (d) What to allege.- A petition under Article 36 of the Family Code shall specifically allege the complete facts showing that either or both parties were psychologically incapacitated from complying with the essential marital obligations of marriage at the time of the celebration of marriage even if such incapacity becomes manifest only after its celebration. The complete facts should allege the physical manifestations, if any, as are indicative of psychological incapacity at the time of the celebration of the marriage but expert opinion need not be alleged. In Barcelona v. Court of Appeals,46 this Court categorically explained that under the New Rules, a petition for declaration of nullity under Article 36 of the Family Code need not allege expert opinion on the psychological incapacity or on its root cause. What must be alleged are the physical manifestations indicative of said incapacity. The Court further held that the New Rules, being procedural in nature, apply to actions pending and unresolved at the time of their adoption. Later, in 2005, the Court reiterated the Marcos doctrine in Republic v. Iyoy.47 Thus:

A later case, Marcos v. Marcos, further clarified that there is no requirement that the defendant/respondent spouse should be personally examined by a physician or psychologist as a condition sine qua non for the declaration of nullity of marriage based on psychological incapacity. Accordingly, it is no longer necessary to allege expert opinion in a petition under Article 36 of the Family Code of the Philippines. Such psychological incapacity, however, must be established by the totality of the evidence presented during the trial. Significantly, the present case is exactly akin to Pesca v. Pesca.48 Pesca stemmed from a complaint for declaration of nullity of marriage under Article 36 filed by a battered wife sometime in April 1994. The trial court, in its Decision dated November 15, 1995, decreed the marriage void ab initio on the ground of psychological incapacity on the part of the husband. The Court of Appeals reversed the trial courts Decision, applying theGuidelines set forth in Santos v. Court of Appeals49 and Molina.50 When the matter was brought to this Court, the wife argued that Santos and Molina should not have retroactive application, the Guidelines being merely advisory and not mandatory in nature. She submitted that the proper application of Santos and Molina warranted only a remand of her case to the trial court for further proceedings, not a dismissal. The Court declined to remandPesca51 on the premise that the Santos and Molina Guidelines "constitute a part of the law as of the date the statute is enacted," thus: The doctrine of stare decisis, ordained in Article 8 of the Civil Code, expresses that judicial decisions applying or interpreting the law shall form part of the legal system of the Philippines. The rule follows the settled legal maxim legis interpretado legis vim obtinet that the interpretation placed upon the written law by a competent court has the force of law. The interpretation or construction placed by the courts establishes the contemporaneous legislative intent of the law. The latter as so interpreted and construed would thus constitute a part of the law as of the date the statute is enacted. It is only when a prior ruling of this Court finds itself later overruled, and a different view is adopted, that the new doctrine may have to be applied prospectively in favor of parties who have relied on the old doctrine and have acted in good faith in accordance therewith under the familiar rule of lex prospicit, non replicit. The Court then opted to examine the evidence. It affirmed that the wife failed, both in her allegations in the complaint and in her evidence, to make out a case of psychological incapacity on the part of her husband. The Court then concluded that "emotional immaturity and irresponsibility" cannot be equated with psychological incapacity. Applying the foregoing cases, Marcos, Barcelona, Iyoy, and Pesca, to the instant case, there is no reason to remand it to the trial court. The records clearly show that there is sufficient evidence to establish the psychological condition of Justo. III Whether the totality of evidence in the case shows psychological incapacity on the part of Justo as to justify the declaration of nullity of marriage. The last issue left for this Courts consideration is whether the totality of the evidence is sufficient to sustain a finding of psychological incapacity on the part of Justo so as to justify the dissolution of the marriage in question. At this juncture, it is imperative that the parties be reminded of the States policy on marriage. Article XV of the Constitution mandates that:

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SEC. 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development. SEC. 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State. This State policy on the inviolability of marriage has been enshrined in Article 1 of the Family Code which states that: ART. 1. Marriage is a special contract of permanent union, between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law, and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. Given the foregoing provisions of constitutional and statutory law, this Court has held fast to the position that any doubt as to the validity of a marriage is to be resolved in favor of its validity.52 Semper praesumitur pro matrimonio. Of course, the law recognizes that not all marriages are made in heaven. Imperfect humans more often than not create imperfect unions. Thus, when the imperfection is psychological in nature and renders a person incapacitated to comply with the essential marital obligations, the State provides refuge to the aggrieved spouse under Article 36 of the Family Code which reads: ART. 36. A marriage contracted by a party who, at the time of 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. In Molina,53 the Court laid down the Guidelines for the interpretation and application of Article 36, thus: (1) The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity. x x x. (2) The root cause of the psychological incapacity must be (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision. Article 36 of the Family Code requires that the incapacity must be psychological -- not physical, although its manifestations and/or symptoms may be physical. The evidence must convince the court that the parties, or one of them, were mentally or psychically ill to such an extent that the person could not have known the obligations he was assuming, or knowing them, could not have given valid assumption thereof. Although no example of such incapacity need be given here so as not to limit the application of the provision under the principle ofejusdem generis, nevertheless such root cause must be identified as a psychological illness and its incapacitating nature fully explained. Expert evidence may be given by qualified psychiatrists and clinical psychologists. (3) The incapacity must be proven to be existing at "the time of the celebration" of the marriage. The evidence must show that the illness was existing when the parties exchanged their "I dos." The manifestation of the illness need not be perceivable at such time, but the illness itself must have attached at such moment, or prior thereto.

(4) Such incapacity must also be shown to be medically or clinically permanent or incurable. Such incurability may be absolute or even relative only in regard to the other spouse, not necessarily absolutely against everyone of the same sex. Furthermore, such incapacity must be relevant to the assumption of marriage obligations, not necessarily to those not related to marriage, like the exercise of a profession or employment in a job. Hence, a pediatrician may be effective in diagnosing illnesses of children and prescribing medicine to cure them but may not be psychologically capacitated to procreate, bear and raise his/her own children as an essential obligation of marriage. (5) Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage. Thus, "mild characteriological peculiarities, mood changes, occasional emotional outbursts" cannot be accepted as root causes. The illness must be shown as downright incapacity or inability, not a refusal, neglect or difficulty, much less ill will. In other words, there is a natal or supervening disabling factor in the person, an adverse integral element in the personality structure that effectively incapacitates the person from really accepting and thereby complying with the obligations essential to marriage. (6) The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the same Code in regard to parents and their children. Such non-complied marital obligation(s) must also be stated in the petition, proven by evidence and included in the text of the decision. (7) Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts. (8) The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state. No decision shall be handed down unless the Solicitor General issues a certification, which will be quoted in the decision, briefly stating therein his reasons for his agreement or opposition, as the case may be, to the petition. The Solicitor General, along with the prosecuting attorney, shall submit to the court such certification within fifteen (15) days from the date the case is deemed submitted for resolution of the court. The Solicitor General shall discharge the equivalent function of the defensor vinculicontemplated under Canon 1095. The foregoing Guidelines incorporate the basic requirements mandated by the Court in Santos,54 to reiterate: psychological incapacity must be characterized by (a) gravity; (b) juridical antecedence; and (c) incurability. A review of the complaint, as well as the testimonial and documentary evidence, shows that Rosas main grounds in seeking the declaration of nullity of her marriage with Justo are his infidelity, profligacy which includes the falsification of her signature in one of the loan documents, failure to support the children, andabandonment of the family. Both the courts below found the charges unsubstantiated and untrue. However, this Court, in A.C. No. 5333 for disbarment, found the evidence sufficient to support Rosas charges of sexual infidelity, falsification of her signature, and abandonment of family, thus:

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ON THE CHARGE OF FALSIFICATION OF COMPLAINANTS SIGNATURE The handwriting examination conducted by the National Bureau of Investigation on the signatures of complainant Rosa Yap Paras and respondent Justo de Jesus Paras vis--vis the questioned signature "Rosa Y. Paras" appearing in the questioned bank loan documents, contracts of mortgage and other related instrument, yielded the following results: CONCLUSION: 1. The questioned and the standard sample signatures JUSTO J. PARAS were written by one and the same person. 2. The questioned and the standard sample signatures ROSA YAP PARAS were not written by one and the same person. (Annex "B", Rollo, p. 26, emphasis ours;) The NBI did not make a categorical statement that respondent forged the signatures of complainant. However, an analysis of the above findings lead to no other conclusion than that the questioned or falsified signatures of complainant Rosa Y. Paras were authored by respondent as said falsified signatures were the same as the sample signatures of respondent. To explain this anomaly, respondent presented a Special Power of Attorney (SPA) executed in his favor by complainant to negotiate for an agricultural or crop loan from the Bais Rural Bank of Bais City. Instead of exculpating respondent, the presence of the SPA places him in hot water. For if he was so authorized to obtain loans from the banks, then why did he have to falsify his wifes signatures in the bank loan documents? The purpose of an SPA is to especially authorize the attorney-in-fact to sign for and on behalf of the principal using his own name. ON THE CHARGE OF IMMORALITY AND CONCUBINAGE The evidence against respondent is overwhelming. The affidavit-statements of his children and three other persons who used to work with him and have witnessed the acts indicative of his infidelity more than satisfy this Court that respondent has strayed from the marital path. The baptismal certificate of Cyndee Rose Paras where respondent was named as the father of the child (Annex "J", Rollo, p. 108); his naming the child after his deceased first-born daughter Cyndee Rose; and his allowing Jocelyn Ching and the child to live in their house in Dumaguete City bolster the allegation that respondent is carrying on an illicit affair with Ms. Ching, the mother of his illegitimate child. While this Court is convinced that the charges hurled against Justo by Rosa, such as sexual infidelity, falsification of her signature, abandonment and inadequate support of children, are true, nonetheless, there is nothing in the records showing that they were caused by a psychological disorder on his part. In other words, the totality of the evidence is not sufficient to show that Justo is psychologically incapacitated to comply with the essential marital obligations. The records indicate that the marriage between the parties had a good start, resulting in the birth of their four (4) children. The early days of their cohabitation were blissful and harmonious. Justo was deeply in love with Rosa, even persuading his mother to give her a dowry. They were able to build a 10-room family home and acquire several properties, thus, proving themselves to be responsible couple. Even Rosa admitted that Justo took care of their children when they were young. Unfortunately, the passage of time appeared to have taken its toll on their relationship. The

acts committed by Justo appeared to have been the result of irreconcilable differences between them caused by the death of their two (2) children and financial difficulties due to his failure to win the mayoralty election and to sustain his law practice. Furthermore, the superior business acumen of Rosa, as well as the insolent attitude of her family towards Justo, busted his ego and lowered his self-esteem. There is no evidence that Justos "defects" were present at the inception of the marriage. His "defects" surfaced only in the latter years when these events took place; their two children died; he lost in the election; he failed in his business ventures and law practice; and felt the disdain of his wife and her family. Surely, these circumstances explain why Rosa filed the present case only after almost 30 years of their marriage. Equally important is that records fail to indicate that Justos "defects" are incurable or grave. The following catena of cases provides an adequate basis why the marriage between Justo and Rosa should not be annulled. In Dedel v. Court of Appeals55 which involved a promiscuous wife who left her family to live with one of her many paramours, this Court ruled that the acts of sexual infidelity and abandonment do not constitute psychological incapacity absent a showing of the presence of such promiscuity at the inception of the marriage, thus: x x x. In this case, respondents sexual infidelity can hardly qualify as being mentally or physically ill to such an extent that she could not have known the obligations she was assuming, or knowing them, could not have given a valid assumption thereof. It appears that respondents promiscuity did not exist prior to or at the inception of the marriage. What is, in fact, disclosed by the records is a blissful marital union at its celebration, later affirmed in church rites, and which produced four children. Respondents sexual infidelity or perversion and abandonment do not by themselves constitute psychological incapacity within the contemplation of the Family Code. Neither could her emotional immaturity and irresponsibility be equated with psychological incapacity. It must be shown that these acts are manifestations of a disordered personality which make respondent completely unable to discharge the essential obligations of the marital state, not merely due to her youth, immaturity, or sexual promiscuity. In Carating-Siayngco v. Siayngco,56 the wifes inability to conceive led her husband to other women so he could fulfill his ardent wish to have a child of his own flesh and blood. This Court ruled that this is not a manifestation of psychological incapacity in the contemplation of the Family Code. In Choa v. Choa,57 this Court declared that a mere showing of irreconcilable differences and conflicting personalities does not constitute psychological incapacity. And, again, in Iyoy,58 a Filipina left her husband, married an American and had a family by him, which she flaunted to her former husband. This Court ruled that these acts, while embarrassing and hurting to the latter, did not satisfactorily establish a serious or grave psychological or mental defect of an incurable nature present at the time of marriage; and that irreconcilable differences, conflicting personalities, emotional immaturity, and irresponsibility, physical abuse, habitual alcoholism, sexual infidelity or perversion, and abandonment per se do not warrant a finding of psychological incapacity under Article 36. What is clear in this case is a husband who has gone astray from the path of marriage because of a conflicting relationship with his wife and her family and repeated lifes setbacks. While these do not justify his sins, they are not sufficient to establish that he is psychologically incapacitated.

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It is worthy to emphasize that Article 36 contemplates downright incapacity or inability to take cognizance of and assume the basic marital obligations, not a mere refusal, neglect or difficulty, much less, ill will, on the part of the errant spouse.59 As this Court repeatedly declares, Article 36 of the Family Code is not to be confused with a divorce law that cuts the marital bond at the time the causes thereof manifest themselves. It refers to a serious psychological illness afflicting a party even before the celebration of the marriage. It is a malady so grave and so permanent as to deprive one of awareness of the duties and responsibilities of the matrimonial bond one is about to assume. These marital obligations are those provided under Articles 68 to 71, 220, 221 and 225 of the Family Code.60 Neither should Article 36 be equated with legal separation, in which the grounds need not be rooted in psychological incapacity but on physical violence, moral pressure, moral corruption, civil interdiction, drug addiction, sexual infidelity, and abandonment, and the like. At best the evidence presented by petitioner refers only to grounds for legal separation, not for declaring a marriage void.61 In sum, this Court finds no cogent reason to reverse the ruling of the Court of Appeals. While this Court commiserates with Rosas plight, however, it has no choice but to apply the law. Dura lex sed lex. WHEREFORE, the petition is DENIED. The assailed Decision and Resolution of the Court of Appeals in CA-G.R. CV No. 49915 are AFFIRMED. No pronouncement as to costs. SO ORDERED.

LESTER BENJAMIN S. HALILI, Petitioner,

G.R. No. 165424 Present: PUNO, C.J., Chairperson, CARPIO,* CORONA, AZCUNA and LEONARDO-DE CASTRO, JJ.

- versus

CHONA M. SANTOS-HALILI and THE REPUBLIC OF THE PHILIPPINES, Respondents.

Promulgated: April 16, 2008

x - - - - - - - - - - - - - - - - - - - - - - - - -- - - -- - - -- - - -- - - -- - - - - - - - - x CORONA, J.: RESOLUTION

This petition for review on certiorari under Rule 45 of the Rules of Court seeks to set aside the January 26, 2004 decision[1]and September 24, 2004 resolution[2] of the Court of Appeals (CA) in CA-G.R. CV No. 60010. Petitioner Lester Benjamin S. Halili and respondent Chona M. Santos-Halili[3] were only 21 and 19 years of age, respectively, when they got married on July 4, 1995 at the City Hall of Manila. After the wedding, they continued to live with their respective parents and never lived together but maintained the relationship nonetheless. A year after, the couple started bickering constantly. Petitioner stopped seeing respondent and went on dates with other women. It was at this time that he started receiving prank calls telling him to stop dating other women as he was already a married man. Thereafter, petitioner filed in the Regional Trial Court (RTC) of Pasig City, Branch 158 a petition for the declaration of nullity of the marriage on the ground that he was psychologically incapacitated to fulfill his essential marital obligations to respondent.[4] He claimed that he thought that the wedding performed at the City Hall of Manila was a joke and that the marriage certificate he signed was fake. He also pointed out that he and respondent never lived together as husband and wife and never consummated the marriage. The RTC granted the petition and declared petitioner psychologically incapacitated to fulfill the essential marital obligations. On appeal, the CA reversed and set aside the RTC decision and held that, taken in totality, the evidence for petitioner failed to establish his psychological incapacity. Petitioner moved for reconsideration. The same was denied. Hence, this petition. The question before us is whether or not the totality of evidence presented is sufficient to prove that petitioner suffered from psychological incapacity which effectively prevented him from complying with his essential marital obligations. We deny the petition. Petitioner had the burden of proving the nullity of his marriage with respondent.[5] He failed to discharge the burden. The evidence for petitioner consisted of his own testimony and a psychological report written by Dr. Natividad A. Dayan, Ph. D., a clinical psychologist, who also testified on the matters contained therein. According to Dr. Dayan, petitioner was suffering from a personality disorder characterized as a mixed personality

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disorder from self-defeating personality to dependent personality disorder brought about by a dysfunctional family background. Petitioner's father was very abusive and domineering. Although petitioner and his siblings were adequately supported by their father, a very wealthy man, they lacked affirmation. Because of this, petitioner grew up without self-confidence and very immature. He never really understood what it meant to have a family, much less to be a husband. According to Dr. Dayan, this was very much evident in petitioner's impulsive decision to get married despite having gone steady with respondent for only six months. Moreover, she added that both petitioner and respondent were psychologically incapacitated to perform their essential marital obligations as they never lived together as husband and wife. They also never consummated their marriage. Furthermore, they constantly fought. Their separation was inevitable as they were both immature. Dr. Dayan then abruptly concluded that petitioner's psychological incapacity was grave and incurable. In this case, although petitioner was able to establish his immaturity, as evidenced by the psychological report and as testified to by him and Dr. Dayan, the same hardly constituted sufficient cause for declaring the marriage null and void on the ground of psychological incapacity. It had to be characterized by gravity, juridical antecedence and incurability.[6] In Republic v. CA and Molina,[7] we ruled that the psychological incapacity must be more than just a difficulty, a refusal or a neglect in the performance of some marital obligations. A mere showing of irreconcilable differences and conflicting personalities does not equate to psychological incapacity.[8] Proof of a natal or supervening disabling factor, an adverse integral element in petitioner's personality structure that effectively incapacitated him from complying with his essential marital obligations,[9]had to be shown. In this, petitioner failed. The evidence adduced by petitioner merely showed that he and respondent had difficulty getting along with each other as they constantly fought over petty things.[10] However, there was no showing of the gravity and incurability of the psychological disorder supposedly inherent in petitioner, except for the mere statement or conclusion to that effect in the psychological report. The report, and even the testimonies given by petitioner and his expert witness at the trial, dismally failed to prove that petitioner's alleged disorder was grave enough and incurable to bring about his disability to assume the essential obligations of marriage. Petitioner also made much of the fact that he and respondent never lived together as husband and wife. This, however, fails to move us considering that there may be instances when, for economic and practical reasons, a married couple might have to live separately though the marital bond between them remains.[11] In fact, both parties were college students when they got married and were obviously without the financial means to live on their own. Thus, their not having lived together under one roof did not necessarily give rise to the conclusion that one of them was psychologically incapacitated to comply with the essential marital obligations. It is worth noting that petitioner himself admitted that he and respondent continued the relationship after the marriage ceremony. It was only when they started fighting constantly a year later that he decided to file a petition to have the marriage annulled. It appears that petitioner just chose to give up on the marriage too soon and too easily. WHEREFORE, the petition is hereby DENIED. The January 26, 2004 decision and September 24, 2004 resolution of the Court of Appeals in CA-G.R. CV No. 60010 are AFFIRMED. Costs against petitioner. SO ORDERED.

G.R. No. 165424

June 9, 2009

LESTER BENJAMIN S. HALILI, Petitioner, vs. CHONA M. SANTOS-HALILI and THE REPUBLIC OF THE PHILIPPINES, Respondents. RESOLUTION CORONA, J.: This resolves the motion for reconsideration of the April 16, 2008 resolution of this Court denying petitioners petition for review on certiorari (under Rule 45 of the Rules of Court). The petition sought to set aside the January 26, 2004 decision1 and September 24, 2004 resolution2 of the Court of Appeals (CA) in CA-G.R. CV No. 60010. Petitioner Lester Benjamin S. Halili filed a petition to declare his marriage to respondent Chona M. Santos-Halili null and void on the basis of his psychological incapacity to perform the essential obligations of marriage in the Regional Trial Court (RTC), Pasig City, Branch 158. He alleged that he wed respondent in civil rites thinking that it was a "joke." After the ceremonies, they never lived together as husband and wife, but maintained the relationship. However, they started fighting constantly a year later, at which point petitioner decided to stop seeing respondent and started dating other women. Immediately thereafter, he received prank calls telling him to stop dating other women as he was already a married man. It was only upon making an inquiry that he found out that the marriage was not "fake." Eventually, the RTC found petitioner to be suffering from a mixed personality disorder, particularly dependent and self-defeating personality disorder, as diagnosed by his expert witness, Dr. Natividad Dayan. The court a quo held that petitioners personality disorder was serious and incurable and directly affected his capacity to comply with his essential marital obligations to respondent. It thus declared the marriage null and void.3 On appeal, the CA reversed and set aside the decision of the trial court on the ground that the totality of the evidence presented failed to establish petitioners psychological incapacity. Petitioner moved for reconsideration. It was denied. The case was elevated to this Court via a petition for review under Rule 45. We affirmed the CAs decision and resolution upholding the validity of the marriage. Petitioner then filed this motion for reconsideration reiterating his argument that his marriage to respondent ought to be declared null and void on the basis of his psychological incapacity. He stressed that the evidence he presented, especially the testimony of his expert witness, was more than enough to sustain the findings and conclusions of the trial court that he was and still is psychologically incapable of complying with the essential obligations of marriage. We grant the motion for reconsideration. In the recent case of Te v. Yu-Te and the Republic of the Philippines,4 this Court reiterated that courts should interpret the provision on psychological incapacity (as a ground for the declaration of nullity of a marriage) on a case-to-case basis guided by experience, the findings of experts and researchers in psychological disciplines and by decisions of church tribunals. Accordingly, we emphasized that, by the very nature of Article 36, courts, despite having the primary task and burden of decision-

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making, must consider as essential the expert opinion on the psychological and mental disposition of the parties.5 In this case, the testimony6 of petitioners expert witness revealed that petitioner was suffering from dependent personality disorder. Thus: Q. Dr. Dayan, going back to the examinations and interviews which you conducted, can you briefly tell this court your findings [and] conclusions? A. Well, the petitioner is suffering from a personality disorder. It is a mixed personality disorder from selfdefeating personality disorder to [dependent] personality disorder and this is brought about by [a] dysfunctional family that petitioner had. He also suffered from partner relational problem during his marriage with Chona. There were lots of fights and it was not truly a marriage, sir. Q. Now, what made you conclude that Lester is suffering from psychological incapacity to handle the essential obligations of marriage? A. Sir, for the reason that his motivation for marriage was very questionable. It was a very impulsive decision. I dont think he understood what it meant to really be married and after the marriage, there was no consummation, there was no sexual intercourse, he never lived with the respondent. And after three months he refused to see or talk with the respondent and afterwards, I guess the relationship died a natural death, and he never thought it was a really serious matter at all. xx xx xx Q. Likewise, you stated here in your evaluation that Lester Halili and respondent suffered from a grave lack of discretionary judgment. Can you expound on this? A. xx xx I dont think they truly appreciate the civil [rites which] they had undergone. [It was] just a spur of the moment decision that they should get married xx xx I dont think they truly considered themselves married. xx xx xx Q. Now [from] what particular portion of their marriage were you able to conclude xx xx that petitioner and respondent are suffering from psychological incapacity? A. xx xx they never lived together[.] [T]hey never had a residence, they never consummated the marriage. During the very short relationship they had, there were frequent quarrels and so there might be a problem also of lack of respect [for] each other and afterwards there was abandonment. In Te, this Court defined dependent personality disorder7 as [a] personality disorder characterized by a pattern of dependent and submissive behavior. Such individuals usually lack selfesteem and frequently belittle their capabilities; they fear criticism and are easily hurt by others comments. At times they actually bring about dominance by others through a quest for overprotection. Dependent personality disorder usually begins in ear ly adulthood. Individuals who have this disorder may be unable to make everyday decisions without advice or reassurance from others, may allow others to make most of their important decisions (such as where to live), tend to agree with people even

when they believe they are wrong, have difficulty starting projects or doing things on their own, volunteer to do things that are demeaning in order to get approval from other people, feel uncomfortable or helpless when alone and are often preoccupied with fears of being abandoned.1avvphil In her psychological report,8 Dr. Dayan stated that petitioners dependent personality disorder was evident in the fact that petitioner was very much attached to his parents and depended on them for decisions.9 Petitioners mother even had to be the one to tell him to seek legal help when he felt confused on what action to take upon learning that his marriage to respondent was for real.10 Dr. Dayan further observed that, as expected of persons suffering from a dependent personality disorder, petitioner typically acted in a self-denigrating manner and displayed a self-defeating attitude. This submissive attitude encouraged other people to take advantage of him.11 This could be seen in the way petitioner allowed himself to be dominated, first, by his father who treated his family like robots12 and, later, by respondent who was as domineering as his father.13 When petitioner could no longer take respondents domineering ways, he preferred to hide from her rather than confront her and tell her outright that he wanted to end their marriage.14 Dr. Dayan traced petitioners personality disorder to his dysfunctional family life, to wit:15 Q. And what might be the root cause of such psychological incapacity? A. Sir, I mentioned awhile ago that Lesters family is dysfunctional. The father was very abusive, very domineering. The mother has been very unhappy and the children never had affirmation. They might [have been] x x x given financial support because the father was [a] very affluent person but it was never an intact family. x x x The wife and the children were practically robots. And so, I would say Lester grew up, not having self-confidence, very immature and somehow not truly understand[ing] what [it] meant to be a husband, what [it] meant to have a real family life. Ultimately, Dr. Dayan concluded that petitioners personality disorder was grave and incurable and already existent at the time of the celebration of his marriage to respondent.16 It has been sufficiently established that petitioner had a psychological condition that was grave and incurable and had a deeply rooted cause. This Court, in the same Te case, recognized that individuals with diagnosable personality disorders usually have long-term concerns, and thus therapy may be longterm.17 Particularly, personality disorders are "long-standing, inflexible ways of behaving that are not so much severe mental disorders as dysfunctional styles of living. These disorders affect all areas of functioning and, beginning in childhood or adolescence, create problems for those who display them and for others."18 From the foregoing, it has been shown that petitioner is indeed suffering from psychological incapacity that effectively renders him unable to perform the essential obligations of marriage. Accordingly, the marriage between petitioner and respondent is declared null and void. WHEREFORE, the motion for reconsideration is hereby GRANTED. The April 16, 2008 resolution of this Court and the January 26, 2004 decision and September 24, 2004 resolution of the Court of Appeals in CA-G.R. CV No. 60010 are SET ASIDE. The decision of the Regional Trial Court, Pasig City, Branch 158 dated April 17, 1998 is hereby REINSTATED. SO ORDERED.

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G.R. No. 161793

February 13, 2009

EDWARD KENNETH NGO TE, Petitioner, vs. ROWENA ONG GUTIERREZ YU-TE, Respondent, REPUBLIC OF THE PHILIPPINES, Oppositor. DECISION NACHURA, J.: Far from novel is the issue involved in this petition. Psychological incapacity, since its incorporation in our laws, has become a clichd subject of discussion in our jurisprudence. The Court treats this case, however, with much ado, it having realized that current jurisprudential doctrine has unnecessarily imposed a perspective by which psychological incapacity should be viewed, totally inconsistent with the way the concept was formulated free in form and devoid of any definition. For the resolution of the Court is a petition for review on certiorari under Rule 45 of the Rules of Court assailing the August 5, 2003 Decision1 of the Court of Appeals (CA) in CA-G.R. CV No. 71867. The petition further assails the January 19, 2004 Resolution2 denying the motion for the reconsideration of the challenged decision. The relevant facts and proceedings follow. Petitioner Edward Kenneth Ngo Te first got a glimpse of respondent Rowena Ong Gutierrez Yu-Te in a gathering organized by the Filipino-Chinese association in their college. Edward was then initially attracted to Rowenas close friend; but, as the latter already had a boyfriend, the young man decided to court Rowena. That was in January 1996, when petitioner was a sophomore student and respondent, a freshman.3 Sharing similar angst towards their families, the two understood one another and developed a certain degree of closeness towards each other. In March 1996, or around three months after their first meeting, Rowena asked Edward that they elope. At first, he refused, bickering that he was young and jobless. Her persistence, however, made him relent. Thus, they left Manila and sailed to Cebu that month; he, providing their travel money and she, purchasing the boat ticket.4 However, Edwards P80,000.00 lasted for only a month. Their pension house accommodation and daily sustenance fast depleted it. And they could not find a job. In April 1996, they decided to go back to Manila. Rowena proceeded to her uncles house and Edward to his parents home. As his family was abroad, and Rowena kept on telephoning him, threatening him that she would commit suicide, Edward agreed to stay with Rowena at her uncles place.5 On April 23, 1996, Rowenas uncle brought the two to a court to get married. He was then 25 years old, and she, 20.6 The two then continued to stay at her uncles place where Edward was treated like a prisonerhe was not allowed to go out unaccompanied. Her uncle also showed Edward his guns and warned the latter not to leave Rowena.7 At one point, Edward was able to call home and talk to his brother who suggested that they should stay at their parents home and live with them. Edward relayed this to Rowena who, however, suggested that he should get his inheritance so that they could live on their own. Edward talked to his father about this, but the patriarch got mad, told Edward that he would be disinherited, and insisted that Edward must go home.8 After a month, Edward escaped from the house of Rowenas uncle, and stayed with his parents. His family then hid him from Rowena and her family whenever they telephoned to ask for him.9

In June 1996, Edward was able to talk to Rowena. Unmoved by his persistence that they should live with his parents, she said that it was better for them to live separate lives. They then parted ways.10 After almost four years, or on January 18, 2000, Edward filed a petition before the Regional Trial Court (RTC) of Quezon City, Branch 106, for the annulment of his marriage to Rowena on the basis of the latters psychological incapacity. This was docketed as Civil Case No. Q-00-39720.11 As Rowena did not file an answer, the trial court, on July 11, 2000, ordered the Office of the City Prosecutor (OCP) of Quezon City to investigate whether there was collusion between the parties.12 In the meantime, on July 27, 2000, the Office of the Solicitor General (OSG) entered its appearance and deputized the OCP to appear on its behalf and assist it in the scheduled hearings.13 On August 23, 2000, the OCP submitted an investigation report stating that it could not determine if there was collusion between the parties; thus, it recommended trial on the merits.14 The clinical psychologist who examined petitioner found both parties psychologically incapacitated, and made the following findings and conclusions: BACKGROUND DATA & BRIEF MARITAL HISTORY: EDWARD KENNETH NGO TE is a [29-year-old] Filipino male adult born and baptized Born Again Christian at Manila. He finished two years in college at AMA Computer College last 1994 and is currently unemployed. He is married to and separated from ROWENA GUTIERREZ YU-TE. He presented himself at my office for a psychological evaluation in relation to his petition for Nullification of Marriage against the latter by the grounds of psychological incapacity. He is now residing at 181 P. Tuazon Street, Quezon City. Petitioner got himself three siblings who are now in business and one deceased sister. Both his parents are also in the business world by whom he [considers] as generous, hospitable, and patient. This said virtues are said to be handed to each of the family member. He generally considers himself to be quiet and simple. He clearly remembers himself to be afraid of meeting people. After 1994, he tried his luck in being a Sales Executive of Mansfield International Incorporated. And because of job incompetence, as well as being quiet and loner, he did not stay long in the job until 1996. His interest lie[s] on becoming a full servant of God by being a priest or a pastor. He [is] said to isolate himself from his friends even during his childhood days as he only loves to read the Bible and hear its message. Respondent is said to come from a fine family despite having a lazy father and a disobedient wife. She is said to have not finish[ed] her collegiate degree and shared intimate sexual moments with her boyfriend prior to that with petitioner. In January of 1996, respondent showed her kindness to petitioner and this became the foundation of their intimate relationship. After a month of dating, petitioner mentioned to respondent that he is having problems with his family. Respondent surprisingly retorted that she also hates her family and that she actually wanted to get out of their lives. From that [time on], respondent had insisted to petitioner that they should elope and live together. Petitioner hesitated because he is not prepared as they are both young and inexperienced, but she insisted that they would somehow manage because petitioner is rich. In the last week of March 1996, respondent seriously brought the idea of eloping and she already bought tickets for the boat going to Cebu. Petitioner reluctantly agreed to the idea and so they eloped to Cebu. The parties are supposed to stay at the house of a friend of respondent, but they were not able to locate her, so petitioner was compelled to rent an apartment. The parties tried to look for a job but could not find any so it was suggested by respondent that they should go back and seek help

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from petitioners parents. When the parties arrived at the house of petitioner, all of his whole family was all out of the country so respondent decided to go back to her home for the meantime while petitioner stayed behind at their home. After a few days of separation, respondent called petitioner by phone and said she wanted to talk to him. Petitioner responded immediately and when he arrived at their house, respondent confronted petitioner as to why he appeared to be cold, respondent acted irrationally and even threatened to commit suicide. Petitioner got scared so he went home again. Respondent would call by phone every now and then and became angry as petitioner does not know what to do. Respondent went to the extent of threatening to file a case against petitioner and scandalize his family in the newspaper. Petitioner asked her how he would be able to make amends and at this point in time[,] respondent brought the idea of marriage. Petitioner[,] out of frustration in life[,] agreed to her to pacify her. And so on April 23, 1996, respondents uncle brought the parties to Valenzuela[,] and on that very same day[,] petitioner was made to sign the Marriage Contract before the Judge. Petitioner actually never applied for any Marriage License. Respondent decided that they should stay first at their house until after arrival of the parents of petitioner. But when the parents of petitioner arrived, respondent refused to allow petitioner to go home. Petitioner was threatened in so many ways with her uncle showing to him many guns. Respondent even threatened that if he should persist in going home, they will commission their military friends to harm his family. Respondent even made petitioner sign a declaration that if he should perish, the authorities should look for him at his parents[ ]and relatives[ ]houses. Sometime in June of 1996, petitioner was able to escape and he went home. He told his parents about his predicament and they forgave him and supported him by giving him military escort. Petitioner, however, did not inform them that he signed a marriage contract with respondent. When they knew about it[,] petitioner was referred for counseling. Petitioner[,] after the counseling[,] tried to contact respondent. Petitioner offered her to live instead to[sic] the home of petitioners parents while they are still studying. Respondent refused the idea and claimed that she would only live with him if they will have a separate home of their own and be away from his parents. She also intimated to petitioner that he should already get his share of whatever he would inherit from his parents so they can start a new life. Respondent demanded these not knowing [that] the petitioner already settled his differences with his own family. When respondent refused to live with petitioner where he chose for them to stay, petitioner decided to tell her to stop harassing the home of his parents. He told her already that he was disinherited and since he also does not have a job, he would not be able to support her. After knowing that petitioner does not have any money anymore, respondent stopped tormenting petitioner and informed petitioner that they should live separate lives. The said relationship between Edward and Rowena is said to be undoubtedly in the wreck and weakly-founded. The break-up was caused by both parties[] unreadiness to commitment and their young age. He was still in the state of finding his fate and fighting boredom, while she was still egocentrically involved with herself. TESTS ADMINISTERED: Revised Beta Examination Bender Visual Motor Gestalt Test Draw A Person Test Rorschach Psychodiagnostic Test Sachs Sentence Completion Test MMPI

TEST RESULTS & EVALUATION: Both petitioner and respondent are dubbed to be emotionally immature and recklessly impulsive upon swearing to their marital vows as each of them was motivated by different notions on marriage. Edward Kenneth Ngo Te, the petitioner in this case[,] is said to be still unsure and unready so as to commit himself to marriage. He is still founded to be on the search of what he wants in life. He is absconded as an introvert as he is not really sociable and displays a lack of interest in social interactions and mingling with other individuals. He is seen too akin to this kind of lifestyle that he finds it boring and uninteresting to commit himself to a relationship especially to that of respondent, as aggravated by her dangerously aggressive moves. As he is more of the reserved and timid type of person, as he prefer to be religiously attached and spend a solemn time alone. ROWENA GUTIERREZ YU-TE, the respondent, is said to be of the aggressive-rebellious type of woman. She is seen to be somewhat exploitative in her [plight] for a life of wealth and glamour. She is seen to take move on marriage as she thought that her marriage with petitioner will bring her good fortune because he is part of a rich family. In order to have her dreams realized, she used force and threats knowing that [her] husband is somehow weak-willed. Upon the realization that there is really no chance for wealth, she gladly finds her way out of the relationship. REMARKS: Before going to marriage, one should really get to know himself and marry himself before submitting to marital vows. Marriage should not be taken out of intuition as it is profoundly a serious institution solemnized by religious and law. In the case presented by petitioner and respondent[,] (sic) it is evidently clear that both parties have impulsively taken marriage for granted as they are still unaware of their own selves. He is extremely introvert to the point of weakening their relationship by his weak behavioral disposition. She, on the other hand[,] is extremely exploitative and aggressive so as to be unlawful, insincere and undoubtedly uncaring in her strides toward convenience. It is apparent that she is suffering the grave, severe, and incurable presence of Narcissistic and Antisocial Personality Disorder that started since childhood and only manifested during marriage. Both parties display psychological incapacities that made marriage a big mistake for them to take.15 The trial court, on July 30, 2001, rendered its Decision16 declaring the marriage of the parties null and void on the ground that both parties were psychologically incapacitated to comply with the essential marital obligations.17 The Republic, represented by the OSG, timely filed its notice of appeal.18 On review, the appellate court, in the assailed August 5, 2003 Decision19 in CA-G.R. CV No. 71867, reversed and set aside the trial courts ruling.20 It ruled that petitioner failed to prove the psychological incapacity of respondent. The clinical psychologist did not personally examine respondent, and relied only on the information provided by petitioner. Further, the psychological incapacity was not shown to be attended by gravity, juridical antecedence and incurability. In sum, the evidence adduced fell short of the requirements stated in Republic v. Court of Appeals and Molina21 needed for the declaration of nullity of the marriage under Article 36 of the Family Code.22 The CA faulted the lower court for rendering the decision without the required certification of the OSG briefly stating therein the OSGs reasons for its agreement with or opposition to, as the case may be, the petition.23 The CA later denied petitioners motion for reconsideration in the likewise assailed January 19, 2004 Resolution.24 Dissatisfied, petitioner filed before this Court the instant petition for review on certiorari. On June 15, 2005, the Court gave due course to the petition and required the parties to submit their respective memoranda.25

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In his memorandum,26 petitioner argues that the CA erred in substituting its own judgment for that of the trial court. He posits that the RTC declared the marriage void, not only because of respondents psychological incapacity, but rather due to both parties psychological incapacity. Petitioner also points out that there is no requirement for the psychologist to personally examine respondent. Further, he avers that the OSG is bound by the actions of the OCP because the latter represented it during the trial; and it had been furnished copies of all the pleadings, the trial court orders and notices.27 For its part, the OSG contends in its memorandum,28 that the annulment petition filed before the RTC contains no statement of the essential marital obligations that the parties failed to comply with. The root cause of the psychological incapacity was likewise not alleged in the petition; neither was it medically or clinically identified. The purported incapacity of both parties was not shown to be medically or clinically permanent or incurable. And the clinical psychologist did not personally examine the respondent. Thus, the OSG concludes that the requirements in Molina29 were not satisfied.30 The Court now resolves the singular issue of whether, based on Article 36 of the Family Code, the marriage between the parties is null and void.31 I. We begin by examining the provision, tracing its origin and charting the development of jurisprudence interpreting it. Article 36 of the Family Code32 provides: Article 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. As borne out by the deliberations of the Civil Code Revision Committee that drafted the Family Code, Article 36 was based on grounds available in the Canon Law. Thus, Justice Flerida Ruth P. Romero elucidated in her separate opinion in Santos v. Court of Appeals:33 However, as a member of both the Family Law Revision Committee of the Integrated Bar of the Philippines and the Civil Code Revision Commission of the UP Law Center, I wish to add some observations. The letter dated April 15, 1985 of then Judge Alicia V. Sempio-Diy written in behalf of the Family Law and Civil Code Revision Committee to then Assemblywoman Mercedes Cojuangco-Teodoro traced the background of the inclusion of the present Article 36 in the Family Code. "During its early meetings, the Family Law Committee had thought of including a chapter on absolute divorce in the draft of a new Family Code (Book I of the Civil Code) that it had been tasked by the IBP and the UP Law Center to prepare. In fact, some members of the Committee were in favor of a no-fault divorce between the spouses after a number of years of separation, legal or de facto. Justice J.B.L. Reyes was then requested to prepare a proposal for an action for dissolution of marriage and the effects thereof based on two grounds: (a) five continuous years of separation between the spouses, with or without a judicial decree of legal separation, and (b) whenever a married person would have obtained a decree of absolute divorce in another country. Actually, such a proposal is one for absolute divorce but called by another name. Later, even the Civil Code Revision Committee took time to discuss the proposal of Justice Reyes on this matter. Subsequently, however, when the Civil Code Revision Committee and Family Law Committee started holding joint meetings on the preparation of the draft of the New Family Code, they agreed and formulated the definition of marriage as a special contract of permanent partnership between a man and a woman entered into in accordance with law for the

establishment of conjugal and family life. It is an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by law. With the above definition, and considering the Christian traditional concept of marriage of the Filipino people as a permanent, inviolable, indissoluble social institution upon which the family and society are founded, and also realizing the strong opposition that any provision on absolute divorce would encounter from the Catholic Church and the Catholic sector of our citizenry to whom the great majority of our people belong, the two Committees in their joint meetings did not pursue the idea of absolute divorce and, instead, opted for an action for judicial declaration of invalidity of marriage based on grounds available in the Canon Law. It was thought that such an action would not only be an acceptable alternative to divorce but would also solve the nagging problem of church annulments of marriages on grounds not recognized by the civil law of the State. Justice Reyes was, thus, requested to again prepare a draft of provisions on such action for celebration of invalidity of marriage. Still later, to avoid the overlapping of provisions on void marriages as found in the present Civil Code and those proposed by Justice Reyes on judicial declaration of invalidity of marriage on grounds similar to the Canon Law, the two Committees now working as a Joint Committee in the preparation of a New Family Code decided to consolidate the present provisions on void marriages with the proposals of Justice Reyes. The result was the inclusion of an additional kind of void marriage in the enumeration of void marriages in the present Civil Code, to wit: (7) those marriages contracted by any party who, at the time of the celebration, was wanting in the sufficient use of reason or judgment to understand the essential nature of marriage or was psychologically or mentally incapacitated to discharge the essential marital obligations, even if such lack or incapacity is made manifest after the celebration. as well as the following implementing provisions: Art. 32. The absolute nullity of a marriage may be invoked or pleaded only on the basis of a final judgment declaring the marriage void, without prejudice to the provision of Article 34. Art. 33. The action or defense for the declaration of the absolute nullity of a marriage shall not prescribe. xxxxxxxxx It is believed that many hopelessly broken marriages in our country today may already be dissolved or annulled on the grounds proposed by the Joint Committee on declaration of nullity as well as annulment of marriages, thus rendering an absolute divorce law unnecessary. In fact, during a conference with Father Gerald Healy of the Ateneo University, as well as another meeting with Archbishop Oscar Cruz of the Archdiocese of Pampanga, the Joint Committee was informed that since Vatican II, the Catholic Church has been declaring marriages null and void on the ground of "lack of due discretion" for causes that, in other jurisdictions, would be clear grounds for divorce, like teen-age or premature marriages; marriage to a man who, because of some personality disorder or disturbance, cannot support a family; the foolish or ridiculous choice of a spouse by an otherwise perfectly normal person; marriage to a woman who refuses to cohabit with her husband or who refuses to have children. Bishop Cruz also informed the Committee that they have found out in tribunal work that a lot of machismo among husbands are manifestations of their sociopathic personality anomaly, like inflicting physical violence upon their wives, constitutional indolence or laziness, drug dependence or addiction, and psychosexual anomaly.34

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In her separate opinion in Molina,35 she expounded: At the Committee meeting of July 26, 1986, the draft provision read: "(7) Those marriages contracted by any party who, at the time of the celebration, was wanting in the sufficient use of reason or judgment to understand the essential nature of marriage or was psychologically or mentally incapacitated to discharge the essential marital obligations, even if such lack of incapacity is made manifest after the celebration." The twists and turns which the ensuing discussion took finally produced the following revised provision even before the session was over: "(7) That contracted by any party who, at the time of the celebration, was psychologically incapacitated to discharge the essential marital obligations, even if such lack or incapacity becomes manifest after the celebration." Noticeably, the immediately preceding formulation above has dropped any reference to "wanting in the sufficient use of reason or judgment to understand the essential nature of marriage" and to "mentally incapacitated." It was explained that these phrases refer to "defects in the mental faculties vitiating consent, which is not the idea . . . but lack of appreciation of one's marital obligation." There being a defect in consent, "it is clear that it should be a ground for voidable marriage because there is the appearance of consent and it is capable of convalidation for the simple reason that there are lucid intervals and there are cases when the insanity is curable . . . Psychological incapacity does not refer to mental faculties and has nothing to do with consent; it refers to obligations attendant to marriage." My own position as a member of the Committee then was that psychological incapacity is, in a sense, insanity of a lesser degree. As to the proposal of Justice Caguioa to use the term "psychological or mental impotence," Archbishop Oscar Cruz opined in the earlier February 9, 1984 session that this term "is an invention of some churchmen who are moralists but not canonists, that is why it is considered a weak phrase." He said that the Code of Canon Law would rather express it as "psychological or mental incapacity to discharge . . ." Justice Ricardo C. Puno opined that sometimes a person may be psychologically impotent with one but not with another. One of the guidelines enumerated in the majority opinion for the interpretation and application of Art. 36 is: "Such incapacity must also be shown to be medically or clinically permanent or incurable. Such incurability may be absolute or even relative only in regard to the other spouse, not necessarily absolutely against everyone of the same sex." The Committee, through Prof. Araceli T. Barrera, considered the inclusion of the phrase "and is incurable" but Prof. Esteban B. Bautista commented that this would give rise to the question of how they will determine curability and Justice Caguioa agreed that it would be more problematic. Yet, the possibility that one may be cured after the psychological incapacity becomes manifest after the marriage was not ruled out by Justice Puno and Justice Alice Sempio-Diy. Justice Caguioa suggested that the remedy was to allow the afflicted spouse to remarry. For clarity, the Committee classified the bases for determining void marriages, viz.: 1. lack of one or more of the essential requisites of marriage as contract; 2. reasons of public policy; 3. special cases and special situations.

The ground of psychological incapacity was subsumed under "special cases and special situations," hence, its special treatment in Art. 36 in the Family Code as finally enacted. Nowhere in the Civil Code provisions on Marriage is there a ground for avoiding or annulling marriages that even comes close to being psychological in nature. Where consent is vitiated due to circumstances existing at the time of the marriage, such marriage which stands valid until annulled is capable of ratification or convalidation. On the other hand, for reasons of public policy or lack of essential requisites, some marriages are void from the beginning. With the revision of Book I of the Civil Code, particularly the provisions on Marriage, the drafters, now open to fresh winds of change in keeping with the more permissive mores and practices of the time, took a leaf from the relatively liberal provisions of Canon Law. Canon 1095 which states, inter alia, that the following persons are incapable of contracting marriage: "3. (those) who, because of causes of a psychological nature, are unable to assume the essential obligations of marriage" provided the model for what is now Art. 36 of the Family Code: "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." It bears stressing that unlike in Civil Law, Canon Law recognizes only two types of marriages with respect to their validity: valid and void. Civil Law, however, recognizes an intermediate state, the voidable or annullable marriages. When the Ecclesiastical Tribunal "annuls" a marriage, it actually declares the marriage null and void, i.e., it never really existed in the first place, for a valid sacramental marriage can never be dissolved. Hence, a properly performed and consummated marriage between two living Roman Catholics can only be nullified by the formal annulment process which entails a full tribunal procedure with a Court selection and a formal hearing. Such so-called church "annulments" are not recognized by Civil Law as severing the marriage ties as to capacitate the parties to enter lawfully into another marriage. The grounds for nullifying civil marriage, not being congruent with those laid down by Canon Law, the former being more strict, quite a number of married couples have found themselves in limbofreed from the marriage bonds in the eyes of the Catholic Church but yet unable to contract a valid civil marriage under state laws. Heedless of civil law sanctions, some persons contract new marriages or enter into live-in relationships. It was precisely to provide a satisfactory solution to such anomalous situations that the Civil Law Revision Committee decided to engraft the Canon Law concept of psychological incapacity into the Family Codeand classified the same as a ground for declaring marriages void ab initio or totally inexistent from the beginning. A brief historical note on the Old Canon Law (1917). This Old Code, while it did not provide directly for psychological incapacity, in effect, recognized the same indirectly from a combination of three old canons: "Canon #1081 required persons to be capable according to law in order to give valid consent; Canon #1082 required that persons be at least not ignorant of the major elements required in marriage; and Canon #1087 (the force and fear category) required that internal and external freedom be present in order for consent to be valid. This line of interpretation produced two distinct but related grounds for annulment called lack of due discretion and lack of due competence. Lack of due discretion means that the person did not have the ability to give valid consent at the time of the wedding and, therefore, the union is invalid. Lack of due competence means that the person was incapable of carrying out

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the obligations of the promise he or she made during the wedding ceremony." Favorable annulment decisions by the Roman Rota in the 1950s and 1960s involving sexual disorders such as homosexuality and nymphomania laid the foundation for a broader approach to the kind of proof necessary for psychological grounds for annulment. The Rota had reasoned for the first time in several cases that the capacity to give valid consent at the time of marriage was probably not present in persons who had displayed such problems shortly after the marriage. The nature of this change was nothing short of revolutionary. Once the Rota itself had demonstrated a cautious willingness to use this kind of hindsight, the way was paved for what came after 1970. Diocesan Tribunals began to accept proof of serious psychological problems that manifested themselves shortly after the ceremony as proof of an inability to give valid consent at the time of the ceremony.36 Interestingly, the Committee did not give any examples of psychological incapacity for fear that by so doing, it might limit the applicability of the provision under the principle of ejusdem generis. The Committee desired that the courts should interpret the provision on a case-to-case basis; guided by experience, the findings of experts and researchers in psychological disciplines, and by decisions of church tribunals which, although not binding on the civil courts, may be given persuasive effect since the provision itself was taken from the Canon Law.37 The law is then so designed as to allow some resiliency in its application.38 Yet, as held in Santos,39 the phrase "psychological incapacity" is not meant to comprehend all possible cases of psychoses. It refers to no less than a mental (not physical) incapacity that causes a party to be truly noncognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage which, as expressed by Article 6840 of the Family Code, include their mutual obligations to live together, observe love, respect and fidelity; and render help and support. The intendment of the law has been to confine it to the most serious of cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage.41 This interpretation is, in fact, consistent with that in Canon Law, thus: 3.5.3.1. The Meaning of Incapacity to Assume. A sharp conceptual distinction must be made between the second and third paragraphs of C.1095, namely between the grave lack of discretionary judgment and the incapacity to assume the essential obligation. Mario Pompedda, a rotal judge, explains the difference by an ordinary, if somewhat banal, example. Jose wishes to sell a house to Carmela, and on the assumption that they are capable according to positive law to enter such contract, there remains the object of the contract, viz, the house. The house is located in a different locality, and prior to the conclusion of the contract, the house was gutted down by fire unbeknown to both of them. This is the hypothesis contemplated by the third paragraph of the canon. The third paragraph does not deal with the psychological process of giving consent because it has been established a priori that both have such a capacity to give consent, and they both know well the object of their consent [the house and its particulars]. Rather, C.1095.3 deals with the object of the consent/contract which does not exist. The contract is invalid because it lacks its formal object. The consent as a psychological act is both valid and sufficient. The psychological act, however, is directed towards an object which is not available. Urbano Navarrete summarizes this distinction: the third paragraph deals not with the positing of consent but with positing the object of consent. The person may be capable of positing a free act of consent, but he is not capable of fulfilling the responsibilities he assumes as a result of the consent he elicits. Since the address of Pius XII to the auditors of the Roman Rota in 1941 regarding psychic incapacity with respect to marriage arising from pathological conditions, there has been an increasing trend to understand as ground of nullity different from others, the incapacity to assume the essential obligations of marriage, especially the incapacity which arises from sexual

anomalies. Nymphomania is a sample which ecclesiastical jurisprudence has studied under this rubric. The problem as treated can be summarized, thus: do sexual anomalies always and in every case imply a grave psychopathological condition which affects the higher faculties of intellect, discernment, and freedom; or are there sexual anomalies that are purely so that is to say, they arise from certain physiological dysfunction of the hormonal system, and they affect the sexual condition, leaving intact the higher faculties however, so that these persons are still capable of free human acts. The evidence from the empirical sciences is abundant that there are certain anomalies of a sexual nature which may impel a person towards sexual activities which are not normal, either with respect to its frequency [nymphomania, satyriasis] or to the nature of the activity itself [sadism, masochism, homosexuality]. However, these anomalies notwithstanding, it is altogether possible that the higher faculties remain intact such that a person so afflicted continues to have an adequate understanding of what marriage is and of the gravity of its responsibilities. In fact, he can choose marriage freely. The question though is whether such a person can assume those responsibilities which he cannot fulfill, although he may be able to understand them. In this latter hypothesis, the incapacity to assume the essential obligations of marriage issues from the incapacity to posit the object of consent, rather than the incapacity to posit consent itself. Ecclesiastical jurisprudence has been hesitant, if not actually confused, in this regard. The initial steps taken by church courts were not too clear whether this incapacity is incapacity to posit consent or incapacity to posit the object of consent. A case c. Pinna, for example, arrives at the conclusion that the intellect, under such an irresistible impulse, is prevented from properly deliberating and its judgment lacks freedom. This line of reasoning supposes that the intellect, at the moment of consent, is under the influence of this irresistible compulsion, with the inevitable conclusion that such a decision, made as it was under these circumstances, lacks the necessary freedom. It would be incontrovertible that a decision made under duress, such as this irresistible impulse, would not be a free act. But this is precisely the question: is it, as a matter of fact, true that the intellect is always and continuously under such an irresistible compulsion? It would seem entirely possible, and certainly more reasonable, to think that there are certain cases in which one who is sexually hyperaesthetic can understand perfectly and evaluate quite maturely what marriage is and what it implies; his consent would be juridically ineffective for this one reason that he cannot posit the object of consent, the exclusive jus in corpus to be exercised in a normal way and with usually regularity. It would seem more correct to say that the consent may indeed be free, but is juridically ineffective because the party is consenting to an object that he cannot deliver. The house he is selling was gutted down by fire. 3.5.3.2. Incapacity as an Autonomous Ground. Sabattani seems to have seen his way more clearly through this tangled mess, proposing as he did a clear conceptual distinction between the inability to give consent on the one hand, and the inability to fulfill the object of consent, on the other. It is his opinion that nymphomaniacs usually understand the meaning of marriage, and they are usually able to evaluate its implications. They would have no difficulty with positing a free and intelligent consent. However, such persons, capable as they are of eliciting an intelligent and free consent, experience difficulty in another sphere: delivering the object of the consent. Anne, another rotal judge, had likewise treated the difference between the act of consenting and the act of positing the object of consent from the point of view of a person afflicted with nymphomania. According to him, such an affliction usually leaves the process of knowing and understanding and evaluating intact. What it affects is the object of consent: the delivering of the goods. 3.5.3.3 Incapacity as Incapacity to Posit the Object of Consent. From the selected rotal jurisprudence cited, supra, it is possible to see a certain progress towards a consensus doctrine that the incapacity to assume the essential obligations of marriage (that is to say, the formal object of consent) can coexist in the same person with the ability to make a free decision, an intelligent

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judgment, and a mature evaluation and weighing of things. The decision coram Sabattani concerning a nymphomaniac affirmed that such a spouse can have difficulty not only with regard to the moment of consent but also, and especially, with regard to the matrimonium in facto esse. The decision concludes that a person in such a condition is incapable of assuming the conjugal obligation of fidelity, although she may have no difficulty in understanding what the obligations of marriage are, nor in the weighing and evaluating of those same obligations. Prior to the promulgation of the Code of Canon Law in 1983, it was not unusual to refer to this ground as moral impotence or psychic impotence, or similar expressions to express a specific incapacity rooted in some anomalies and disorders in the personality. These anomalies leave intact the faculties of the will and the intellect. It is qualified as moral or psychic, obviously to distinguish it from the impotence that constitutes the impediment dealt with by C.1084. Nonetheless, the anomalies render the subject incapable of binding himself in a valid matrimonial pact, to the extent that the anomaly renders that person incapable of fulfilling the essential obligations. According to the principle affirmed by the long tradition of moral theology: nemo ad impossibile tenetur. xxxx 3.5.3.5 Indications of Incapacity. There is incapacity when either or both of the contractants are not capable of initiating or maintaining this consortium. One immediately thinks of those cases where one of the parties is so self-centered [e.g., a narcissistic personality] that he does not even know how to begin a union with the other, let alone how to maintain and sustain such a relationship. A second incapacity could be due to the fact that the spouses are incapable of beginning or maintaining a heterosexual consortium, which goes to the very substance of matrimony. Another incapacity could arise when a spouse is unable to concretize the good of himself or of the other party. The canon speaks, not of the bonum partium, but of the bonum conjugum. A spouse who is capable only of realizing or contributing to the good of the other party qua persona rather than qua conjunx would be deemed incapable of contracting marriage. Such would be the case of a person who may be quite capable of procuring the economic good and the financial security of the other, but not capable of realizing the bonum conjugale of the other. These are general strokes and this is not the place for detained and individual description. A rotal decision c. Pinto resolved a petition where the concrete circumstances of the case concerns a person diagnosed to be suffering from serious sociopathy. He concluded that while the respondent may have understood, on the level of the intellect, the essential obligations of marriage, he was not capable of assuming them because of his "constitutional immorality." Stankiewicz clarifies that the maturity and capacity of the person as regards the fulfillment of responsibilities is determined not only at the moment of decision but also and especially during the moment of execution of decision. And when this is applied to constitution of the marital consent, it means that the actual fulfillment of the essential obligations of marriage is a pertinent consideration that must be factored into the question of whether a person was in a position to assume the obligations of marriage in the first place. When one speaks of the inability of the party to assume and fulfill the obligations, one is not looking at matrimonium in fieri, but also and especially at matrimonium in facto esse. In [the] decision of 19 Dec. 1985, Stankiewicz collocated the incapacity of the respondent to assume the essential obligations of marriage in the psychic constitution of the person, precisely on the basis of his irresponsibility as regards money and his apathy as regards the rights of others that he had violated. Interpersonal relationships are invariably disturbed in the presence of this personality disorder. A lack of empathy (inability to recognize and experience how others feel) is common. A sense of entitlement, unreasonable expectation, especially favorable treatment, is usually present. Likewise common is interpersonal exploitativeness, in which others are taken advantage of in order to achieve ones ends.

Authors have made listings of obligations considered as essential matrimonial obligations. One of them is the right to the communio vitae. This and their corresponding obligations are basically centered around the good of the spouses and of the children. Serious psychic anomalies, which do not have to be necessarily incurable, may give rise to the incapacity to assume any, or several, or even all of these rights. There are some cases in which interpersonal relationship is impossible. Some characteristic features of inability for interpersonal relationships in marriage include affective immaturity, narcissism, and antisocial traits. Marriage and Homosexuality. Until 1967, it was not very clear under what rubric homosexuality was understood to be invalidating of marriage that is to say, is homosexuality invalidating because of the inability to evaluate the responsibilities of marriage, or because of the inability to fulfill its obligations. Progressively, however, rotal jurisprudence began to understand it as incapacity to assume the obligations of marriage so that by 1978, Parisella was able to consider, with charity, homosexuality as an autonomous ground of nullity. This is to say that a person so afflicted is said to be unable to assume the essential obligations of marriage. In this same rotal decision, the object of matrimonial consent is understood to refer not only to the jus in corpus but also the consortium totius vitae. The third paragraph of C.1095 [incapacity to assume the essential obligations of marriage] certainly seems to be the more adequate juridical structure to account for the complex phenomenon that homosexuality is. The homosexual is not necessarily impotent because, except in very few exceptional cases, such a person is usually capable of full sexual relations with the spouse. Neither is it a mental infirmity, and a person so afflicted does not necessarily suffer from a grave lack of due discretion because this sexual anomaly does not by itself affect the critical, volitive, and intellectual faculties. Rather, the homosexual person is unable to assume the responsibilities of marriage because he is unable to fulfill this object of the matrimonial contract. In other words, the invalidity lies, not so much in the defect of consent, as in the defect of the object of consent. 3.5.3.6 Causes of Incapacity. A last point that needs to be addressed is the source of incapacity specified by the canon: causes of a psychological nature. Pompedda proffers the opinion that the clause is a reference to the personality of the contractant. In other words, there must be a reference to the psychic part of the person. It is only when there is something in the psyche or in the psychic constitution of the person which impedes his capacity that one can then affirm that the person is incapable according to the hypothesis contemplated by C.1095.3. A person is judged incapable in this juridical sense only to the extent that he is found to have something rooted in his psychic constitution which impedes the assumption of these obligations. A bad habit deeply engrained in ones consciousness would not seem to qualify to be a source of this invalidating incapacity. The difference being that there seems to be some freedom, however remote, in the development of the habit, while one accepts as given ones psychic constitution. It would seem then that the law insists that the source of the incapacity must be one which is not the fruit of some degree of freedom.42 Conscious of the laws intention that it is the courts, on a case -tocase basis, that should determine whether a party to a marriage is psychologically incapacitated, the Court, in sustaining the lower courts judgment of annulment in Tuason v. Court of Appeals,43 ruled that the findings of the trial court are final and binding on the appellate courts.44 Again, upholding the trial courts findings and declaring that its decision was not a judgment on the pleadings, the Court, in Tsoi v. Court of Appeals,45 explained that when private respondent testified under oath before the lower court and was crossexamined by the adverse party, she thereby presented evidence in the form of testimony. Importantly, the Court, aware of parallel decisions of Catholic marriage tribunals, ruled that the senseless and protracted refusal of one of the parties to fulfill the marital obligation of procreating children is equivalent to psychological incapacity.

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The resiliency with which the concept should be applied and the case-to-case basis by which the provision should be interpreted, as so intended by its framers, had, somehow, been rendered ineffectual by the imposition of a set of strict standards in Molina,46 thus: From their submissions and the Court's own deliberations, the following guidelines in the interpretation and application of Art. 36 of the Family Code are hereby handed down for the guidance of the bench and the bar: (1) The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity. This is rooted in the fact that both our Constitution and our laws cherish the validity of marriage and unity of the family. Thus, our Constitution devotes an entire Article on the Family, recognizing it "as the foundation of the nation." It decrees marriage as legally "inviolable," thereby protecting it from dissolution at the whim of the parties. Both the family and marriage are to be "protected" by the state. The Family Code echoes this constitutional edict on marriage and the family and emphasizes their permanence, inviolability and solidarity. (2) The root cause of the psychological incapacity must be (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision. Article 36 of the Family Code requires that the incapacity must be psychologicalnot physical, although its manifestations and/or symptoms may be physical. The evidence must convince the court that the parties, or one of them, was mentally or psychically ill to such an extent that the person could not have known the obligations he was assuming, or knowing them, could not have given valid assumption thereof. Although no example of such incapacity need be given here so as not to limit the application of the provision under the principle of ejusdem generis, nevertheless such root cause must be identified as a psychological illness and its incapacitating nature fully explained. Expert evidence may be given by qualified psychiatrists and clinical psychologists. (3) The incapacity must be proven to be existing at "the time of the celebration" of the marriage. The evidence must show that the illness was existing when the parties exchanged their "I do's." The manifestation of the illness need not be perceivable at such time, but the illness itself must have attached at such moment, or prior thereto. (4) Such incapacity must also be shown to be medically or clinically permanent or incurable. Such incurability may be absolute or even relative only in regard to the other spouse, not necessarily absolutely against everyone of the same sex. Furthermore, such incapacity must be relevant to the assumption of marriage obligations, not necessarily to those not related to marriage, like the exercise of a profession or employment in a job. Hence, a pediatrician may be effective in diagnosing illnesses of children and prescribing medicine to cure them but may not be psychologically capacitated to procreate, bear and raise his/her own children as an essential obligation of marriage. (5) Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage. Thus, "mild characterological peculiarities, mood changes, occasional emotional outbursts" cannot be accepted as root causes. The illness must be shown as downright incapacity or

inability, not a refusal, neglect or difficulty, much less ill will. In other words, there is a natal or supervening disabling factor in the person, an adverse integral element in the personality structure that effectively incapacitates the person from really accepting and thereby complying with the obligations essential to marriage. (6) The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the same Code in regard to parents and their children. Such non-complied marital obligation(s) must also be stated in the petition, proven by evidence and included in the text of the decision. (7) Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts. It is clear that Article 36 was taken by the Family Code Revision Committee from Canon 1095 of the New Code of Canon Law, which became effective in 1983 and which provides: "The following are incapable of contracting marriage: Those who are unable to assume the essential obligations of marriage due to causes of psychological nature." Since the purpose of including such provision in our Family Code is to harmonize our civil laws with the religious faith of our people, it stands to reason that to achieve such harmonization, great persuasive weight should be given to decisions of such appellate tribunal. Ideally subject to our law on evidencewhat is decreed as canonically invalid should also be decreed civilly void. This is one instance where, in view of the evident source and purpose of the Family Code provision, contemporaneous religious interpretation is to be given persuasive effect. Here, the State and the Churchwhile remaining independent, separate and apart from each othershall walk together in synodal cadence towards the same goal of protecting and cherishing marriage and the family as the inviolable base of the nation. (8) The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state. No decision shall be handed down unless the Solicitor General issues a certification, which will be quoted in the decision, briefly stating therein his reasons for his agreement or opposition, as the case may be, to the petition. The Solicitor General, along with the prosecuting attorney, shall submit to the court such certification within fifteen (15) days from the date the case is deemed submitted for resolution of the court. The Solicitor General shall discharge the equivalent function of the defensor vinculi contemplated under Canon 1095.47 Noteworthy is that in Molina, while the majority of the Courts membership concurred in the ponencia of then Associate Justice (later Chief Justice) Artemio V. Panganiban, three justices concurred "in the result" and another threeincluding, as aforesaid, Justice Romerotook pains to compose their individual separate opinions. Then Justice Teodoro R. Padilla even emphasized that "each case must be judged, not on the basis of a priori assumptions, predelictions or generalizations, but according to its own facts. In the field of psychological incapacity as a ground for annulment of marriage, it is trite to say that no case is on all fours with another case. The trial judge must take pains in examining the factual milieu and the appellate court must, as much as possible, avoid substituting its own judgment for that of the trial court."48

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Predictably, however, in resolving subsequent cases,49 the Court has applied the aforesaid standards, without too much regard for the laws clear intention that each case is to be treated differently, as "courts should interpret the provision on a case-to-case basis; guided by experience, the findings of experts and researchers in psychological disciplines, and by decisions of church tribunals." In hindsight, it may have been inappropriate for the Court to impose a rigid set of rules, as the one in Molina, in resolving all cases of psychological incapacity. Understandably, the Court was then alarmed by the deluge of petitions for the dissolution of marital bonds, and was sensitive to the OSGs exaggeration of Article 36 as the "most liberal divorce procedure in the world."50 The unintended consequences of Molina, however, has taken its toll on people who have to live with deviant behavior, moral insanity and sociopathic personality anomaly, which, like termites, consume little by little the very foundation of their families, our basic social institutions. Far from what was intended by the Court, Molina has become a strait-jacket, forcing all sizes to fit into and be bound by it. Wittingly or unwittingly, the Court, in conveniently applying Molina, has allowed diagnosed sociopaths, schizophrenics, nymphomaniacs, narcissists and the like, to continuously debase and pervert the sanctity of marriage. Ironically, the Roman Rota has annulled marriages on account of the personality disorders of the said individuals.51 The Court need not worry about the possible abuse of the remedy provided by Article 36, for there are ample safeguards against this contingency, among which is the intervention by the State, through the public prosecutor, to guard against collusion between the parties and/or fabrication of evidence.52 The Court should rather be alarmed by the rising number of cases involving marital abuse, child abuse, domestic violence and incestuous rape. In dissolving marital bonds on account of either partys psychological incapacity, the Court is not demolishing the foundation of families, but it is actually protecting the sanctity of marriage, because it refuses to allow a person afflicted with a psychological disorder, who cannot comply with or assume the essential marital obligations, from remaining in that sacred bond. It may be stressed that the infliction of physical violence, constitutional indolence or laziness, drug dependence or addiction, and psychosexual anomaly are manifestations of a sociopathic personality anomaly.53 Let it be noted that in Article 36, there is no marriage to speak of in the first place, as the same is void from the very beginning.54 To indulge in imagery, the declaration of nullity under Article 36 will simply provide a decent burial to a stillborn marriage. The prospect of a possible remarriage by the freed spouses should not pose too much of a concern for the Court. First and foremost, because it is none of its business. And second, because the judicial declaration of psychological incapacity operates as a warning or a lesson learned. On one hand, the normal spouse would have become vigilant, and never again marry a person with a personality disorder. On the other hand, a would-be spouse of the psychologically incapacitated runs the risk of the latters disorder recurring in their marriage. Lest it be misunderstood, we are not suggesting the abandonment of Molina in this case. We simply declare that, as aptly stated by Justice Dante O. Tinga in Antonio v. Reyes,55 there is need to emphasize other perspectives as well which should govern the disposition of petitions for declaration of nullity under Article 36. At the risk of being redundant, we reiterate once more the principle that each case must be judged, not on the basis of a priori assumptions, predilections or generalizations but according to its own facts. And, to repeat for emphasis, courts should interpret the provision on a case-to-case basis; guided by experience, the findings of experts and researchers in psychological disciplines, and by decisions of church tribunals.

II. We now examine the instant case. The parties whirlwind relationship lasted more or less six (6) months. They met in January 1996, eloped in March, exchanged marital vows in May, and parted ways in June. The psychologist who provided expert testimony found both parties psychologically incapacitated. Petitioners behavioral pattern falls under the classification of dependent personality disorder, and respondents, that of the narcissistic and antisocial personality disorder.56 By the very nature of Article 36, courts, despite having the primary task and burden of decision-making, must not discount but, instead, must consider as decisive evidence the expert opinion on the psychological and mental temperaments of the parties.57 Justice Romero explained this in Molina, as follows: Furthermore, and equally significant, the professional opinion of a psychological expert became increasingly important in such cases. Data about the person's entire life, both before and after the ceremony, were presented to these experts and they were asked to give professional opinions about a party's mental capacity at the time of the wedding. These opinions were rarely challenged and tended to be accepted as decisive evidence of lack of valid consent. The Church took pains to point out that its new openness in this area did not amount to the addition of new grounds for annulment, but rather was an accommodation by the Church to the advances made in psychology during the past decades. There was now the expertise to provide the all-important connecting link between a marriage breakdown and premarital causes. During the 1970s, the Church broadened its whole idea of marriage from that of a legal contract to that of a covenant. The result of this was that it could no longer be assumed in annulment cases that a person who could intellectually understand the concept of marriage could necessarily give valid consent to marry. The ability to both grasp and assume the real obligations of a mature, lifelong commitment are now considered a necessary prerequisite to valid matrimonial consent. Rotal decisions continued applying the concept of incipient psychological incapacity, "not only to sexual anomalies but to all kinds of personality disorders that incapacitate a spouse or both spouses from assuming or carrying out the essential obligations of marriage. For marriage . . . is not merely cohabitation or the right of the spouses to each other's body for heterosexual acts, but is, in its totality the right to the community of the whole of life; i.e., the right to a developing lifelong relationship. Rotal decisions since 1973 have refined the meaning of psychological or psychic capacity for marriage as presupposing the development of an adult personality; as meaning the capacity of the spouses to give themselves to each other and to accept the other as a distinct person; that the spouses must be other oriented since the obligations of marriage are rooted in a self giving love; and that the spouses must have the capacity for interpersonal relationship because marriage is more than just a physical reality but involves a true intertwining of personalities. The fulfillment of the obligations of marriage depends, according to Church decisions, on the strength of this interpersonal relationship. A serious incapacity for interpersonal sharing and support is held to impair the relationship and consequently, the ability to fulfill the essential marital obligations. The marital capacity of one spouse is not considered in isolation but in reference to the fundamental relationship to the other spouse. Fr. Green, in an article in Catholic Mind, lists six elements necessary to the mature marital relationship: "The courts consider the following elements crucial to the marital commitment: (1) a permanent and faithful commitment to the

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marriage partner; (2) openness to children and partner; (3) stability; (4) emotional maturity; (5) financial responsibility; (6) an ability to cope with the ordinary stresses and strains of marriage, etc." Fr. Green goes on to speak about some of the psychological conditions that might lead to the failure of a marriage: "At stake is a type of constitutional impairment precluding conjugal communion even with the best intentions of the parties. Among the psychic factors possibly giving rise to his or her inability to fulfill marital obligations are the following: (1) antisocial personality with its fundamental lack of loyalty to persons or sense of moral values; (2) hyperesthesia, where the individual has no real freedom of sexual choice; (3) the inadequate personality where personal responses consistently fall short of reasonable expectations. xxxx The psychological grounds are the best approach for anyone who doubts whether he or she has a case for an annulment on any other terms. A situation that does not fit into any of the more traditional categories often fits very easily into the psychological category. As new as the psychological grounds are, experts are already detecting a shift in their use. Whereas originally the emphasis was on the parties' inability to exercise proper judgment at the time of the marriage (lack of due discretion), recent cases seem to be concentrating on the parties' incapacity to assume or carry out their responsibilities and obligations as promised (lack of due competence). An advantage to using the ground of lack of due competence is that at the time the marriage was entered into civil divorce and breakup of the family almost always is proof of someone's failure to carry out marital responsibilities as promised at the time the marriage was entered into."581avvphi1 Hernandez v. Court of Appeals59 emphasizes the importance of presenting expert testimony to establish the precise cause of a partys psychological incapacity, and to show that it existed at the inception of the marriage. And as Marcos v. Marcos60 asserts, there is no requirement that the person to be declared psychologically incapacitated be personally examined by a physician, if the totality of evidence presented is enough to sustain a finding of psychological incapacity.61 Verily, the evidence must show a link, medical or the like, between the acts that manifest psychological incapacity and the psychological disorder itself. This is not to mention, but we mention nevertheless for emphasis, that the presentation of expert proof presupposes a thorough and in-depth assessment of the parties by the psychologist or expert, for a conclusive diagnosis of a grave, severe and incurable presence of psychological incapacity.62 Parenthetically, the Court, at this point, finds it fitting to suggest the inclusion in the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages,63 an option for the trial judge to refer the case to a court-appointed psychologist/expert for an independent assessment and evaluation of the psychological state of the parties. This will assist the courts, who are no experts in the field of psychology, to arrive at an intelligent and judicious determination of the case. The rule, however, does not dispense with the parties prerogative to present their own expert witnesses. Going back, in the case at bench, the psychological assessment, which we consider as adequate, produced the findings that both parties are afflicted with personality disordersto repeat, dependent personality disorder for petitioner, and narcissistic and antisocial personality disorder for respondent. We note that The Encyclopedia of Mental Health discusses personality disorders as follows

A group of disorders involving behaviors or traits that are characteristic of a persons recent and long-term functioning. Patterns of perceiving and thinking are not usually limited to isolated episodes but are deeply ingrained, inflexible, maladaptive and severe enough to cause the individual mental stress or anxieties or to interfere with interpersonal relationships and normal functioning. Personality disorders are often recognizable by adolescence or earlier, continue through adulthood and become less obvious in middle or old age. An individual may have more than one personality disorder at a time. The common factor among individuals who have personality disorders, despite a variety of character traits, is the way in which the disorder leads to pervasive problems in social and occupational adjustment. Some individuals with personality disorders are perceived by others as overdramatic, paranoid, obnoxious or even criminal, without an awareness of their behaviors. Such qualities may lead to trouble getting along with other people, as well as difficulties in other areas of life and often a tendency to blame others for their problems. Other individuals with personality disorders are not unpleasant or difficult to work with but tend to be lonely, isolated or dependent. Such traits can lead to interpersonal difficulties, reduced self-esteem and dissatisfaction with life. Causes of Personality Disorders Different mental health viewpoints propose a variety of causes of personality disorders. These include Freudian, genetic factors, neurobiologic theories and brain wave activity. Freudian Sigmund Freud believed that fixation at certain stages of development led to certain personality types. Thus, some disorders as described in the Diagnostic and Statistical Manual of Mental Disorders (3d ed., rev.) are derived from his oral, anal and phallic character types. Demanding and dependent behavior (dependent and passive-aggressive) was thought to derive from fixation at the oral stage. Characteristics of obsessionality, rigidity and emotional aloofness were thought to derive from fixation at the anal stage; fixation at the phallic stage was thought to lead to shallowness and an inability to engage in intimate relationships.lawphil.net However, later researchers have found little evidence that early childhood events or fixation at certain stages of development lead to specific personality patterns. Genetic Factors Researchers have found that there may be a genetic factor involved in the etiology of antisocial and borderline personality disorders; there is less evidence of inheritance of other personality disorders. Some family, adoption and twin studies suggest that schizotypal personality may be related to genetic factors. Neurobiologic Theories In individuals who have borderline personality, researchers have found that low cerebrospinal fluid 5-hydroxyindoleacetic acid (5-HIAA) negatively correlated with measures of aggression and a past history of suicide attempts. Schizotypal personality has been associated with low platelet monoamine oxidase (MAO) activity and impaired smooth pursuit eye movement. Brain Wave Activity Abnormalities in electroencephalograph (EEG) have been reported in antisocial personality for many years; slow wave is the most widely reported abnormality. A study of borderline patients reported that 38 percent had at least marginal EEG abnormalities, compared with 19 percent in a control group. Types of Disorders According to the American Psychiatric Associations Diagnostic and Statistical Manual of Mental Disorders (3d ed., rev., 1987), or DSM-III-R, personality disorders are categorized into three major clusters: Cluster A: Paranoid, schizoid and schizotypal personality disorders. Individuals who have these disorders often appear to have odd or eccentric habits and traits.

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Cluster B: Antisocial, borderline, histrionic and narcissistic personality disorders. Individuals who have these disorders often appear overly emotional, erratic and dramatic. Cluster C: Avoidant, dependent, obsessive-compulsive and passive-aggressive personality disorders. Individuals who have these disorders often appear anxious or fearful. The DSM-III-R also lists another category, "personality disorder not otherwise specified," that can be used for other specific personality disorders or for mixed conditions that do not qualify as any of the specific personality disorders. Individuals with diagnosable personality disorders usually have long-term concerns, and thus therapy may be long-term.64 Dependent personality disorder is characterized in the following manner A personality disorder characterized by a pattern of dependent and submissive behavior. Such individuals usually lack selfesteem and frequently belittle their capabilities; they fear criticism and are easily hurt by others comments. At times they actually bring about dominance by others through a quest for overprotection. Dependent personality disorder usually begins in early adulthood. Individuals who have this disorder may be unable to make everyday decisions without advice or reassurance from others, may allow others to make most of their important decisions (such as where to live), tend to agree with people even when they believe they are wrong, have difficulty starting projects or doing things on their own, volunteer to do things that are demeaning in order to get approval from other people, feel uncomfortable or helpless when alone and are often preoccupied with fears of being abandoned.65 and antisocial personality disorder described, as follows Characteristics include a consistent pattern of behavior that is intolerant of the conventional behavioral limitations imposed by a society, an inability to sustain a job over a period of years, disregard for the rights of others (either through exploitiveness or criminal behavior), frequent physical fights and, quite commonly, child or spouse abuse without remorse and a tendency to blame others. There is often a faade of charm and even sophistication that masks disregard, lack of remorse for mistreatment of others and the need to control others. Although characteristics of this disorder describe criminals, they also may befit some individuals who are prominent in business or politics whose habits of self-centeredness and disregard for the rights of others may be hidden prior to a public scandal. During the 19th century, this type of personality disorder was referred to as moral insanity. The term described immoral, guiltless behavior that was not accompanied by impairments in reasoning.lawphil.net According to the classification system used in the Diagnostic and Statistical Manual of Mental Disorders (3d ed., rev. 1987), antisocial personality disorder is one of the four "dramatic" personality disorders, the others being borderline, histrionic and narcissistic.66 The seriousness of the diagnosis and the gravity of the disorders considered, the Court, in this case, finds as decisive the psychological evaluation made by the expert witness; and, thus, rules that the marriage of the parties is null and void on ground of both parties psychological incapacity. We further consider that the trial court, which had a first-hand view of the witnesses deportment, arrived at the same conclusion. Indeed, petitioner, who is afflicted with dependent personality disorder, cannot assume the essential marital obligations of living together, observing love, respect and fidelity and rendering help

and support, for he is unable to make everyday decisions without advice from others, allows others to make most of his important decisions (such as where to live), tends to agree with people even when he believes they are wrong, has difficulty doing things on his own, volunteers to do things that are demeaning in order to get approval from other people, feels uncomfortable or helpless when alone and is often preoccupied with fears of being abandoned.67 As clearly shown in this case, petitioner followed everything dictated to him by the persons around him. He is insecure, weak and gullible, has no sense of his identity as a person, has no cohesive self to speak of, and has no goals and clear direction in life. Although on a different plane, the same may also be said of the respondent. Her being afflicted with antisocial personality disorder makes her unable to assume the essential marital obligations. This finding takes into account her disregard for the rights of others, her abuse, mistreatment and control of others without remorse, her tendency to blame others, and her intolerance of the conventional behavioral limitations imposed by society.68 Moreover, as shown in this case, respondent is impulsive and domineering; she had no qualms in manipulating petitioner with her threats of blackmail and of committing suicide. Both parties being afflicted with grave, severe and incurable psychological incapacity, the precipitous marriage which they contracted on April 23, 1996 is thus, declared null and void. WHEREFORE, premises considered, the petition for review on certiorari is GRANTED. The August 5, 2003 Decision and the January 19, 2004 Resolution of the Court of Appeals in CA-G.R. CV No. 71867 are REVERSED and SET ASIDE, and the Decision, dated July 30, 2001, REINSTATED. SO ORDERED.

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G.R. No. 166562

March 31, 2009

hobby.17 He rarely stayed home18 and even neglected his obligation to his children.19 Aside from this, Benjamin also engaged in compulsive gambling.20 He would gamble two or three times a week and would borrow from his friends, brothers, or from loan sharks whenever he had no money. Sometimes, Benjamin would pawn his wifes own jewelry to finance his gambling.21 There was also an instance when the spouses had to sell their family car and even a portion of the lot Benjamin inherited from his father just to be able to pay off his gambling debts.22 Benjamin only stopped going to the casinos in 1986 after he was banned therefrom for having caused trouble, an act which he said he purposely committed so that he would be banned from the gambling establishments.23 In sum, Carmens allegations of Benjamins psychological incapacity consisted of the following manifestations: 1. Benjamins alcoholism, which adversely affected his family relationship and his profession; 2. Benjamins violent nature brought about by his excessive and regular drinking; 3. His compulsive gambling habit, as a result of which Benjamin found it necessary to sell the family car twice and the property he inherited from his father in order to pay off his debts, because he no longer had money to pay the same; and 4. Benjamins irresponsibility and immaturity as shown by his failure and refusal to give regular financial support to his family.24 In his answer, Benjamin denied being psychologically incapacitated. He maintained that he is a respectable person, as his peers would confirm. He said that he is an active member of social and athletic clubs and would drink and gamble only for social reasons and for leisure. He also denied being a violent person, except when provoked by circumstances.25 As for his alleged failure to support his family financially, Benjamin claimed that it was Carmen herself who would collect his professional fees from Velez Hospital when he was still serving there as practicing anesthesiologist.26 In his testimony, Benjamin also insisted that he gave his family financial support within his means whenever he could and would only get angry at respondent for lavishly spending his hard-earned money on unnecessary things.27 He also pointed out that it was he who often comforted and took care of their children, while Carmen played mahjong with her friends twice a week.28 During the trial, Carmens testimony regarding Benjamins drinking and gambling habits and violent behavior was corroborated by Susana Wasawas, who served as nanny to the spouses children from 1987 to 1992.29 Wasawas stated that she personally witnessed instances when Benjamin maltreated Carmen even in front of their children.30 Carmen also presented as witness Dr. Pureza Trinidad-Oate, a psychiatrist.31 Instead of the usual personal interview, however, Dr. Oates evaluation of Benjamin was limited to the transcript of stenographic notes taken during Benjamins deposition because the latter had already gone to work as an anesthesiologist in a hospital in South Africa. After reading the transcript of stenographic notes, Dr. Oate concluded that Benjamins compulsive drinking, compulsive gambling and physical abuse of respondent are clear indications that petitioner suffers from a personality disorder.32 To refute Dr. Oates opinion, petitioner presented Dr. Renato D. Obra, a psychiatrist and a consultant at the Department of Psychiatry in Don Vicente Sotto Memorial Medical Center, as his expert witness.33 Dr. Obra evaluated Benjamins psychological behavior based on the transcript of stenographic notes, as well as the psychiatric evaluation report prepared by Dr. A.J.L. Pentz, a

BENJAMIN G. TING, Petitioner, vs. CARMEN M. VELEZ-TING, Respondent. DECISION NACHURA, J.: Before us is a petition for review on certiorari seeking to set aside the November 17, 2003 Amended Decision1 of the Court of Appeals (CA), and its December 13, 2004 Resolution2 in CA-G.R. CV No. 59903. The appellate court, in its assailed decision and resolution, affirmed the January 9, 1998 Decision3 of the Regional Trial Court (RTC), Branch 23, Cebu City, declaring the marriage between petitioner and respondent null and void ab initio pursuant to Article 36 of the Family Code.4 The facts follow. Petitioner Benjamin Ting (Benjamin) and respondent Carmen Velez-Ting (Carmen) first met in 1972 while they were classmates in medical school.5 They fell in love, and they were wed on July 26, 1975 in Cebu City when respondent was already pregnant with their first child. At first, they resided at Benjamins family home in Maguikay, Mandaue City.6 When their second child was born, the couple decided to move to Carmens family home in Cebu City.7 In September 1975, Benjamin passed the medical board examinations8 and thereafter proceeded to take a residency program to become a surgeon but shifted to anesthesiology after two years. By 1979, Benjamin completed the preceptorship program for the said field9 and, in 1980, he began working for Velez Hospital, owned by Carmens family, as member of its active staff,10 while Carmen worked as the hospitals Treasurer.11 The couple begot six (6) children, namely Dennis, born on December 9, 1975; James Louis, born on August 25, 1977; Agnes Irene, born on April 5, 1981; Charles Laurence, born on July 21, 1986; Myles Vincent, born on July 19, 1988; and Marie Corinne, born on June 16, 1991.12 On October 21, 1993, after being married for more than 18 years to petitioner and while their youngest child was only two years old, Carmen filed a verified petition before the RTC of Cebu City praying for the declaration of nullity of their marriage based on Article 36 of the Family Code. She claimed that Benjamin suffered from psychological incapacity even at the time of the celebration of their marriage, which, however, only became manifest thereafter. 13 In her complaint, Carmen stated that prior to their marriage, she was already aware that Benjamin used to drink and gamble occasionally with his friends.14 But after they were married, petitioner continued to drink regularly and would go home at about midnight or sometimes in the wee hours of the morning drunk and violent. He would confront and insult respondent, physically assault her and force her to have sex with him. There were also instances when Benjamin used his gun and shot the gate of their house.15 Because of his drinking habit, Benjamins job as anesthesiologist was affected to the point that he often had to refuse to answer the call of his fellow doctors and to pass the task to other anesthesiologists. Some surgeons even stopped calling him for his services because they perceived petitioner to be unreliable. Respondent tried to talk to her husband about the latters drinking problem, but Benjamin refused to acknowledge the same.16 Carmen also complained that petitioner deliberately refused to give financial support to their family and would even get angry at her whenever she asked for money for their children. Instead of providing support, Benjamin would spend his money on drinking and gambling and would even buy expensive equipment for his

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psychiatrist from the University of Pretoria in South Africa, and his (Dr. Obras) interview with Benjamins brothers.34 Contrary to Dr. Oates findings, Dr. Obra observed that there is nothing wrong with petitioners personality, considering the latter s good relationship with his fellow doctors and his good track record as anesthesiologist.35 On January 9, 1998, the lower court rendered its Decision36 declaring the marriage between petitioner and respondent null and void. The RTC gave credence to Dr. Oates findings and the admissions made by Benjamin in the course of his deposition, and found him to be psychologically incapacitated to comply with the essential obligations of marriage. Specifically, the trial court found Benjamin an excessive drinker, a compulsive gambler, someone who prefers his extra-curricular activities to his family, and a person with violent tendencies, which character traits find root in a personality defect existing even before his marriage to Carmen. The decretal portion of the decision reads: WHEREFORE, all the foregoing considered, judgment is hereby rendered declaring the marriage between plaintiff and defendant null and void ab initio pursuant to Art. 36 of the Family Code. x x x xxxx SO ORDERED.37 Aggrieved, petitioner appealed to the CA. On October 19, 2000, the CA rendered a Decision38 reversing the trial courts ruling. It faulted the trial courts finding, stating that no proof was adduced to support the conclusion that Benjamin was psychologically incapacitated at the time he married Carmen since Dr. Oates conclusion was based only on theories and not on established fact,39 contrary to the guidelines set forth in Santos v. Court of Appeals40 and in Rep. of the Phils. v. Court of Appeals and Molina.41 Because of this, Carmen filed a motion for reconsideration, arguing that the Molina guidelines should not be applied to this case since the Molina decision was promulgated only on February 13, 1997, or more than five years after she had filed her petition with the RTC.42 She claimed that the Molina ruling could not be made to apply retroactively, as it would run counter to the principle of stare decisis. Initially, the CA denied the motion for reconsideration for having been filed beyond the prescribed period. Respondent thereafter filed a manifestation explaining compliance with the prescriptive period but the same was likewise denied for lack of merit. Undaunted, respondent filed a petition for certiorari43 with this Court. In a Resolution44 dated March 5, 2003, this Court granted the petition and directed the CA to resolve Carmens motion for reconsideration.45 On review, the CA decided to reconsider its previous ruling. Thus, on November 17, 2003, it issued an Amended Decision46reversing its first ruling and sustaining the trial courts decision.47 A motion for reconsideration was filed, this time by Benjamin, but the same was denied by the CA in its December 13, 2004 Resolution.48 Hence, this petition. For our resolution are the following issues: I. Whether the CA violated the rule on stare decisis when it refused to follow the guidelines set forth under the Santos and Molina cases; II. Whether the CA correctly ruled that the requirement of proof of psychological incapacity for the declaration of absolute nullity of marriage based on Article 36 of the Family Code has been liberalized; and

III. Whether the CAs decision declaring the marriage between petitioner and respondent null and void [is] in accordance with law and jurisprudence. We find merit in the petition. I. On the issue of stare decisis. The principle of stare decisis enjoins adherence by lower courts to doctrinal rules established by this Court in its final decisions. It is based on the principle that once a question of law has been examined and decided, it should be deemed settled and closed to further argument.49 Basically, it is a bar to any attempt to relitigate the same issues,50 necessary for two simple reasons: economy and stability. In our jurisdiction, the principle is entrenched in Article 8 of the Civil Code.51 This doctrine of adherence to precedents or stare decisis was applied by the English courts and was later adopted by the United States. Associate Justice (now Chief Justice) Reynato S. Punos discussion on the historical development of this legal principle in his dissenting opinion in Lambino v. Commission on Elections52 is enlightening: The latin phrase stare decisis et non quieta movere means "stand by the thing and do not disturb the calm." The doctrine started with the English Courts. Blackstone observed that at the beginning of the 18th century, "it is an established rule to abide by former precedents where the same points come again in litigation." As the rule evolved, early limits to its application were recognized: (1) it would not be followed if it were "plainly unreasonable"; (2) where courts of equal authority developed conflicting decisions; and, (3) the binding force of the decision was the "actual principle or principles necessary for the decision; not the words or reasoning used to reach the decision." The doctrine migrated to the United States. It was recognized by the framers of the U.S. Constitution. According to Hamilton, "strict rules and precedents" are necessary to prevent "arbitrary discretion in the courts." Madison agreed but stressed that "x x x once the precedent ventures into the realm of altering or repealing the law, it should be rejected." Prof. Consovoy well noted that Hamilton and Madison "disagree about the countervailing policy considerations that would allow a judge to abandon a precedent." He added that their ideas "reveal a deep internal conflict between the concreteness required by the rule of law and the flexibility demanded in error correction. It is this internal conflict that the Supreme Court has attempted to deal with for over two centuries." Indeed, two centuries of American case law will confirm Prof. Consovoy's observation although stare decisis developed its own life in the United States. Two strains of stare decisis have been isolated by legal scholars. The first, known as vertical stare decisis deals with the duty of lower courts to apply the decisions of the higher courts to cases involving the same facts. The second, known as horizontal stare decisis requires that high courts must follow its own precedents. Prof. Consovoy correctly observes that vertical stare decisis has been viewed as an obligation, while horizontal stare decisis, has been viewed as a policy, imposing choice but not a command. Indeed, stare decisis is not one of the precepts set in stone in our Constitution. It is also instructive to distinguish the two kinds of horizontal stare decisis constitutional stare decisis and statutory stare decisis. Constitutional stare decisis involves judicial interpretations of the Constitution while statutory stare decisis involves interpretations of statutes. The distinction is important for courts enjoy more flexibility in refusing to apply stare decisis in constitutional litigations. Justice Brandeis' view on the binding effect of the doctrine in constitutional litigations still holds sway today. In soothing prose, Brandeis stated: "Stare decisis is not . . . a universal and inexorable command. The rule of stare decisis is not inflexible. Whether it shall be followed or departed from, is a question entirely within the discretion of the court, which is again called upon to consider a question once decided." In the

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same vein, the venerable Justice Frankfurter opined: "the ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it." In contrast, the application of stare decisis on judicial interpretation of statutes is more inflexible. As Justice Stevens explains: "after a statute has been construed, either by this Court or by a consistent course of decision by other federal judges and agencies, it acquires a meaning that should be as clear as if the judicial gloss had been drafted by the Congress itself." This stance reflects both respect for Congress' role and the need to preserve the courts' limited resources. In general, courts follow the stare decisis rule for an ensemble of reasons, viz.: (1) it legitimizes judicial institutions; (2) it promotes judicial economy; and, (3) it allows for predictability. Contrariwise, courts refuse to be bound by the stare decisis rule where (1) its application perpetuates illegitimate and unconstitutional holdings; (2) it cannot accommodate changing social and political understandings; (3) it leaves the power to overturn bad constitutional law solely in the hands of Congress; and, (4) activist judges can dictate the policy for future courts while judges that respect stare decisis are stuck agreeing with them. In its 200-year history, the U.S. Supreme Court has refused to follow the stare decisis rule and reversed its decisions in 192 cases. The most famous of these reversals is Brown v. Board of Education which junked Plessy v. Ferguson's "separate but equal doctrine." Plessy upheld as constitutional a state law requirement that races be segregated on public transportation. In Brown, the U.S. Supreme Court, unanimously held that "separate . . . is inherently unequal." Thus, by freeing itself from the shackles of stare decisis, the U.S. Supreme Court freed the colored Americans from the chains of inequality. In the Philippine setting, this Court has likewise refused to be straitjacketed by the stare decisis rule in order to promote public welfare. In La Bugal-B'laan Tribal Association, Inc. v. Ramos, we reversed our original ruling that certain provisions of the Mining Law are unconstitutional. Similarly, in Secretary of Justice v. Lantion, we overturned our first ruling and held, on motion for reconsideration, that a private respondent is bereft of the right to notice and hearing during the evaluation stage of the extradition process. An examination of decisions on stare decisis in major countries will show that courts are agreed on the factors that should be considered before overturning prior rulings. These are workability, reliance, intervening developments in the law and changes in fact. In addition, courts put in the balance the following determinants: closeness of the voting, age of the prior decision and its merits. The leading case in deciding whether a court should follow the stare decisis rule in constitutional litigations is Planned Parenthood v. Casey. It established a 4-pronged test. The court should (1) determine whether the rule has proved to be intolerable simply in defying practical workability; (2) consider whether the rule is subject to a kind of reliance that would lend a special hardship to the consequences of overruling and add inequity to the cost of repudiation; (3) determine whether related principles of law have so far developed as to have the old rule no more than a remnant of an abandoned doctrine; and, (4) find out whether facts have so changed or come to be seen differently, as to have robbed the old rule of significant application or justification.53 To be forthright, respondents argument that the doctrinal guidelines prescribed in Santos and Molina should not be applied retroactively for being contrary to the principle of stare decisis is no longer new. The same argument was also raised but was struck down in Pesca v. Pesca,54 and again in Antonio v. Reyes.55 In these cases, we explained that the interpretation or construction of a law by courts constitutes a part of the law as of the date the statute is enacted. It is only when a prior ruling of this Court is overruled, and a different view is adopted, that the new doctrine may have to be applied prospectively in favor of parties who have relied on the old doctrine and have acted in

good faith, in accordance therewith under the familiar rule of "lex prospicit, non respicit." II. On liberalizing the required proof for the declaration of nullity of marriage under Article 36. Now, petitioner wants to know if we have abandoned the Molina doctrine. We have not. In Edward Kenneth Ngo Te v. Rowena Ong Gutierrez Yu-Te,56 we declared that, in hindsight, it may have been inappropriate for the Court to impose a rigid set of rules, as the one in Molina, in resolving all cases of psychological incapacity. We said that instead of serving as a guideline, Molina unintentionally became a straightjacket, forcing all cases involving psychological incapacity to fit into and be bound by it, which is not only contrary to the intention of the law but unrealistic as well because, with respect to psychological incapacity, no case can be considered as on "all fours" with another.57 By the very nature of cases involving the application of Article 36, it is logical and understandable to give weight to the expert opinions furnished by psychologists regarding the psychological temperament of parties in order to determine the root cause, juridical antecedence, gravity and incurability of the psychological incapacity. However, such opinions, while highly advisable, are not conditions sine qua non in granting petitions for declaration of nullity of marriage.58 At best, courts must treat such opinions as decisive but not indispensable evidence in determining the merits of a given case. In fact, if the totality of evidence presented is enough to sustain a finding of psychological incapacity, then actual medical or psychological examination of the person concerned need not be resorted to.59 The trial court, as in any other given case presented before it, must always base its decision not solely on the expert opinions furnished by the parties but also on the totality of evidence adduced in the course of the proceedings. It was for this reason that we found it necessary to emphasize in Ngo Te that each case involving the application of Article 36 must be treated distinctly and judged not on the basis of a priori assumptions, predilections or generalizations but according to its own attendant facts. Courts should interpret the provision on a case-to-case basis, guided by experience, the findings of experts and researchers in psychological disciplines, and by decisions of church tribunals. Far from abandoning Molina, we simply suggested the relaxation of the stringent requirements set forth therein, cognizant of the explanation given by the Committee on the Revision of the Rules on the rationale of the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (A.M. No. 02-11-10-SC), viz.: To require the petitioner to allege in the petition the particular root cause of the psychological incapacity and to attach thereto the verified written report of an accredited psychologist or psychiatrist have proved to be too expensive for the parties. They adversely affect access to justice o poor litigants. It is also a fact that there are provinces where these experts are not available. Thus, the Committee deemed it necessary to relax this stringent requirement enunciated in the Molina Case. The need for the examination of a party or parties by a psychiatrist or clinical psychologist and the presentation of psychiatric experts shall now be determined by the court during the pre-trial conference.60 But where, as in this case, the parties had the full opportunity to present professional and expert opinions of psychiatrists tracing the root cause, gravity and incurability of a partys alleged psychological incapacity, then such expert opinion should be presented and, accordingly, be weighed by the court in deciding whether to grant a petition for nullity of marriage.

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III. On petitioners psychological incapacity. Coming now to the main issue, we find the totality of evidence adduced by respondent insufficient to prove that petitioner is psychologically unfit to discharge the duties expected of him as a husband, and more particularly, that he suffered from such psychological incapacity as of the date of the marriage eighteen (18) years ago. Accordingly, we reverse the trial courts and the appellate courts rulings declaring the marriage between petitioner and respondent null and void ab initio. The intendment of the law has been to confine the application of Article 36 to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage.61 The psychological illness that must have afflicted a party at the inception of the marriage should be a malady so grave and permanent as to deprive one of awareness of the duties and responsibilities of the matrimonial bond he or she is about to assume.621avvphi1.zw+ In this case, respondent failed to prove that petitioners "defects" were present at the time of the celebration of their marriage. She merely cited that prior to their marriage, she already knew that petitioner would occasionally drink and gamble with his friends; but such statement, by itself, is insufficient to prove any preexisting psychological defect on the part of her husband. Neither did the evidence adduced prove such "defects" to be incurable. The evaluation of the two psychiatrists should have been the decisive evidence in determining whether to declare the marriage between the parties null and void. Sadly, however, we are not convinced that the opinions provided by these experts strengthened respondents allegation of psychological incapacity. The two experts provided diametrically contradicting psychological evaluations: Dr. Oate testified that petitioners behavior is a positive indication of a personality disorder,63 while Dr. Obra maintained that there is nothing wrong with petitioners personality. Moreover, there appears to be greater weight in Dr. Obras opinion because, aside from analyzing the transcript of Benjamins deposition similar to what Dr. Oate did, Dr. Obra also took into consideration the psychological evaluation report furnished by another psychiatrist in South Africa who personally examined Benjamin, as well as his (Dr. Obras) personal interview with Benjamins brothers.64 Logically, therefore, the balance tilts in favor of Dr. Obras findings. Lest it be misunderstood, we are not condoning petitioners drinking and gambling problems, or his violent outbursts against his wife. There is no valid excuse to justify such a behavior. Petitioner must remember that he owes love, respect, and fidelity to his spouse as much as the latter owes the same to him. Unfortunately, this court finds respondents testimony, as well as the totality of evidence presented by the respondent, to be too inadequate to declare him psychologically unfit pursuant to Article 36. It should be remembered that the presumption is always in favor of the validity of marriage. Semper praesumitur pro matrimonio.65 In this case, the presumption has not been amply rebutted and must, perforce, prevail. WHEREFORE, premises considered, the petition for review on certiorari is GRANTED. The November 17, 2003 Amended Decision and the December 13, 2004 Resolution of the Court of Appeals in CA-G.R. CV No. 59903 are accordingly REVERSED and SET ASIDE. SO ORDERED.

G.R. No. 180668

May 26, 2009

MARIETA C. AZCUETA Petitioner, vs. REPUBLIC OF THE PHILIPPINES AND THE COURT OF APPEALS, Respondents. DECISION LEONARDO-DE CASTRO, J.: Before us is a petition for review on certiorari under Rule 45 of the Rules of Court assailing the Decision of the Court of Appeals (CA) in CA-G.R. CV No. 86162 dated August 31, 2007,1 and its Resolution dated November 20, 2007.2 Petitioner Marietta C. Azcueta and Rodolfo Azcueta met in 1993. Less than two months after their first meeting, they got married on July 24, 1993 at St. Anthony of Padua Church, Antipolo City. At the time of their marriage, petitioner was 23 years old while respondent was 28. They separated in 1997 after four years of marriage. They have no children. On March 2, 2002, petitioner filed with the Regional Trial Court (RTC) of Antipolo City, Branch 72, a petition for declaration of absolute nullity of marriage under Article 36 of the Family Code, docketed as Civil Case No. 02-6428. Meanwhile, respondent failed to appear and file an answer despite service of summons upon him. Because of this, the trial court directed the City Prosecutor to conduct an investigation whether there was collusion between the parties. In a report dated August 16, 2002, Prosecutor Wilfredo G. Oca found that there was no collusion between the parties. On August 21, 2002, the Office of the Solicitor General entered its appearance for the Republic of the Philippines and submitted a written authority for the City Prosecutor to appear in the case on the States behalf under the supervision and control of the Solicitor General. In her petition and during her testimony, petitioner claimed that her husband Rodolfo was psychologically incapacitated to comply with the essential obligations of marriage. According to petitioner, Rodolfo was emotionally immature, irresponsible and continually failed to adapt himself to married life and perform the essential responsibilities and duties of a husband. Petitioner complained that Rodolfo never bothered to look for a job and instead always asked his mother for financial assistance. When they were married it was Rodolfos mother who found them a room near the Azcueta home and it was also his mother who paid the monthly rental. Petitioner also testified that she constantly encouraged her husband to find employment. She even bought him a newspaper every Sunday but Rodolfo told her that he was too old and most jobs have an age limit and that he had no clothes to wear to job interviews. To inspire him, petitioner bought him new clothes and a pair of shoes and even gave him money. Sometime later, her husband told petitioner that he already found a job and petitioner was overjoyed. However, some weeks after, petitioner was informed that her husband had been seen at the house of his parents when he was supposed to be at work. Petitioner discovered that her husband didnt actually get a job and the money he gave her (which was supposedly his salary) came from his mother. When she confronted him about the matter, Rodolfo allegedly cried like a child and told her that he pretended to have a job so that petitioner would stop nagging him about applying for a job. He also told her that his parents can support their needs. Petitioner claimed that Rodolfo was so dependent on his mother and that all his decisions and attitudes in life should be in conformity with those of his mother.

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Apart from the foregoing, petitioner complained that every time Rodolfo would get drunk he became physically violent towards her. Their sexual relationship was also unsatisfactory. They only had sex once a month and petitioner never enjoyed it. When they discussed this problem, Rodolfo would always say that sex was sacred and it should not be enjoyed nor abused. He did not even want to have a child yet because he claimed he was not ready. Additionally, when petitioner requested that they move to another place and rent a small room rather than live near his parents, Rodolfo did not agree. Because of this, she was forced to leave their residence and see if he will follow her. But he did not. During the trial of the case, petitioner presented Rodolfos first cousin, Florida de Ramos, as a witness. In 1993, Ramos, the niece of Rodolfos father, was living with Rodolfos family. She corroborated petitioners testimony that Rodolfo was indeed not gainfully employed when he married petitioner and he merely relied on the allowance given by his mother. This witness also confirmed that it was respondents mother who was paying the rentals for the room where the couple lived. She also testified that at one time, she saw respondent going to his mothers house in business attire. She learned later that Rodolfo told petitioner that he has a job but in truth he had none. She also stated that respondent was still residing at the house of his mother and not living together with petitioner. Petitioner likewise presented Dr. Cecilia Villegas, a psychiatrist. Dr. Villegas testified that after examining petitioner for her psychological evaluation, she found petitioner to be mature, independent, very responsible, focused and has direction and ambition in life. She also observed that petitioner works hard for what she wanted and therefore, she was not psychologically incapacitated to perform the duties and responsibilities of marriage. Dr. Villegas added that based on the information gathered from petitioner, she found that Rodolfo showed that he was psychologically incapacitated to perform his marital duties and responsibilities. Dr. Villegas concluded that he was suffering from Dependent Personality Disorder associated with severe inadequacy related to masculine strivings. She explained that persons suffering from Dependent Personality Disorder were those whose response to ordinary way of life was ineffectual and inept, characterized by loss of self-confidence, constant self-doubt, inability to make his own decisions and dependency on other people. She added that the root cause of this psychological problem was a cross-identification with the mother who was the dominant figure in the family considering that respondents father was a seaman and always out of the house. She stated that this problem began during the early stages in his life but manifested only after the celebration of his marriage. According to Dr. Villegas, this kind of problem was also severe because he will not be able to make and to carry on the responsibilities expected of a married person. It was incurable because it started in early development and therefore deeply ingrained into his personality. Based on petitioners evidence, the RTC rendered a Decision dated October 25, 2004, declaring the marriage between petitioner and Rodolfo as null and void ab initio, thus: With the preponderant evidence presented by the petitioner, the court finds that respondent totally failed in his commitments and obligations as a husband. Respondents emotional immaturity and irresponsibility is grave and he has no showing of improvement. He failed likewise to have sexual intercourse with the wife because it is a result of the unconscious guilt felling of having sexual relationship since he could not distinguish between the mother and the wife and therefore sex relationship will not be satisfactory as expected. The respondent is suffering from dependent personality disorder and therefore cannot make his own decision and cannot carry on his responsibilities as a husband. The marital obligations to live together, observe mutual love, respect, support was not fulfilled by the respondent.

Considering the totality of evidence of the petitioner clearly show that respondent failed to comply with his marital obligations. Thus the marriage between petitioner and respondent should be declared null and void on the account of respondents severe and incurable psychological incapacity. xxx xxx xxx Wherefore premises considered, the marriage between Marietta Azcueta and Rodolfo B. Azcuata is hereby declared null and void abinitio pursuant to Article 36 fo the Family Code. The National Statistics Office and the Local Civil Registrar of Antipolo City are ordered to make proper entries into the records of the parties pursuant to judgment of the court. Let copies of this decision be furnished the Public Prosecutor and the Solicitor General. SO ORDERED.3 On July 19, 2005, the RTC rendered an Amended Decision4 to correct the first name of Rodolfo which was erroneously typewritten as "Gerardo" in the caption of the original Decision. The Solicitor General appealed the RTC Decision objecting that (a) the psychiatric report of Dr. Villegas was based solely on the information provided by petitioner and was not based on an examination of Rodolfo; and (b) there was no showing that the alleged psychological defects were present at the inception of marriage or that such defects were grave, permanent and incurable. Resolving the appeal, the CA reversed the RTC and essentially ruled that petitioner failed to sufficiently prove the psychological incapacity of Rodolfo or that his alleged psychological disorder existed prior to the marriage and was grave and incurable. In setting aside the factual findings of the RTC, the CA reasoned that: The evidence on record failed to demonstrate that respondents alleged irresponsibility and over-dependence on his mother is symptomatic of psychological incapacity as above explained. xxx xxx xxx Also worthy of note is petitioner-appellees failure to prove that respondents supposed psychological malady existed even before the marriage. Records however show that the parties were living in harmony in the first few years of their marriage and were living on their own in a rented apartment. That respondent often times asks his mother for financial support may be brought about by his feeling of embarrassment that he cannot contribute at all to the family coffers, considering that it was his wife who is working for the family. Petitioner-appellee likewise stated that respondent does not like to have a child on the pretense that respondent is not yet ready to have one. However this is not at all a manifestation of irresponsibility. On the contrary, respondent has shown that he has a full grasp of reality and completely understands the implication of having a child especially that he is unemployed. The only problem besetting the union is respondents alleged irresponsibility and unwillingness to leave her (sic) mother, which was not proven in this case to be psychological-rooted. The behavior displayed by respondent was caused only by his youth and emotional immaturity which by themselves, do not constitute psychological incapacity (Deldel vs. Court of Appeals, 421 SCRA 461, 466 [2004]). At all events, petitioner-appellee has utterly failed, both in her allegations in the complaint and in her evidence, to make out a case of psychological incapacity on the part of respondent, let alone at the time of solemnization of the contract, so immaturity and irresponsibility, invoked by her, cannot be equated with psychological incapacity (Pesca vs. Pesca, 356 SCRA 588, 594 [2001]). As held by the Supreme Court:

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Psychological incapacity must be more than just a difficulty, refusal or neglect in the performance of some marital obligations, it is essential that they must be shown to be incapable of doing so, due to some psychological illness existing at the time of the celebration of the marriage. (Navarro, Jr. vs. Cecilio-Navarro, G.R. No. 162049, April 13, 2007). xxx xxx xxx WHEREFORE, in the light of the foregoing, the appealed decision dated July 19, 2005 fo the Regional Trial Court (RTC) of Antipolo City, Branch 72 in Civil Case No. 02-6428 is REVERSED and SET ASIDE. The marriage berween petitioner-appellee Marietta C. Azcueta and respondent Rodolfo B. Azcueta remains VALID.5 (emphasis ours) The basic issue to be resolved in the instant case is whether or not the totality of the evidence presented is adequate to sustain a finding that Rodolfo is psychologically incapacitated to comply with his essential marital obligations. The Office of the Solicitor General, in its Comment, submits that the appellate court correctly ruled that the "totality of evidence presented by petitioner" failed to prove her spouses psychological incapacity pursuant to Article 36 of the Family Code and settled jurisprudence. We grant the petition. Prefatorily, it bears stressing that it is the policy of our Constitution to protect and strengthen the family as the basic autonomous social institution and marriage as the foundation of the family.6 Our family law is based on the policy that marriage is not a mere contract, but a social institution in which the state is vitally interested. The State can find no stronger anchor than on good, solid and happy families. The break up of families weakens our social and moral fabric and, hence, their preservation is not the concern alone of the family members.7 Thus, the Court laid down in Republic of the Philippines v. Court of Appeals and Molina8 stringent guidelines in the interpretation and application of Article 36 of the Family Code, to wit: (1) The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity. This is rooted in the fact that both our Constitution and our laws cherish the validity of marriage and unity of the family. Thus, our Constitution devotes an entire Article on the Family, recognizing it "as the foundation of the nation." It decrees marriage as legally "inviolable," thereby protecting it from dissolution at the whim of the parties. Both the family and marriage are to be "protected" by the state. The Family Code echoes this constitutional edict on marriage and the family and emphasizes their permanence, inviolability and solidarity. (2) The root cause of the psychological incapacity must be: (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision. Article 36 of the Family Code requires that the incapacity must be psychological - not physical, although its manifestations and/or symptoms may be physical. The evidence must convince the court that the parties, or one of them, was mentally or psychically ill to such an extent that the person could not have known the obligations he was assuming, or knowing them, could not have given valid assumption thereof. Although no example of such incapacity need be given here so as not to limit the application of the provision under the principle of ejusdem generis (Salita v. Magtolis, 233 SCRA 100, 108), nevertheless such root cause must be

identified as a psychological illness and its incapacitating nature fully explained. Expert evidence may be given by qualified psychiatrists and clinical psychologists. (3) The incapacity must be proven to be existing at "the time of the celebration" of the marriage. The evidence must show that the illness was existing when the parties exchanged their "I dos." The manifestation of the illness need not be perceivable at such time, but the illness itself must have attached at such moment, or prior thereto. (4) Such incapacity must also be shown to be medically or clinically permanent or incurable. Such incurability may be absolute or even relative only in regard to the other spouse, not necessarily absolutely against everyone of the same sex. Furthermore, such incapacity must be relevant to the assumption of marriage obligations, not necessarily to those not related to marriage, like the exercise of a profession or employment in a job. Hence, a pediatrician may be effective in diagnosing illnesses of children and prescribing medicine to cure them but may not be psychologically capacitated to procreate, bear and raise his/her own children as an essential obligation of marriage. (5) Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage. Thus, "mild characteriological peculiarities, mood changes, occasional emotional outbursts" cannot be accepted as root causes. The illness must be shown as downright incapacity or inability, not a refusal, neglect or difficulty, much less ill will. In other words, there is a natal or supervening disabling factor in the person, an adverse integral element in the personality structure that effectively incapacitates the person from really accepting and thereby complying with the obligations essential to marriage. (6) The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the same Code in regard to parents and their children. Such non-complied marital obligation(s) must also be stated in the petition, proven by evidence and included in the text of the decision. (7) Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts. x x x.9 (Emphasis supplied) In Santos v. Court of Appeals,10 the Court declared that psychological incapacity must be characterized by (a) gravity, (b) juridical antecedence, and (c) incurability.11 It should refer to "no less than a mental, not physical, incapacity that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage."12 The intendment of the law has been to confine the meaning of "psychological incapacity" to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage.13 However, in more recent jurisprudence, we have observed that notwithstanding the guidelines laid down in Molina, there is a need to emphasize other perspectives as well which should govern the disposition of petitions for declaration of nullity under Article 36.14 Each case must be judged, not on the basis of a priori assumptions, predilections or generalizations but according to its own facts. In regard to psychological incapacity as a ground for annulment of marriage, it is trite to say that no case is on "all fours" with another case. The trial judge must take

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pains in examining the factual milieu and the appellate court must, as much as possible, avoid substituting its own judgment for that of the trial court.15 With the advent of Te v. Te,16 the Court encourages a reexamination of jurisprudential trends on the interpretation of Article 36 although there has been no major deviation or paradigm shift from the Molina doctrine. After a thorough review of the records of the case, we find that there was sufficient compliance with Molina to warrant the annulment of the parties marriage under Article 36. First, petitioner successfully discharged her burden to prove the psychological incapacity of her husband. The Solicitor General, in discrediting Dr. Villegas psychiatric report, highlights the lack of personal examination of Rodolfo by said doctor and the doctors reliance on petitioners version of events. In Marcos v. Marcos,17 it was held that there is no requirement that the defendant/respondent spouse should be personally examined by a physician or psychologist as a condition sine qua non for the declaration of nullity of marriage based on psychological incapacity. What matters is whether the totality of evidence presented is adequate to sustain a finding of psychological incapacity. It should be noted that, apart from her interview with the psychologist, petitioner testified in court on the facts upon which the psychiatric report was based. When a witness testified under oath before the lower court and was cross-examined, she thereby presented evidence in the form of testimony.18 Significantly, petitioners narration of facts was corroborated in material points by the testimony of a close relative of Rodolfo. Dr. Villegas likewise testified in court to elaborate on her report and fully explain the link between the manifestations of Rodolfos psychological incapacity and the psychological disorder itself. It is a settled principle of civil procedure that the conclusions of the trial court regarding the credibility of witnesses are entitled to great respect from the appellate courts because the trial court had an opportunity to observe the demeanor of witnesses while giving testimony which may indicate their candor or lack thereof.19 Since the trial court itself accepted the veracity of petitioners factual premises, there is no cause to dispute the conclusion of psychological incapacity drawn therefrom by petitioners expert witness.20 Second, the root cause of Rodolfos psychological incapacity has been medically or clinically identified, alleged in the petition, sufficiently proven by expert testimony, and clearly explained in the trial courts decision. The petition alleged that from the beginning of their marriage, Rodolfo was not gainfully employed and, despite pleas from petitioner, he could not be persuaded to even attempt to find employment; that from the choice of the family abode to the couples daily sustenance, Rodolfo relied on his mother; and that the couples inadequate sexual relations and Rodolfos refusal to have a child stemmed from a psychological condition linked to his relationship to his mother.1avvphi1 These manifestations of incapacity to comply or assume his marital obligations were linked to medical or clinical causes by an expert witness with more than forty years experience from the field of psychology in general and psychological incapacity, in particular. In a portion of her psychiatric evaluation, Dr. Villegas elucidated the psychodynamics of the case of petitioner and Rodolfo, thus: Marietta is the eldest of 5 siblings, whose parents has very limited education. Being the eldest, she is expected to be the role model of younger siblings. In so doing, she has been restricted and physically punished, in order to tow the line. But on the other hand, she developed growing resentments towards her father and promised herself that with the first opportunity, shell get out of the family. When Rodolfo came along, they were married 1 months after they met, without really knowing anything about him. Her obsession to leave her family was her primary reason at

that time and she did not exercise good judgment in her decision making in marriage. During their 4 years marital relationship, she came to realize that Rodolfo cannot be responsible in his duties and responsibilities, in terms of loving, caring, protection, financial support and sex. On the other hand, Rodolfo is the 3rd among 5 boys. The father, who was perceived to be weak, and his two elder brothers were all working as seaman. Rodolfo who was always available to his mothers needs, became an easy prey, easily engulfed in to her system. The relationship became symbiotic, that led to a prolonged and abnormal dependence to his mother. The mother, being the stronger and dominant parent, is a convenient role model, but the reversal of roles became confusing that led to ambivalence of his identity and grave dependency. Apparently, all the boys were hooked up to his complexities, producing so much doubts in their capabilities in a heterosexual setting. Specifically, Rodolfo tried, but failed. His inhibitions in a sexual relationship, is referable to an unconscious guilt feelings of defying the mothers love. At this point, he has difficulty in delineating between the wife and the mother, so that his continuous relationship with his wife produces considerable anxiety, which he is unable to handle, and crippled him psychologically. Based on the above clinical data, family background and outcome of their marriage, it is the opinion of the examiner, that Mrs. Marietta Cruz-Azcueta is mature, independent and responsible and is psychologically capacitated to perform the duties and obligations of marriage. Due to her numerous personal problems she has difficulty in handling her considerable anxiety, at present. There are strong clinical evidences that Mr. Rodolfo Azcueta is suffering from a Dependent Personality Disorder associated with severe inadequacy that renders him psychologically incapacitated to perform the duties and responsibilities of marriage. The root cause of the above clinical condition is due to a strong and prolonged dependence with a parent of the opposite sex, to a period when it becomes no longer appropriate. This situation crippled his psychological functioning related to sex, self confidence, independence, responsibility and maturity. It existed prior to marriage, but became manifest only after the celebration due to marital stresses and demands. It is considered as permanent and incurable in nature, because it started early in his life and therefore became so deeply ingrained into his personality structure. It is severe or grave in degree, because it hampered and interfered with his normal functioning related to heterosexual adjustment.21 These findings were reiterated and further explained by Dr. Villegas during her testimony, the relevant portion of which we quote below: xxx xxx xxx Q: Now, Madame Witness, after examining the petitioner, what was your psychological evaluation? A: Ive found the petitioner in this case, Mrs. Marietta Azcueta as matured, independent, very responsible, focused, she has direction and ambition in life and she work hard for what she wanted, maam, and therefore, I concluded that she is psychologically capacitated to perform the duties and responsibilities of the marriage, maam. Q: How about the respondent, Madame Witness, what was your psychological evaluation with regards to the respondent? A: Based on my interview, Ive found out that the husband Mr. Rodolfo Azcueta is psychologically incapacitated to perform the duties and responsibilities of marriage suffering from a psychiatric classification as Dependent Personality Disorder associated with severe inadequacy related to masculine strivings, maam.

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Q: In laymans language, Madame Witness, can you please explain to us what do you mean by Dependent Personality Disorder? A: Dependent Personality Disorder are (sic) those persons in which their response to ordinary way of life are ineffectual and inept characterized by loss of self confidence, always in doubt with himself and inability to make his own decision, quite dependent on other people, and in this case, on his mother, maam. Q: And do you consider this, Madame Witness, as a psychological problem of respondent, Rodolfo Azcueta? A: Very much, maam. Q: Why? A: Because it will always interfered, hampered and disrupt his duties and responsibilities as a husband and as a father, maam. Q: And can you please tell us, Madame Witness, what is the root cause of this psychological problem? A: The root cause of this psychological problem is a cross identification with the mother who is the dominant figure in the family, the mother has the last say and the authority in the family while the father was a seaman and always out of the house, and if present is very shy, quiet and he himself has been very submissive and passive to the authority of the wife, maam. Q: And can you please tell us, Madame Witness, under what circumstance this kind of psychological problem manifested? A: This manifested starting his personality development and therefore, during his early stages in life, maam. Q: So, you mean to say, Madame Witness, this kind of problem existed to Rodolfo Azcueta, the respondent in this case, before the celebration of the marriage? A: Yes, maam. Q: And it became manifested only after the celebration of the marriage? A: Yes, maam. Q: And can you please tell us the reason why it became manifested with thethat the manifestation came too late? A: The manifestation came too late because the history of Mr. Rodolfo Azcueta was very mild, no stresses, no demand on his life, at 24 years old despite the fact that he already finished college degree of Computer Science, there is no demand on himself at least to establish his own, and the mother always would make the decision for him, maam. Q: Okay, Madame Witness, is this kind of psychological problem severe? A: Yes maam. Q: Why do you consider this psychological problem severe, Madame Witness?

A: Because he will not be able to make and to carry on the responsibility that is expected of a married person, maam. Q: Is it incurable, Madame Witness? A: It is incurable because it started early in development and therefore it became so deeply ingrained into his personality, and therefore, it cannot be changed nor cured at this stage, maam. Q: So, you mean to say, Madame Witness, that it is Permanent? A: It is permanent in nature, sir. Q: And last question as an expert witness, what is the effect of the psychological problem as far as the marriage relationship of Rodolfo Azcueta is concerned? A: The effect of this will really be a turbulent marriage relationship because standard expectation is, the husband has to work, to feed, to protect, to love, and of course, to function on (sic) the sexual duties of a husband to the wife, but in this case, early in their marriage, they had only according to the wife, experienced once sexual relationship every month and this is due to the fact that because husband was so closely attached to the mother, it is a result of the unconscious guilt feeling of the husband in defying the mothers love when they will be having heterosexual relationship and therefore, at that point, he will not be able to distinguish between the mother and the wife and therefore, sex relationship will not be satisfactory according to expectation, maam.22 In Te v. Te, we held that "[b]y the very nature of Article 36, courts, despite having the primary task and burden of decisionmaking, must not discount but, instead, must consider as decisive evidence the expert opinion on the psychological and mental temperaments of the parties."23 Based on the totality of the evidence, the trial court clearly explained the basis for its decision, which we reproduce here for emphasis: With the preponderant evidence presented by the petitioner, the court finds that respondent totally failed in his commitments and obligations as a husband. Respondents emotional immaturity and irresponsibility is grave and he has no showing of improvement. He failed likewise to have sexual intercourse with the wife because it is a result of the unconscious guilt felling of having sexual relationship since he could not distinguish between the mother and the wife and therefore sex relationship will not be satisfactory as expected. The respondent is suffering from dependent personality disorder and therefore cannot make his own decision and cannot carry on his responsibilities as a husband. The marital obligations to live together, observe mutual love, respect, support was not fulfilled by the respondent. Considering the totality of evidence of the petitioner clearly show that respondent failed to comply with his marital obligations. Thus the marriage between petitioner and respondent should be declared null and void on the account of respondents severe and incurable psychological incapacity. Third, Rodolfos psychological incapacity was established to have clearly existed at the time of and even before the celebration of marriage. Contrary to the CAs finding that the parties lived harmoniously and independently in the first few years of marriage, witnesses were united in testifying that from inception of the marriage, Rodolfos irresponsibility, overdependence on

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his mother and abnormal sexual reticence were already evident. To be sure, these manifestations of Rodolfos dependent personality disorder must have existed even prior to the marriage being rooted in his early development and a by product of his upbringing and family life. Fourth, Rodolfos psychological incapacity has been shown to be sufficiently grave, so as to render him unable to assume the essential obligations of marriage. The Court is wary of the CAs bases for overturning factual findings of the trial court on this point. The CAs reasoning that Rodolfos requests for financial assistance from his mother might have been due to his embarrassment for failing to contribute to the family coffers and that his motive for not wanting a child was his "responsible" realization that he should not have a child since he is unemployed are all purely speculative. There is no evidence on record to support these views. Again, we must point out that appellate courts should not substitute their discretion with that of the trial court or the expert witnesses, save only in instance where the findings of the trial court or the experts are contradicted by evidence. We likewise cannot agree with the CA that Rodolfos irresponsibility and overdependence on his mother can be attributed to his immaturity or youth. We cannot overlook the fact that at the time of his marriage to petitioner, he was nearly 29 years old or the fact that the expert testimony has identified a grave clinical or medical cause for his abnormal behavior. In Te, the Court has had the occasion to expound on the nature of a dependent personality disorder and how one afflicted with such a disorder would be incapacitated from complying with marital obligations, to wit: Indeed, petitioner, who is afflicted with dependent personality disorder, cannot assume the essential marital obligations of living together, observing love, respect and fidelity and rendering help and support, for he is unable to make everyday decisions without advice from others, allows others to make most of his important decisions (such as where to live), tends to agree with people even when he believes they are wrong, has difficulty doing things on his own, volunteers to do things that are demeaning in order to get approval from other people, feels uncomfortable or helpless when alone and is often preoccupied with fears of being abandoned. As clearly shown in this case, petitioner followed everything dictated to him by the persons around him. He is insecure, weak and gullible, has no sense of his identity as a person, has no cohesive self to speak of, and has no goals and clear direction in life.24 Of course, this is not to say that anyone diagnosed with dependent personality disorder is automatically deemed psychologically incapacitated to comply with the obligations of marriage. We realize that psychology is by no means an exact science and the medical cases of patients, even though suffering from the same disorder, may be different in their symptoms or manifestations and in the degree of severity. It is the duty of the court in its evaluation of the facts, as guided by expert opinion, to carefully scrutinize the type of disorder and the gravity of the same before declaring the nullity of a marriage under Article 36. Fifth, Rodolfo is evidently unable to comply with the essential marital obligations embodied in Articles 68 to 71 of the Family Code.25 As noted by the trial court, as a result of Rodolfos dependent personality disorder, he cannot make his own decisions and cannot fulfill his responsibilities as a husband. Rodolfo plainly failed to fulfill the marital obligations to live together, observe mutual love, respect, support under Article 68. Indeed, one who is unable to support himself, much less a wife; one who cannot independently make decisions regarding even the most basic and ordinary matters that spouses face everyday; one who cannot contribute to the material, physical and emotional well-being of his spouse is psychologically incapacitated to comply with the marital obligations within the meaning of Article 36.

Sixth, the incurability of Rodolfos condition which has been deeply ingrained in his system since his early years was supported by evidence and duly explained by the expert witness. At this point, the Court is not unmindful of the sometimes peculiar predicament it finds itself in those instances when it is tasked to interpret static statutes formulated in a particular point in time and apply them to situations and people in a society in flux. With respect to the concept of psychological incapacity, courts must take into account not only developments in science and medicine but also changing social and cultural mores, including the blurring of traditional gender roles. In this day and age, women have taken on increasingly important roles in the financial and material support of their families. This, however, does not change the ideal that the family should be an "autonomous" social institution, wherein the spouses cooperate and are equally responsible for the support and well-being of the family. In the case at bar, the spouses from the outset failed to form themselves into a family, a cohesive unit based on mutual love, respect and support, due to the failure of one to perform the essential duties of marriage. This brings to mind the following pronouncement in Te: In dissolving marital bonds on account of either partys psychological incapacity, the Court is not demolishing the foundation of families, but it is actually protecting the sanctity of marriage, because it refuses to allow a person afflicted with a psychological disorder, who cannot comply with or assume the essential marital obligations, from remaining in that sacred bond. It may be stressed that the infliction of physical violence, constitutional indolence or laziness, drug dependence or addiction, and psychosexual anomaly are manifestations of a sociopathic personality anomaly. Let it be noted that in Article 36, there is no marriage to speak of in the first place, as the same is void from the very beginning. To indulge in imagery, the declaration of nullity under Article 36 will simply provide a decent burial to a stillborn marriage.26 (emphasis ours) In all, we agree with the trial court that the declaration of nullity of the parties marriage pursuant to Article 36 of the Family Code is proper under the premises. WHEREFORE, the petition is GRANTED. The Amended Decision dated July 19, 2005 of the Regional Trial Court, Branch 72, Antipolo City in Civil Case No. 02-6428 is REINSTATED. SO ORDERED.

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G.R. No. 164493

March 10, 2010

JOCELYN M. SUAZO, Petitioner, vs. ANGELITO SUAZO and REPUBLIC OF THE PHILIPPINES, Respondents. DECISION BRION, J.: We resolve the appeal filed by petitioner Jocelyn Suazo (Jocelyn) from the July 14, 2004 Decision of the Court of Appeals (CA)1 in CA-G.R. CV No. 62443, which reversed the January 29, 1999 judgment of the Regional Trial Court (RTC), Branch 119, Pasay City in Civil Case No. 97-1282.2 The reversed RTC decision nullified Jocelyns marriage with respondent Angelito Suazo (Angelito) on the ground of psychological incapacity. THE FACTS Jocelyn and Angelito were 16 years old when they first met in June 1985; they were residents of Laguna at that time. After months of courtship, Jocelyn went to Manila with Angelito and some friends. Having been gone for three days, their parents sought Jocelyn and Angelito and after finding them, brought them back to Bian, Laguna. Soon thereafter, Jocelyn and Angelitos marriage was arranged and they were married on March 3, 1986 in a ceremony officiated by the Mayor of Bian. Without any means to support themselves, Jocelyn and Angelito lived with Angelitos parents after their marriage. They had by this time stopped schooling. Jocelyn took odd jobs and worked for Angelitos relatives as household help. Angelito, on the other hand, refused to work and was most of the time drunk. Jocelyn urged Angelito to find work and violent quarrels often resulted because of Jocelyns efforts. Jocelyn left Angelito sometime in July 1987. Angelito thereafter found another woman with whom he has since lived. They now have children. Ten years after their separation, or on October 8, 1997, Jocelyn filed with the RTC a petition for declaration of nullity of marriage under Article 36 of the Family Code, as amended. She claimed that Angelito was psychologically incapacitated to comply with the essential obligations of marriage. In addition to the above historical narrative of their relationship, she alleged in her complaint: xxxx 8. That from the time of their marriage up to their separation in July 1987, their relationship had been marred with bitter quarrels which caused unbearable physical and emotional pains on the part of the plaintiff because defendant inflicted physical injuries upon her every time they had a troublesome encounter; 9. That the main reason for their quarrel was always the refusal of the defendant to work or his indolence and his excessive drinking which makes him psychologically incapacitated to perform his marital obligations making life unbearably bitter and intolerable to the plaintiff causing their separation in fact in July 1987; 10. That such psychological incapacity of the defendant started from the time of their marriage and became very apparent as time went and proves to be continuous, permanent and incurable; xxxx

Angelito did not answer the petition/complaint. Neither did he submit himself to a psychological examination with psychologist Nedy Tayag (who was presumably hired by Jocelyn). The case proceeded to trial on the merits after the trial court found that no collusion existed between the parties. Jocelyn, her aunt Maryjane Serrano, and the psychologist testified at the trial. In her testimony, Jocelyn essentially repeated the allegations in her petition, including the alleged incidents of physical beating she received from Angelito. On cross-examination, she remained firm on these declarations but significantly declared that Angelito had not treated her violently before they were married. Asst. Sol. Gen. Kim Briguera: Q. Can you describe your relationship with the respondent before you got married? A. He always go (sic) to our house to court me. Q. Since you cited violence, after celebration of marriage, will you describe his behavioural (sic) pattern before you got married? A. He show (sic) kindness, he always come (sic) to the house. Q. So you cannot say his behavioral pattern composing of violent nature before you got married (sic), is there any signs (sic) of violence? A. None maam (sic), because we were not sweethearts. Q. Even to other people? A. He also quarrel (sic).3 Maryjane Serrano corroborated parts of Jocelyns testimony. When the psychologist took the witness stand, she declared: Q. What about the respondent, did you also make clinical interpretation of his behavior? A. Apparently, the behavior and actuation of the respondent during the time of the marriage the respondent is suffering from anti-social personality Disorder this is a serious and severe apparently incurable (sic). This disorder is chronic and longstanding before the marriage. Q. And you based your interpretation on the report given by the petitioner? A. Based on the psychological examination wherein there is no pattern of lying when I examined her, the petitioner was found to be very responsive, coherent, relevant to marital relationship with respondent. Q. And the last page of Exhibit "E" which is your report there is a statement rather on the last page, last paragraph which state: It is the clinical opinion of the undersigned that marriage between the two, had already hit bottom rock (sic) even before the actual celebration of marriage. Respondent(s) immature, irresponsible and callous emotionality practically harbors (sic) the possibility of having blissful relationship. His general behavior fulfill(s) the diagnostic criteria for a person suffering from Anti Social Personality Disorder. Such disorder is serious and severe and it interferred (sic) in his capacity to provide love, caring, concern and responsibility to his family. The disorder is chronic and long-standing in proportion and appear(s) incurable. The disorder was present at the time of the wedding and became manifest thereafter due to stresses and pressure of married life. He apparently grew up in a dysfunctional family. Could you explain what does chronic mean?

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A. Chronic is a clinical language which means incurable it has been there long before he entered marriage apparently, it came during early developmental (sic) Basic trust was not develop (sic). Q. And this long standing proportion (sic). A. That no amount of psychological behavioral help to cure such because psychological disorder are not detrimental to men but to others particularly and this (sic) because the person who have this kind of disorder do not know that they have this kind of disorder. Q. So in other words, permanent? A. Permanent and incurable. Q. You also said that this psychological disorder is present during the wedding or at the time of the wedding or became manifest thereafter? A. Yes, maam." xxxx Court: Q. Is there a clinical findings (sic)? A. That is the clinical findings. Personality Disorder labeled on Anti-Social Personality Disorder (sic). Q. How was shown during the marriage (sic)? A. The physical abuses on the petitioner also correlated without any employment exploitative and silent (sic) on the part of the respondent is clearly Anti-Social Disorder. Q. Do the respondent know that he has that kind of psychological disorder (sic)? A. Usually a person suffering that psychological disorder will not admit that they are suffering that kind of disorder (sic). Court: Q. So because of this Anti-Social Disorder the petitioner suffers a lot (sic)? A. Yes, because the petitioner is a victim of hardships of marital relation to the respondent (sic). Court: Q. Was the Anti-Social Personality Disorder also shown to the parents (sic)? A. Yes, according to the petitioner, respondent never give due respect more often than not he even shouted at them for no apparent reason (sic). Court: Q. Did you say Anti-Social Disorder incurable (sic)? A. Yes, sir. Court: Q. Is there a physical violence (sic)? A. Actually, I could see the petitioner is tortured mentally of the respondent (sic). Court: Q. How was the petitioner tortured?

A. She was able to counter-act by the time she was separated by the respondent (sic). Court: Q. Do you mean to tell us that Anti-Social disorder is incurable? A. Yes, sir. Court: Q. Why did you know? A. Anti-Social disorder is incurable again because the person itself, the respondent is not aware that this kind of personality affect the other party (sic). Court: Q. This Anti-Social behavior is naturally affected the petitioner (sic)? A. They do not have children because more often than not the respondent is under the influence of alcohol, they do not have peaceful harmonious relationship during the less than one year and one thing what is significant, respondent allowed wife to work as housemaid instead of he who should provide and the petitioner never receive and enjoy her earning for the five months that she work and it is also the petitioner who took sustainance of the vices. (sic) Q. And because of that Anti-Social disorder he had not shown love to the petitioner? A. From the very start the respondent has no emotion to sustain the marital relationship but what he need is to sustain his vices thru the petitioner (sic). Court: Q. What are the vices? A. Alcohol and gambling. Court: Q. And this affected psychological incapacity to perform marital obligation? A. Not only that up to this time from my clinical analysis of Anti-Social Personality Disorder, he is good for nothing person.4 The psychologist also identified the Psychological Report she prepared. The Report pertinently states:5 Report on the psychological condition of JOCELYN M. SUAZO, a petitioner for "Nullity of Marriage" versus ANGELITO D. SUAZO GENERAL DATA [This pertains to Jocelyns] BRIEF MARITAL HISTORY xxxx Husband is Angelito D. Suazo, 28 years old reached 3rd year high school, a part time tricycle driver, eldest among 4 siblings. Father is a machine operator, described to be an alcoholic, womanizer and a heavy gambler. While mother is a sales agent. It was a common knowledge within their vicinity that she was also involved in an illicit relationship. Familial relationship was described to be stormy, chaotic whose bickering and squabbles were part and parcel of their day to day living.

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TEST RESULTS AND EVALUATION Projective data reveal an introvert person whose impulse life is adequately suppressed so much so that it does not create inner tension and anxiety. She is fully equipped in terms of drives and motivation particularly in uplifting not, only her socio-emotional image but was as her morale. She may be sensitive yet capable of containing the effect of such sensitiveness; in order to remain in goodstead (sic) with her immediate environment. She is pictured as a hard-working man (sic) who looks forward for a better future in spite of difficulties she had gone through in the past. She is fully aware of external realities of life that she set simple life goals which is (sic) commensurate with her capabilities and limitations. However, she needs to prioritize her interest in order to direct her energy toward specific goals. Her tolerance for frustration appears to be at par with her coping mechanism that she is able to discharge negative trends appropriately. REMARKS : [Already cited in full in the psychologists testimony quoted above]6 The Office of the Solicitor General representing the Republic of the Philippines strongly opposed the petition for declaration of nullity of the marriage. Through a Certification filed with the RTC, it argued that the psychologist failed to examine and test Angelito; thus, what she said about him was purely hearsay. THE RTC RULING The RTC annulled the marriage under the following reasoning: While there is no particular instance setforth (sic) in the law that a person may be considered as psychologically incapacitated, there as (sic) some admitted grounds that would render a person to be unfit to comply with his marital obligation, such as "immaturity, i.e., lack of an effective sense of rational judgment and responsibility, otherwise peculiar to infants (like refusal of the husband to support the family or excessive dependence on parents or peer group approval) and habitual alcoholism, or the condition by which a person lives for the next drink and the next drinks" (The Family Code of the Phils, Alicia Sempio-Diy, p.39, 1988 ed.) The evidence presented by the petitioner and the testimony of the petitioner and Dr. Tayag, points (sic) to one thing that the petitioner failed to establish a harmonious family life with the respondent. On the contrary, the respondent has not shown love and respect to the petitioner manifested by the formers being irresponsible, immature, jobless, gambler, drunkard and worst of all a wife beater. The petitioner, unable to bear any longer the misbehavior and attitude of the respondent, decided, after one year and four months of messy days, to leave the respondent. In this regard, the petitioner was able to prove that right from the start of her married life with the respondent, she already suffered from maltreatment, due to physical injuries inflicted upon her and that she was the one who worked as a housemaid of a relative of her husband to sustain the latters niece ( sic) and because they were living with her husbands family, she was obliged to do the household chores an indication that she is a battered wife coupled with the fact that she served as a servant in his (sic) husbands family. This situation that the petitioner had underwent may be attributed to the fact that at the time of their marriage, she and her husband are still young and was forced only to said marriage by her relatives. The petitioner and the respondent had never developed the feeling of love and respect, instead, the respondent blamed the petitioners family for said early marriage and not to his own liking.

Applying the principles and the requisites of psychological incapacity enunciated by this Court in Santos v. Court of Appeals,7 the RTC concluded: The above findings of the psychologist [referring to the psychologist testimony quoted above] would only tend to show that the respondent was, indeed, suffering from psychological incapacity which is not only grave but also incurable. Likewise, applying the principles set forth in the case of Republic vs. Court of Appeals and Molina, 268 SCRA 198, wherein the Supreme Court held that: x x x x [At this point, the RTC cited the pertinent Molina ruling] The Court is satisfied that the evidence presented and the testimony of the petitioner and Dr. Familiar (sic) [the psychologist who testified in this case was Nedy Tayag, not a Dr. Familiar] attesting that there is psychological incapacity on the part of the respondent to comply with the essential marital obligations has been sufficiently and clearly proven and, therefore, petitioner is entitled to the relief prayed for. A claim that the marriage is valid as there is no psychological incapacity of the respondent is a speculation and conjecture and without moral certainty. This will enhanced (sic) a greater tragedy as the battered wife/petitioner will still be using the surname of the respondent, although they are now separated, and a grim and sad reminder of her husband who made here a slave and a punching bag during the short span of her marriage with him. The law on annulment should be liberally construed in favor of an innocent suffering petitioner otherwise said law will be an instrument to protect persons with mental illness like the serious anti-social behavior of herein respondent.8 THE CA RULING The Republic appealed the RTC decision to the CA. The CA reversed the RTC decision, ruling that: True, as stated in Marcos vs Marcos 343 SCRA 755, the guidelines set in Santos vs Court of Appeals and Republic vs Court of Appeals do not require that a physician personally examine the person to be declared psychologically incapacitated. The Supreme Court adopted the totality of evidence approach which allows the fact of psychological incapacity to be drawn from evidence that medically or clinically identify the root causes of the illness. If the totality of the evidence is enough to sustain a finding of psychological incapacity, then actual medical examination of the person concerned need not be resorted to. Applied in Marcos, however, the aggregate testimony of the aggrieved spouse, children, relatives and the social worker were not found to be sufficient to prove psychological incapacity, in the absence of any evaluation of the respondent himself, the person whose mental and psychological capacity was in question. In the case at bench, there is much scarcer evidence to hold that the respondent was psychologically incapable of entering into the marriage state, that is, to assume the essential duties of marriage due to an underlying psychological illness. Only the wife gave first-hand testimony on the behavior of the husband, and it is inconclusive. As observed by the Court in Marcos, the respondent may have failed to provide material support to the family and has resorted to physical abuse, but it is still necessary to show that they were manifestations of a deeper psychological malaise that was clinically or medically identified. The theory of the psychologist that the respondent was suffering from an antisocial personality syndrome at the time of the marriage was not the product of any adequate medical or clinical investigation. The evidence that she got from the petitioner, anecdotal at best, could equally show that the behavior of the respondent was due simply to causes like immaturity or irresponsibility which are not equivalent to psychological incapacity, Pesca vs Pesca 356 SCRA 588, or the failure or refusal to work could have been the result of rebelliousness on the part of one who felt that he had been forced into a loveless marriage. In any event, the respondent was

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not under a permanent compulsion because he had later on shown his ability to engage in productive work and more stable relationships with another. The element of permanence or incurability that is one of the defining characteristic of psychological incapacity is not present. There is no doubt that for the short period that they were under the same roof, the married life of the petitioner with the respondent was an unhappy one. But the marriage cannot for this reason be extinguished. As the Supreme Court intimates in Pesca, our strict handling of Article 36 will be a reminder of the inviolability of the marriage institution in our country and the foundation of the family that the law seeks to protect. The concept of psychological incapacity is not to be a mantra to legalize what in reality are convenient excuses of parties to separate and divorce. THE PETITION Jocelyn now comes to us via the present petition to challenge and seek the reversal of the CA ruling based on the following arguments: 1. The Court of Appeals went beyond what the law says, as it totally disregarded the legal basis of the RTC in declaring the marriage null and void Tuason v. Tuason (256 SCRA 158; to be accurate, should be Tuason v. Court of Appeals) holds that "the finding of the Trial Court as to the existence or non-existence of petitioners psychological incapacity at the time of the marriage is final and binding on us (the Supreme Court); petitioner has not sufficiently shown that the trial courts factual findings and evaluation of the testimonies of private respondents witnesses vis--vis petitioners defenses are clearly and manifestly erroneous"; 2. Article 36 of the Family Code did not define psychological incapacity; this omission was intentional to give the courts a wider discretion to interpret the term without being shackled by statutory parameters. Article 36 though was taken from Canon 1095 of the New Code of Canon Law, which gives three conditions that would make a person unable to contract marriage from mental incapacity as follows: "1095. They are incapable of contracting marriage: (1) who lack the sufficient use of reason; (2) who suffer from grave lack of discretion of judgment concerning essential matrimonial rights and duties which are to be mutually given and accepted; (3) who are not capable of assuming the essential obligations of matrimony due to causes of a psychic nature." The decision of the RTC, Jocelyn claims, intelligently conforms to these criteria. The RTC, being clothed with discretionary functions, applied its finding of psychological incapacity based on existing jurisprudence and the law itself which gave lower court magistrates enough latitude to define what constitutes psychological incapacity. On the contrary, she further claims, the OSG relied on generalities without being specific on why it is opposed to the dissolution of a marriage that actually exists only in name. Simply stated, we face the issue of whether there is basis to nullify Jocelyns marriage with Angelito under Article 36 of the Family Code. THE COURTS RULING We find the petition devoid of merit. The CA committed no reversible error of law in setting aside the RTC decision, as no

basis exists to declare Jocelyns marriage with Angelito a nullity under Article 36 of the Family Code and its related jurisprudence. The Law, Molina and Te Article 36 of the Family Code provides that 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. A unique feature of this law is its intended open-ended application, as it merely introduced an abstract concept psychological incapacity that disables compliance with the contractual obligations of marriage without any concrete definition or, at the very least, an illustrative example. We must therefore apply the law based on how the concept of psychological incapacity was shaped and developed in jurisprudence. Santos v. Court of Appeals9 declared that psychological incapacity must be characterized by (a) gravity; (b) juridical antecedence; and (c) incurability. It should refer to "no less than a mental (not physical) incapacity that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage." It must be confined to "the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage."10 The Court laid down more definitive guidelines in the interpretation and application of the law in Republic v. Court of Appeals11 (Molina) as follows: (1) The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity. This is rooted in the fact that both our Constitution and our laws cherish the validity of marriage and unity of the family. Thus, our Constitution devotes an entire Article on the Family, recognizing it "as the foundation of the nation." It decrees marriage as legally "inviolable," thereby protecting it from dissolution at the whim of the parties. Both the family and marriage are to be "protected" by the state. The Family Code echoes this constitutional edict on marriage and the family and emphasizes their permanence, inviolability and solidarity. (2) The root cause of the psychological incapacity must be (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision. Article 36 of the Family Code requires that the incapacity must be psychological - not physical, although its manifestations and/or symptoms may be physical. The evidence must convince the court that the parties or one of them was mentally or psychically ill to such an extent that the person could not have known the obligations he was assuming, or knowing them, could not have given valid assumption thereof. Although no example of such incapacity need be given here so as not to limit the application of the provision under the principle ofejusdem generis, nevertheless such root cause must be identified as a psychological illness and its incapacitating nature fully explained. Expert evidence may be given by qualified psychiatrists and clinical psychologists. (3) The incapacity must be proven to be existing at "the time of the celebration" of the marriage. The evidence must show that the illness was existing when the parties exchanged their "I do's." The manifestation of the illness need not be perceivable at such time, but the

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illness itself must have attached at such moment, or prior thereto. (4) Such incapacity must also be shown to be medically or clinically permanent or incurable. Such incurability may be absolute or even relative only in regard to the other spouse, not necessarily absolutely against everyone of the same sex. Furthermore, such incapacity must be relevant to the assumption of marriage obligations, not necessarily to those not related to marriage, like the exercise of a profession or employment in a job. x x x (5) Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage. Thus, "mild characteriological peculiarities, mood changes, occasional emotional outbursts" cannot be accepted as root causes. The illness must be shown as downright incapacity or inability, not a refusal, neglect or difficulty, much less ill will. In other words, there is a natal or supervening disabling factor in the person, an adverse integral element in the personality structure that effectively incapacitates the person from really accepting and thereby complying with the obligations essential to marriage. (6) The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the same Code in regard to parents and their children. Such non-complied marital obligation(s) must also be stated in the petition, proven by evidence and included in the text of the decision. (7) Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts x x x (8) The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state. No decision shall be handed down unless the Solicitor General issues a certification, which will be quoted in the decision, briefly stating therein his reasons for his agreement or opposition, as the case may be, to the petition. The Solicitor General, along with the prosecuting attorney, shall submit to the court such certification within fifteen (15) days from the date the case is deemed submitted for resolution of the court. The Solicitor General shall discharge the equivalent function of the defensor vinculicontemplated under Canon 1095.12 Molina, subsequent jurisprudence holds, merely expounded on the basic requirements of Santos.13 A later case, Marcos v. Marcos,14 further clarified that there is no requirement that the defendant/respondent spouse should be personally examined by a physician or psychologist as a condition sine qua non for the declaration of nullity of marriage based on psychological incapacity. Accordingly, it is no longer necessary to introduce expert opinion in a petition under Article 36 of the Family Code if the totality of evidence shows that psychological incapacity exists and its gravity, juridical antecedence, and incurability can be duly established.15 Pesca v. Pesca16 clarifies that the Molina guidelines apply even to cases then already pending, under the reasoning that the courts interpretation or construction establishes the contemporaneous legislative intent of the law; the latter as so interpreted and construed would thus constitute a part of that law as of the date the statute is enacted. It is only when a prior ruling of this Court finds itself later overruled, and a different view is adopted, that the new doctrine may have to be applied prospectively in favor of parties who have relied on the old doctrine and have acted in

good faith in accordance therewith under the familiar rule of "lex prospicit, non respicit." On March 15, 2003, the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (A.M. No. 08-11-10 SC, Rules) promulgated by the Court took effect. Section 2(d) of the Rules pertinently provides: (d) What to allege. A petition under Article 36 of the Family Code shall specifically allege the complete facts showing that either or both parties were psychologically incapacitated from complying with the essential marital obligations of marriage at the time of the celebration of marriage even if such incapacity becomes manifest only after its celebration. The complete facts should allege the physical manifestations, if any, as are indicative of psychological incapacity at the time of the celebration of the marriage but expert opinion need not be alleged. Section 12(d) of the Rules requires a pre-trial brief containing all the evidence presented, including expert opinion, if any, briefly stating or describing the nature and purpose of these pieces of evidence. Section 14(b) requires the court to consider during the pre-trial conference the advisability of receiving expert testimony and such other matters as may aid in the prompt disposition of the petition. Under Section 17 of the Rules, the grounds for the declaration of the absolute nullity or annulment of marriage must be proved. All cases involving the application of Article 36 of the Family Code that came to us were invariably decided based on the principles in the cited cases. This was the state of law and jurisprudence on Article 36 when the Court decided Te v. YuTe17 (Te) which revisited the Molina guidelines. Te begins with the observation that the Committee that drafted the Family Code did not give any examples of psychological incapacity for fear that by so doing, it would limit the applicability of the provision under the principle of ejusdem generis; that the Committee desired that the courts should interpret the provision on a case-to-case basis, guided by experience, by the findings of experts and researchers in psychological disciplines, and by decisions of church tribunals that, although not binding on the civil courts, may be given persuasive effect since the provision itself was taken from the Canon Law.18 Te thus assumes it a basic premise that the law is so designed to allow some resiliency in its application.19 Te then sustained Santos doctrinal value, saying that its interpretation is consistent with that of the Canon Law. Going back to its basic premise, Te said: Conscious of the laws intention that it is the courts, on a case-tocase basis, that should determine whether a party to a marriage is psychologically incapacitated, the Court, in sustaining the lower courts judgment of annulment in Tuason v. Court of Appeals, ruled that the findings of the trial court are final and binding on the appellate courts. Again, upholding the trial courts findings and declaring that its decision was not a judgment on the pleadings, the Court, in Tsoi v. Court of Appeals, explained that when private respondent testified under oath before the lower court and was crossexamined by the adverse party, she thereby presented evidence in the form of testimony. Importantly, the Court, aware of parallel decisions of Catholic marriage tribunals, ruled that the senseless and protracted refusal of one of the parties to fulfill the marital obligation of procreating children is equivalent to psychological incapacity. With this as backdrop, Te launched an attack on Molina. It said that the resiliency with which the concept should be applied and the case-to-case basis by which the provision should be

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interpreted, as so intended by its framers, had, somehow, been rendered ineffectual by the imposition of a set of strict standards in Molina. Molina, to Te, has become a strait-jacket, forcing all sizes to fit into and be bound by it; wittingly or unwittingly, the Court, in conveniently applying Molina, has allowed diagnosed sociopaths, schizophrenics, nymphomaniacs, narcissists and the like, to continuously debase and pervert the sanctity of marriage. Te then enunciated the principle that each case must be judged, not on the basis of a priori assumptions, predilections or generalizations, but according to its own facts. Courts should interpret the provision on a case-to-case basis, guided by experience, the findings of experts and researchers in psychological disciplines, and by decisions of church tribunals. As a final note though, Te expressly stated that it is not suggesting the abandonment of Molina, but that, following Antonio v. Reyes, it merely looked at other perspectives that should also govern the disposition of petitions for declaration of nullity under Article 36. The subsequent Ting v. VelezTing20 follows Tes lead when it reiterated that Te did not abandon Molina; far from abandoning Molina, it simply suggested the relaxation of its stringent requirements, cognizant of the explanation given by the Committee on the Revision of the Rules on the rationale of the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages:21 To require the petitioner to allege in the petition the particular root cause of the psychological incapacity and to attach thereto the verified written report of an accredited psychologist or psychiatrist have proved to be too expensive for the parties. They adversely affect access to justice of poor litigants. It is also a fact that there are provinces where these experts are not available. Thus, the Committee deemed it necessary to relax this stringent requirement enunciated in the Molina Case. The need for the examination of a party or parties by a psychiatrist or clinical psychologist and the presentation of psychiatric experts shall now be determined by the court during the pre-trial conference. Te, therefore, instead of substantially departing from Molina,22 merely stands for a more flexible approach in considering petitions for declaration of nullity of marriages based on psychological incapacity. It is also noteworthy for its evidentiary approach in these cases, which it expounded on as follows: By the very nature of Article 36, courts, despite having the primary task and burden of decision-making, must not discount but, instead, must consider as decisive evidence the expert opinion on the psychological and mental temperaments of the parties. xxxx Hernandez v. Court of Appeals emphasizes the importance of presenting expert testimony to establish the precise cause of a partys psychological incapacity, and to show that it existed at the inception of the marriage. And as Marcos v. Marcos asserts, there is no requirement that the person to be declared psychologically incapacitated be personally examined by a physician, if the totality of evidence presented is enough to sustain a finding of psychological incapacity. Verily, the evidence must show a link, medical or the like, between the acts that manifest psychological incapacity and the psychological disorder itself. This is not to mention, but we mention nevertheless for emphasis, that the presentation of expert proof presupposes a thorough and in-depth assessment of the parties by the psychologist or expert, for a conclusive diagnosis of a grave, severe and incurable presence of psychological incapacity.23 [Underscoring supplied] This evidentiary approach is repeated in Ting v. Velez-Ting.24 Under this evolutionary development, as shown by the current string of cases on Article 36 of the Family Code, what should not

be lost on us is the intention of the law to confine the application of Article 36 to the most serious cases of personality disorders, clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage; that the psychological illness that must have afflicted a party at the inception of the marriage should be a malady so grave and permanent as to deprive one of awareness of the duties and responsibilities of the matrimonial bond he or she is about to assume.25 It is not enough that the respondent, alleged to be psychologically incapacitated, had difficulty in complying with his marital obligations, or was unwilling to perform these obligations. Proof of a natal or supervening disabling factor an adverse integral element in the respondents personality structure that effectively incapacitated him from complying with his essential marital obligations must be shown.26 Mere difficulty, refusal or neglect in the performance of marital obligations or ill will on the part of the spouse is different from incapacity rooted in some debilitating psychological condition or illness; irreconcilable differences, sexual infidelity or perversion, emotional immaturity and irresponsibility and the like, do not by themselves warrant a finding of psychological incapacity under Article 36, as the same may only be due to a persons refusal or unwillingness to assume the essential obligations of marriage.27 If all these sound familiar, they do, for they are but iterations of Santos juridical antecedence, gravity and incurability requisites. This is proof of Santos continuing doctrinal validity. The Present Case As the CA did, we find Jocelyns evidence insufficient to establish Angelitos psychological incapacity to perform essential marital obligations. We so conclude based on our own examination of the evidence on record, which we were compelled to undertake because of the differences in the trial court and the appellate courts appreciation and evaluation of Jocelyns presented evidence. a. The Expert Opinion Evidence Both the psychologists testimony and the psychological report did not conclusively show the root cause, gravity and incurability of Angelitos alleged psychological condition. We first note a critical factor in appreciating or evaluating the expert opinion evidence the psychologists testimony and the psychological evaluation report that Jocelyn presented. Based on her declarations in open court, the psychologist evaluated Angelitos psychological condition only in an indirect manner she derived all her conclusions from information coming from Jocelyn whose bias for her cause cannot of course be doubted. Given the source of the information upon which the psychologist heavily relied upon, the court must evaluate the evidentiary worth of the opinion with due care and with the application of the more rigid and stringent set of standards outlined above, i.e., that there must be a thorough and in-depth assessment of the parties by the psychologist or expert, for a conclusive diagnosis of a psychological incapacity that is grave, severe and incurable. In saying this, we do not suggest that a personal examination of the party alleged to be psychologically incapacitated is mandatory; jurisprudence holds that this type of examination is not a mandatory requirement. While such examination is desirable, we recognize that it may not be practical in all instances given the oftentimes estranged relations between the parties. For a determination though of a partys complete personality profile, information coming from persons intimately related to him (such as the partys close relatives and friends) may be helpful. This is an approach in the application of Article 36 that allows flexibility, at the same time that it avoids, if not totally obliterate, the credibility gaps spawned by supposedly expert opinion based entirely on doubtful sources of information. From these perspectives, we conclude that the psych`ologist, using meager information coming from a directly interested party, could not have secured a complete personality profile and

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could not have conclusively formed an objective opinion or diagnosis of Angelitos psychological condition. While the report or evaluation may be conclusive with respect to Jocelyns psychological condition, this is not true for Angelitos. The methodology employed simply cannot satisfy the required depth and comprehensiveness of examination required to evaluate a party alleged to be suffering from a psychological disorder. In short, this is not the psychological report that the Court can rely on as basis for the conclusion that psychological incapacity exists.1avvphi1 Other than this credibility or reliability gap, both the psychologists report and testimony simply provided a general description of Angelitos purported anti-social personality disorder, supported by the characterization of this disorder as chronic, grave and incurable. The psychologist was conspicuously silent, however, on the bases for her conclusion or the particulars that gave rise to the characterization she gave. These particulars are simply not in the Report, and neither can they be found in her testimony. For instance, the psychologist testified that Angelitos personality disorder is chronic or incurable; Angelito has long been afflicted with the disorder prior to his marriage with Jocelyn or even during his early developmental stage, as basic trust was not developed. However, she did not support this declaration with any factual basis. In her Report, she based her conclusion on the presumption that Angelito apparently grew up in a dysfunctional family. Quite noticeable, though, is the psychologists own equivocation on this point she was not firm in her conclusion for she herself may have realized that it was simply conjectural. The veracity, too, of this finding is highly suspect, for it was based entirely on Jocelyns assumed knowledge of Angelitos family background and upbringing. Additionally, the psychologist merely generalized on the questions of why and to what extent was Angelitos personality disorder grave and incurable, and on the effects of the disorder on Angelitos awareness of and his capability to undertake the duties and responsibilities of marriage. The psychologist therefore failed to provide the answers to the more important concerns or requisites of psychological incapacity, all of which are critical to the success of Jocelyns cause. b. Jocelyns Testimony The inadequacy and/or lack of probative value of the psychological report and the psychologists testimony impel us to proceed to the evaluation of Jocelyns testimony, to find out whether she provided the court with sufficient facts to support a finding of Angelitos psychological incapacity. Unfortunately, we find Jocelyns testimony to be insufficient. Jocelyn merely testified on Angelitos habitual drunkenness, gambling, refusal to seek employment and the physical beatings she received from him all of which occurred after the marriage. Significantly, she declared in her testimony that Angelito showed no signs of violent behavior, assuming this to be indicative of a personality disorder, during the courtship stage or at the earliest stages of her relationship with him. She testified on the alleged physical beatings after the marriage, not before or at the time of the celebration of the marriage. She did not clarify when these beatings exactly took place whether it was near or at the time of celebration of the marriage or months or years after. This is a clear evidentiary gap that materially affects her cause, as the law and its related jurisprudence require that the psychological incapacity must exist at the time of the celebration of the marriage. Habitual drunkenness, gambling and refusal to find a job, while indicative of psychological incapacity, do not, by themselves, show psychological incapacity. All these simply indicate difficulty, neglect or mere refusal to perform marital obligations that, as the cited jurisprudence holds, cannot be considered to be

constitutive of psychological incapacity in the absence of proof that these are manifestations of an incapacity rooted in some debilitating psychological condition or illness. The physical violence allegedly inflicted on Jocelyn deserves a different treatment. While we may concede that physical violence on women indicates abnormal behavioral or personality patterns, such violence, standing alone, does not constitute psychological incapacity. Jurisprudence holds that there must be evidence showing a link, medical or the like, between the acts that manifest psychological incapacity and the psychological disorder itself. The evidence of this nexus is irretrievably lost in the present case under our finding that the opinion of the psychologist cannot be relied upon. Even assuming, therefore, that Jocelyns account of the physical beatings she received from Angelito were true, this evidence does not satisfy the requirement of Article 36 and its related jurisprudence, specifically the Santos requisites. On the whole, the CA correctly reversed the RTC judgment, whose factual bases we now find to be clearly and manifestly erroneous. Our ruling in Tuason recognizing the finality of the factual findings of the trial court in Article 36 cases (which is Jocelyns main anchor in her present appeal with us) does not therefore apply in this case. We find that, on the contrary, the CA correctly applied Article 36 and its related jurisprudence to the facts and the evidence of the present case. WHEREFORE, premises considered, we DENY the petition for lack of merit. We AFFIRM the appealed Decision of the Court of Appeals in CA-G.R. CV No. 62443. Costs against the petitioner. SO ORDERED.

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G.R. No. 157649

November 12, 2012

ARABELLE J. MENDOZA, Petitioner, vs. REPUBLIC OF THE PHILIPPINES and DOMINIC C. MENDOZA, Respondents. DECISION BERSAMIN, J.: To entitle petitioner spouse to a declaration of the nullity of his or her marriage, the totality of the evidence must sufficiently prove that respondent spouse's psychological incapacity was grave, incurable and existing prior to the time of the marriage. Petitioner wife appeals the decision promulgated on March 19, 2003,1 whereby the Court of Appeals (CA) reversed the judgment of the Regional Trial Court in Mandaluyong City (RTC) declaring her marriage with respondent Dominic C. Mendoza (Dominic) as null and void. Antecedents Petitioner and Dominic met in 1989 upon his return to the country from his employment in Papua New Guinea. They had been next-door neighbors in the appartelle they were renting while they were still in college she, at Assumption College while he, at San Beda College taking a business management course. After a month of courtship, they became intimate and their intimacy ultimately led to her pregnancy with their daughter whom they named Allysa Bianca. They got married on her eighth month of pregnancy in civil rites solemnized in Pasay City on June 24, 1991,2 after which they moved to her place, although remaining dependent on their parents for support. When petitioner delivered Alyssa Bianca, Dominic had to borrow funds from petitioners best friend to settle the hospital bills. He remained jobless and dependent upon his father for support until he finished his college course in October 1993. She took on various jobs to meet the familys needs, first as a part-time aerobics instructor in 1992 and later, in 1993, as a full-time employee in Sanofi, a pharmaceutical company. Being the one with the fixed income, she shouldered all of the familys expenses (i.e., rental, food, other bills and their childs educational needs). On his part, Dominic sold Colliers Encyclopedia for three months after his graduation from college before he started working as a car salesman for Toyota Motors in Bel-Air, Makati in 1994.3 Ironically, he spent his first sales commission on a celebratory bash with his friends inasmuch as she shouldered all the household expenses and their childs schooling because his irregular income could not be depended upon. In September 1994, she discovered his illicit relationship with Zaida, his coemployee at Toyota Motors. Eventually, communication between them became rare until they started to sleep in separate rooms, thereby affecting their sexual relationship.4 In November 1995, Dominic gave her a Daihatsu Charade car as a birthday present. Later on, he asked her to issue two blank checks that he claimed would be for the cars insurance coverage. She soon found out, however, that the checks were not paid for the cars insurance coverage but for his personal needs. Worse, she also found out that he did not pay for the car itself, forcing her to rely on her father-in-law to pay part of the cost of the car, leaving her to bear the balance of P120,000.00. To make matters worse, Dominic was fired from his employment after he ran away with P164,000.00 belonging to his employer. He was criminally charged with violation of Batas Pambansa Blg. 22 and estafa, for which he was arrested and incarcerated. After petitioner and her mother bailed him out of jail, petitioner discovered that he had also swindled many clients some of whom were even threatening petitioner, her mother and her sister themselves.5

On October 15, 1997, Dominic abandoned the conjugal abode because petitioner asked him for "time and space to think things over." A month later, she refused his attempt at reconciliation, causing him to threaten to commit suicide. At that, she and her family immediately left the house to live in another place concealed from him. On August 5, 1998, petitioner filed in the RTC her petition for the declaration of the nullity of her marriage with Dominic based on his psychological incapacity under Article 36 of the Family Code. The Office of the Solicitor General (OSG) opposed the petition. Ruling of the RTC In the RTC, petitioner presented herself as a witness, together with a psychiatrist, Dr. Rocheflume Samson, and Professor Marites Jimenez. On his part, Dominic did not appear during trial and presented no evidence. On August 18, 2000, the RTC declared the marriage between petitioner and Dominic an absolute nullity,6 holding in part: xxx. The result of Dr. Samsons clinical evaluation as testified to by her and per Psychiatric Report she issued together with one Dr. Doris Primero showed that petitioner appears to be mature, strong and responsible individual. Godly, childlike trust however, makes her vulnerable and easy to forgive and forget. Petitioner also believes that marriage was a partnership "for better and for worse", she gave all of herself unconditionally to respondent. Unfortunately, respondent cannot reciprocate. On the one hand, respondent was found to have a personality that can be characterized as inadequate, immature and irresponsible. His criminal acts in the present time are mere extensions of his misconduct established in childhood. His childhood experiences of separations and emotional deprivation largely contributed to this antisocial (sociopathic) attitude and lifestyle. She concluded that respondent had evidently failed to comply with what is required of him as a husband and father. Besides from his adulterous relationship and irresponsibility, his malevolent conduct and lack of true remorse indicate that he is psychologically incapacitated to fulfill the role of a married man.7 The RTC found that all the characteristics of psychological incapacity, i.e., gravity, antecedence and incurability, as set forth in Republic v. Court of Appeals (Molina),8 were attendant, establishing Dominics psychological incapacity, viz: Gravity from the evidence adduced it can be said that respondent cannot carry out the normal and ordinary duties of marriage and family shouldered by any average couple existing under ordinary circumstances of life and work. Respondent is totally incapable of observing mutual love, respect and fidelity as well as to provide support to his wife and child. Ever since the start of the marriage respondent had left all the household concerns and the care of their child to petitioner while he studied and indulged in night outs with friends. This continued even when he finished his studies and landed a job. He concealed his salary from the petitioner and worse, had the gall to engage in sexual infidelity. Likewise worthy of serious consideration is respondents propensity to borrow money, his deceitfulness and habitual and continuous evasion of his obligations which (sic) more often than not had led to the filing of criminal cases against him. Antecedence Before the marriage petitioner was not aware of respondents personality disorder and it was only after marriage that it begun to surface. Dr. Samson declared that respondents behavioral equilibrium started at a very early age of fifteen. His dishonesty and lack of remorse are mere extensions of his misconduct in childhood which generally attributable to respondents childhood experiences of separation and emotional deprivations. In fine, his psychological incapacity is but a product of some genetic causes, faulty parenting and influence of the environment although its over manifestation appear only after the wedding.

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Incurability Respondents personality disorder having existed in him long before he contracted marriage with petitioner, there appears no chance for respondent to recover any (sic) ordinary means from such incapacity. All told, the callous and irresponsible ways of respondent show that he does not possess the proper outlook, disposition and temperament necessary for marriage. Indeed, this ultimate recourse of nullity is the only way by which petitioner can be delivered from the bondage of a union that only proved to be a mockery and brought pain and dishonor to petitioner.9 Ruling of the CA The Republic appealed to the CA, arguing that there was no showing that Dominics personality traits either constituted psychological incapacity existing at the time of the marriage or were of the nature contemplated by Article 36 of the Family Code; that the testimony of the expert witness, while persuasive, was not conclusive upon the court; and that the real reason for the parties separation had been their frequent quarrels over financial matters and the criminal cases brought against Dominic.10 On March 19, 2003 the CA promulgated its assailed decision reversing the judgment of the RTC.11 Specifically, it refused to be bound by the findings and conclusions of petitioners expert witness, holding: It has not been established to our satisfaction as well that respondents condition, assuming it is serious enough, was present before or during the celebration of the marriage. Although petitioners expert witness concluded that petitioner was psychologically incapacitated even before the parties marriage, the Court refuses to be bound by such finding, in view of the fact that the witness findings, admittedly, were concluded only on the basis of information given by the petitioner herself, who, at the time of the examination, interview, was already head strong in her resolve to have her marriage with the respondent nullified, and harbored ill-feelings against respondent throughout her consultation with Dr. Samson.12 The CA held the testimonies of petitioners witnesses insufficient to establish Dominics psychological affliction to be of such a grave or serious nature that it was medically or clinically rooted. Relying on the pronouncements in Republic v. Dagdag,13 Hernandez v. Court of Appeals14 and Pesca v. Pesca,15 the CA observed: In her testimony, petitioner described her husband as immature, deceitful and without remorse for his dishonesty, and lack of affection. Such characteristics, however, do not necessarily constitute a case of psychological incapacity. A persons inability to share or take responsibility, or to feel remorse for his misbehavior, or even to share his earnings with family members, are indicative of an immature mind, but not necessarily a medically rooted psychological affliction that cannot be cured. Even the respondents alleged sexual infidelity is not necessarily equivalent to psychological incapacity, although it may constitute adequate ground for an action for legal separation under Article 55 of the Family Code. Nor does the fact that the respondent is a criminal suspect for estafa or violation of the B.P. Blg. 22 constitutes a ground for the nullification of his marriage to petitioner. Again, it may constitute ground for legal separation provided the respondent is convicted by final judgment and sentenced to imprisonment of more than six (6) years.16 Hence, this appeal by petitioner. Issues Petitioner assails the CAs refusal to be bound by the expert testimony and psychiatric evaluation she had presented in the trial of the case, and the CAs reliance on the pronouncements in

Dagdag, Hernandez and Pesca, supra. She contends that the report on the psychiatric evaluation conducted by Dr. Samson more than complied with the requirements prescribed in Santos v. Court of Appeals (G.R. No. 112019, January 4, 1995, 240 SCRA 20) and Molina. She insists that the CA should have applied the ruling in Marcos v. Marcos (G.R. No. 136490, October 19, 2000, 343 SCRA 755) to the effect that personal medical or psychological examination was not a requirement for a declaration of psychological incapacity. Ruling The appeal has no merit. We consider the CAs refusal to accord credence and weight to the psychiatric report to be well taken and warranted. The CA correctly indicated that the ill-feelings that she harbored towards Dominic, which she admitted during her consultation with Dr. Samson, furnished the basis to doubt the findings of her expert witness; that such findings were one-sided, because Dominic was not himself subjected to an actual psychiatric evaluation by petitioners expert; and that he also did not participate in the proceedings; and that the findings and conclusions on his psychological profile by her expert were solely based on the selfserving testimonial descriptions and characterizations of him rendered by petitioner and her witnesses. Moreover, Dr. Samson conceded that there was the need for her to resort to other people in order to verify the facts derived from petitioner about Dominics psychological profile considering the ill-feelings she harbored towards him. It turned out, however, that the only people she interviewed about Dominic were those whom petitioner herself referred, as the following testimony indicated: Fiscal Zalameda Q: So youre saying that the petitioner have an ill-feeling towards the respondent? At the time you interviewed? A: Yes, Sir, during the first interview. Q: How about during the subsequent interview? A: During the subsequent interview more or less the petitioner was able to talk regarding her marital problems which is uncomfort(able), so she was able to adapt, she was able to condition herself regarding her problems, Sir. Q: But the ill-feeling was still there? A: But the feeling was still there, Sir. Q: Now, considering that this ill feeling of the petitioner insofar as the respondent is concerned, would you say that the petitioner would only tell you information negative against the respondent? A: Yes, may be Sir. But I do try to conduct or verify other people the facts given to me by the petitioner, Sir. Q: And these other people were also people given to you or the name are given to you by the petitioner, Madame Witness? A: Yes, Sir.17 In fine, the failure to examine and interview Dominic himself naturally cast serious doubt on Dr. Samsons findings. The CA rightly refused to accord probative value to the testimony of such expert for being avowedly given to show compliance with the requirements set in Santos and Molina for the establishment of Dominics psychological incapacity.

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The CAs reliance on Dagdag, Hernandez and Pesca was not misplaced. It is easy to see why. In Dagdag, we ruled that "Erlinda failed to comply with guideline No. 2 which requires that the root cause of psychological incapacity must be medically or clinically identified and sufficiently proven by experts, since no psychiatrist or medical doctor testified as to the alleged psychological incapacity of her husband."18 But here, the experts testimony on Dominics psychological profile did not identify, much less prove, the root cause of his psychological incapacity because said expert did not examine Dominic in person before completing her report but simply relied on other peoples recollection and opinion for that purpose. In Hernandez, we ruminated that: xxx expert testimony should have been presented to establish the precise cause of private respondents psychological incapacity, if any, in order to show that it existed at the inception of the marriage. The burden of proof to show the nullity of the marriage rests upon petitioner. The Court is mindful of the policy of the 1987 Constitution to protect and strengthen the family as the basic autonomous social institution and marriage as the foundation of the family. Thus, any doubt should be resolved in favor of the validity of the marriage.19 but the expert evidence submitted here did not establish the precise cause of the supposed psychological incapacity of Dominic, much less show that the psychological incapacity existed at the inception of the marriage. The Court in Pesca observed that: At all events, petitioner has utterly failed, both in her allegations in the complaint and in her evidence, to make out a case of psychological incapacity on the part of respondent, let alone at the time of solemnization of the contract, so as to warrant a declaration of nullity of the marriage. Emotional immaturity and irresponsibility, invoked by her, cannot be equated with psychological incapacity.20 Apparent from the aforecited pronouncements is that it was not the absence of the medical experts testimony alone that was crucial but rather petitioners failure to satisfactorily discharge the burden of showing the existence of psychological incapacity at the inception of the marriage. In other words, the totality of the evidence proving such incapacity at and prior to the time of the marriage was the crucial consideration, as the Court has reminded in Ting v. Velez-Ting:21 By the very nature of cases involving the application of Article 36, it is logical and understandable to give weight to the expert opinions furnished by psychologists regarding the psychological temperament of parties in order to determine the root cause, juridical antecedence, gravity and incurability of the psychological incapacity. However, such opinions, while highly advisable, are not conditions sine qua non in granting petitions for declaration of nullity of marriage. At best, courts must treat such opinions as decisive but not indispensable evidence in determining the merits of a given case. In fact, if the totality of evidence presented is enough to sustain a finding of psychological incapacity, then actual medical or psychological examination of the person concerned need not be resorted to. The trial court, as in any other given case presented before it, must always base its decision not solely on the expert opinions furnished by the parties but also on the totality of evidence adduced in the course of the proceedings. Petitioners view that the Court in Marcos stated that the personal medical or psychological examination of respondent spouse therein was not a requirement for the declaration of his psychological incapacity22 is not entirely accurate. To be clear, the statement in Marcos ran as follows:

The guidelines incorporate the three basic requirements earlier mandated by the Court in Santos v. Court of Appeals: "psychological incapacity must be characterized by (a) gravity (b) juridical antecedence, and (c) incurability." The foregoing guidelines do not require that a physician examine the person to be declared psychologically incapacitated. In fact, the root cause may be "medically or clinically identified." What is important is the presence of evidence that can adequately establish the partys psychological condition. For indeed, if the totality of evidence presented is enough to sustain a finding of psychological incapacity, then actual medical examination of the person concerned need not be resorted to. In light of the foregoing, even if the expert opinions of psychologists are not conditions sine qua non in the granting of petitions for declaration of nullity of marriage, the actual medical examination of Dominic was to be dispensed with only if the totality of evidence presented was enough to support a finding of his psychological incapacity. This did not mean that the presentation of any form of medical or psychological evidence to show the psychological incapacity would have automatically ensured the granting of the petition for declaration of nullity of marriage. What was essential, we should emphasize herein, was the "presence of evidence that can adequately establish the partys psychological condition," as the Court said in Marcos. But where, like here, the parties had the full opportunity to present the professional and expert opinions of psychiatrists tracing the root cause, gravity and incurability of the alleged psychological incapacity, then the opinions should be presented and be weighed by the trial courts in order to determine and decide whether or not to declare the nullity of the marriages. It bears repeating that the trial courts, as in all the other cases they try, must always base their judgments not solely on the expert opinions presented by the parties but on the totality of evidence adduced in the course of their proceedings.23 We find the totality of the evidence adduced by petitioner insufficient to prove that Dominic was psychologically unfit to discharge the duties expected of him as a husband, and that he suffered from such psychological incapacity as of the date of the marriage. Accordingly, the CA did not err in dismissing the petition for declaration of nullity of marriage. We have time and again held that psychological incapacity should refer to no less than a mental, not physical, incapacity that causes a party to be truly incognitive of the basic marital covenants that must concomitantly be assumed and discharged by the parties to the marriage that, as so expressed by Article 68 of the Family Code, include their mutual obligations to live together, to observe love, respect and fidelity, and to render help and support. We have also held that the intendment of the law has been to confine the meaning of psychological incapacity to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage. To qualify as psychological incapacity as a ground for nullification of marriage, a persons psychological affliction must be grave and serious as to indicate an utter incapacity to comprehend and comply with the essential objects of marriage, including the rights and obligations between husband and wife. The affliction must be shown to exist at the time of marriage, and must be incurable. Accordingly, the RTCs findings that Dominics psychological incapacity was characterized by gravity, antecedence and incurability could not stand scrutiny. The medical report failed to show that his actions indicated a psychological affliction of such a grave or serious nature that it was medically or clinically rooted. His alleged immaturity, deceitfulness and lack of remorse for his dishonesty and lack of affection did not necessarily constitute psychological incapacity. His inability to share or to take responsibility or to feel remorse over his misbehavior or to share his earnings with family members, albeit indicative of immaturity, was not necessarily a medically rooted psychological affliction that was incurable. Emotional immaturity and irresponsibility did not equate with psychological

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incapacity.24 Nor were his supposed sexual infidelity and criminal offenses manifestations of psychological incapacity. If at all, they would constitute a ground only for an action for legal separation under Article 55 of the Family Code. Finally, petitioner contends that the Courts Resolution in A.M. No. 02-11-10 rendered appeals by the OSG no longer required, and that the appeal by the OSG was a mere superfluity that could be deemed to have become functus officio if not totally disregarded.25 The contention is grossly erroneous and unfounded. The Resolution nowhere stated that appeals by the OSG were no longer required. On the contrary, the Resolution explicitly required the OSG to actively participate in all stages of the proceedings, to wit: a) The petitioner shall serve a copy of the petition on the Office of the Solicitor General and the Office of the City or Provincial Prosecutor, within five days from the date of its filing and submit to the court proof of such service within the same period.26 b) The court may require the parties and the public prosecutor, in consultation with the Office of the Solicitor General, to file their respective memoranda support of their claims within fifteen days from the date the trial is terminated. It may require the Office of the Solicitor General to file its own memorandum if the case is of significant interest to the State. No other pleadings or papers may be submitted without leave of court. After the lapse of the period herein provided, the case will be considered submitted for decision, with or without the memoranda.27 c) The parties, including the Solicitor General and the public prosecutor, shall be served with copies of the decision personally or by registered mail. If the respondent summoned by publication failed to appear in the action, the dispositive part of the decision shall be published once in a newspaper of general circulation.28 d) The decision becomes final upon the expiration of fifteen days from notice to the parties.1wphi1 Entry of judgment shall be made if no motion for reconsideration or new trial, or appeal is filed by any of the parties, the public prosecutor, or the Solicitor General.29 e) An aggrieved party or the Solicitor General may appeal from the decision by filing a Notice of Appeal within fifteen days from notice of denial of the motion for reconsideration or new trial. The appellant shall serve a copy of the notice of appeal on the adverse parties.30 The obvious intent of the Resolution was to require the OSG to appear as counsel for the State in the capacity of a defensor vinculi (i.e., defender of the marital bond) to oppose petitions for, and to appeal judgments in favor of declarations of nullity of marriage under Article 36 of the Family Code, thereby ensuring that only the meritorious cases for the declaration of nullity of marriages based on psychological incapacity-those sufficiently evidenced by gravity, incurability and juridical antecedencewould succeed. WHEREFORE, the Court DENIES the petition for review on certiorari; and AFFIRMS the decision promulgated on March 19, 2003 in CA-G.R. CV No. 68615. The petitioner shall pay the costs of suit. SO ORDERED.

G.R. No. 159594

November 12, 2012

REPUBLIC OF THE PHILIPPINES, Petitioner, vs. THE HON. COURT OF APPEALS (NINTH DIVISION), AND EDUARDO C. DE QUINTOS, .JR., Respondents. DECISION BERSAMIN, J.: The State appeals the decision promulgated on July 30, 2003,1 whereby the Court of Appeals (CA) affirmed the declaration by the Regional Trial Court, Branch 38, in Lingayen, Pangasinan of the nullity of the marriage between respondent Eduardo De Quintos, Jr. (Eduardo) and Catalina Delos Santos-De Quintos (Catalina) based on the latter's psychological incapacity under Article 36 of the Family Code. We find the State's appeal to be meritorious. Hence, we uphold once again the validity of a marriage on the ground that the alleged psychological incapacity was not sufficiently established. Antecedents Eduardo and Catalina were married on March 16, 1977 in civil rites solemnized by the Municipal Mayor of Lingayen, Pangasinan.2 The couple was not blessed with a child due to Catalinas hysterectomy following her second miscarriage.3 On April 6, 1998, Eduardo filed a petition for the declaration of nullity of their marriage,4 citing Catalinas psychological incapacity to comply with her essential marital obligations. Catalina did not interpose any objection to the petition, but prayed to be given her share in the conjugal house and lot located in Bacabac, Bugallon, Pangasinan.5 After conducting an investigation, the public prosecutor determined that there was no collusion between Eduardo and Catalina.6 Eduardo testified that Catalina always left their house without his consent; that she engaged in petty arguments with him; that she constantly refused to give in to his sexual needs; that she spent most of her time gossiping with neighbors instead of doing the household chores and caring for their adopted daughter; that she squandered by gambling all his remittances as an overseas worker in Qatar since 1993; and that she abandoned the conjugal home in 1997 to live with Bobbie Castro, her paramour.7 Eduardo presented the results of the neuro-psychiatric evaluation conducted by Dr. Annabelle L. Reyes, a psychiatrist. Based on the tests she administered on Catalina,8 Dr. Reyes opined that Catalina exhibited traits of Borderline Personality Disorder that was no longer treatable. Dr. Reyes found that Catalinas disorder was mainly characterized by her immaturity that rendered her psychologically incapacitated to meet her marital obligations.9 Catalina did not appear during trial but submitted her Answer/Manifestation,10 whereby she admitted her psychological incapacity, but denied leaving the conjugal home without Eduardos consent and flirting with different men. She insisted that she had only one live-in partner; and that she would not give up her share in the conjugal residence because she intended to live there or to receive her share should the residence be sold.11 Ruling of the RTC The RTC granted the petition on August 9, 2000, decreeing: WHEREFORE, in view of all the foregoing considerations, this Honorable Court finds for the plaintiff and judgment is hereby rendered:

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1. Declaring the marriage between Eduardo C. de Quintos and Catalina delos Santos de Quintos, a nullity under Article 36 of the Family Code, as amended. 2. Ordering the Municipal Civil Registrar of Lingayen,Pangasinan to cancel the marriage of the parties from the Civil Register of Lingayen, Pangasinan in accordance with this decision. SO ORDERED.12 The RTC ruled that Catalinas infidelity, her spending more time with friends rather than with her family, and her incessant gambling constituted psychological incapacity that affected her duty to comply with the essential obligations of marriage. It held that considering that the matter of determining whether a party was psychologically incapacitated was best left to experts like Dr. Reyes, the results of the neuro-psychiatric evaluation by Dr. Reyes was the best evidence of Catalinas psychological incapacity.13 Ruling of the CA On appeal, the State raised the lone error that: THE LOWER COURT ERRED IN DECLARING THE PARTIES MARRIAGE NULL AND VOID, DEFENDANT CATALINA DELOS SANTOS-DE QUINTOS PSYCHOLOGICAL INCAPACITY NOT HAVING BEEN PROVEN TO EXIST. On July 30, 2003, the CA promulgated its decision affirming the judgment of the RTC. The CA concluded that Eduardo proved Catalinas psychological incapacity, observing that the results of the neuro-psychiatric evaluation conducted by Dr. Reyes showed that Catalina had been "mentally or physically ill to the extent that she could not have known her marital obligations;" and that Catalinas psychological incapacity had been medically identified, sufficiently proven, duly alleged in the complaint and clearly explained by the trial court. Issue In this appeal, the State, through the Office of the Solicitor General (OSG), urges that the CA gravely erred because: I THERE IS NO SHOWING THAT CATALINAS ALLEGED PERSONALITY TRAITS ARE CONSTITUTIVE OF PSYCHOLOGICAL INCAPACITY EXISTING AT THE TIME OF MARRIAGE CELEBRATION; NOR ARE THEY OF THE NATURE CONTEMPLATED BY ARTICLE 36 OF THE FAMILY CODE. II MARITAL UNFAITHFULNESS OF THE [sic] CATALINA WAS NOT SHOWN TO BE A SYMPTOM OF PSYCHOLOGICAL INCAPACITY. III ABANDONMENT OF ONES FAMILY IS ONLY A GROUND FOR LEGAL SEPARATION. IV GAMBLING HABIT OF CATALINA NOT LIKEWISE ESTABLISHED TO BE A SYMPTOM OF PSYCHOLOGICAL INCAPACITY.

V THE NEUROPSYCHIATRIC EVALUATION AND TESTIMONY OF DR. ANNABELLE REYES FAILED TO ESTABLISH THE CAUSE OF CATALINAS INCAPACITY AND PROVE THAT IT EXISTED AT THE INCEPTION OF MARRIAGE, IS GRAVE AND INCURABLE.14 The OSG argues that the findings and conclusions of the RTC and the CA did not conform to the guidelines laid down by the Court in Republic v. Court of Appeals, (Molina);15 and that Catalinas refusal to do household chores, and her failure to take care of her husband and their adopted daughter were not "defects" of a psychological nature warranting the declaration of nullity of their marriage, but mere indications of her difficulty, refusal or neglect to perform her marital obligations. The OSG further argues that Catalinas infidelity, gambling habits and abandonment of the conjugal home were not grounds under Article 36 of the Family Code; that there was no proof that her infidelity and gambling had occurred prior to the marriage, while her abandonment would only be a ground for legal separation under Article 55(10) of the Family Code; that the neuropsychiatric evaluation by Dr. Reyes did not sufficiently establish Catalinas psychological incapacity; that Dr. Reyes was not shown to have exerted effort to look into Catalinas past life, attitudes, habits and character as to be able to explain her alleged psychological incapacity; that there was not even a finding of the root cause of her alleged psychological incapacity; and that there appeared to be a collusion between the parties inasmuch as Eduardo admitted during the trial that he had given P50,000.00 to Catalina in exchange for her non-appearance in the trial. The OSG postulated that Catalinas unsupportive in-laws and Eduardos overseas deployment that had required him to be away most of the time created the strain in the couples relationship and forced her to seek her friends emotional support and company; and that her ambivalent attitude towards their adopted daughter was attributable to her inability to bear children of her own. Issue The issue is whether there was sufficient evidence warranting the declaration of the nullity of Catalinas marriage to Eduardo based on her psychological incapacity under Article 36 of the Family Code. Ruling We grant the petition for review. Psychological incapacity under Article 36 of the Family Code contemplates an incapacity or inability to take cognizance of and to assume basic marital obligations, and is not merely the difficulty, refusal, or neglect in the performance of marital obligations or ill will. It consists of: (a) a true inability to commit oneself to the essentials of marriage; (b) the inability must refer to the essential obligations of marriage, that is, the conjugal act, the community of life and love, the rendering of mutual help, and the procreation and education of offspring; and (c) the inability must be tantamount to a psychological abnormality. Proving that a spouse failed to meet his or her responsibility and duty as a married person is not enough; it is essential that he or she must be shown to be incapable of doing so due to some psychological illness.16 In Santos v. Court of Appeals,17 we decreed that psychological incapacity should refer to a mental incapacity that causes a party to be truly incognitive of the basic marital covenants such as those enumerated in Article 68 of the Family Code and must be characterized by gravity, juridical antecedence and incurability. In an effort to settle the confusion that may arise in deciding cases involving nullity of marriage on the ground of psychological incapacity, we then laid down the following guidelines in the later ruling in Molina,18 viz:

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(1) The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity. x x x. xxxx (2) The root cause of the psychological incapacity must be (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision. Article 36 of the Family Code requires that the incapacity must be psychological not physical, although its manifestations and/or symptoms may be physical. x x x. xxxx (3) The incapacity must be proven to be existing at "the time of the celebration" of the marriage. x x x. xxxx (4) Such incapacity must also be shown to be medically or clinically permanent or incurable. x x x. xxxx (5) Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage. Thus, "mild characteriological peculiarities, mood changes, occasional emotional outbursts" cannot be accepted as root causes. x x x. xxxx (6) The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the same Code in regard to parents and their children. Such non-complied marital obligation(s) must also be stated in the petition, proven by evidence and included in the text of the decision. (7) Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts. x x x. xxxx (8) The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state. x x x.19 The foregoing pronouncements in Santos and Molina have remained as the precedential guides in deciding cases grounded on the psychological incapacity of a spouse. But the Court has declared the existence or absence of the psychological incapacity based strictly on the facts of each case and not on a priori assumptions, predilections or generalizations.20 Indeed, the incapacity should be established by the totality of evidence presented during trial,21making it incumbent upon the petitioner to sufficiently prove the existence of the psychological incapacity.22 Eduardo defends the rulings of the RTC and the CA, insisting that they thereby explained the gravity and severity of Catalinas psychological incapacity that had existed even prior to the celebration of their marriage.23 We are not convinced. Both lower courts did not exact a compliance with the requirement of sufficiently explaining the gravity, root cause and incurability of Catalinas purported

psychological incapacity. Rather, they were liberal in their appreciation of the scanty evidence that Eduardo submitted to establish the incapacity. To start with, Catalinas supposed behavior (i.e., her frequent gossiping with neighbors, leaving the house without Eduardos consent, refusal to do the household chores and to take care of their adopted daughter, and gambling), were not even established. Eduardo presented no other witnesses to corroborate his allegations on such behavior. At best, his testimony was self-serving and would have no serious value as evidence upon such a serious matter that was submitted to a court of law. Secondly, both lower courts noticeably relied heavily on the results of the neuro-psychological evaluation by Dr. Reyes despite the paucity of factual foundation to support the claim of Catalinas psychological incapacity. In particular, they relied on the following portion of the report of Dr. Reyes, to wit: REMARKS AND RECOMMENDATIONS: Catalina is exhibiting traits of a borderline personality. This is characterized, mainly by immaturity in several aspects of the personality. One aspect is in the area of personal relationships, where a person cannot really come up with what is expected in a relationship that involves commitments. They are generally in and out of relationships, as they do not have the patience to sustain this [sic] ties. Their behavior is like that of a child who has to be attended to as they might end up doing things which are often regrettable. These people however usually do not feel remorse for their wrongdoings. They do not seem to learn from their mistakes, and they have the habit of repeating these mistakes to the detriment of their own lives and that of their families. Owing to these characteristics, people with these pattern of traits cannot be expected to have lasting and successful relationships as required in marriage. It is expected that even with future relationships, things will not work out. Families of these people usually reveal that parents relationship are not also that ideal. If this be the background of the developing child, it is likely that his or her relationships would also end up as such. xxxx With all these collateral information being considered and a longitudinal history of defendant made, it is being concluded that she was not able to come up with the minimum expected of her as a wife. Her behavior and attitude before and after the marriage is highly indicative of a very immature and childish person, rendering her psychologically incapacitated to live up and meet the responsibilities required in a commitment like marriage. Catalina miserably failed to fulfill her role as wife and mother, rendering her incapacitated to comply with her duties inherent in marriage. In the same vein, it cannot be expected that this attitude and behavior of defendant will still change because her traits have developed through the years and already ingrained within her.24 Yet, the report was ostensibly vague about the root cause, gravity and incurability of Catalinas supposed psychological incapacity. Nor was the testimony given in court by Dr. Reyes a source of vital information that the report missed out on. Aside from rendering a brief and general description of the symptoms of borderline personality disorder, both the report and court testimony of Dr. Reyes tendered no explanation on the root cause that could have brought about such behavior on the part of Catalina. They did not specify which of Catalinas various acts or omissions typified the conduct of a person with borderline personality, and did not also discuss the gravity of her behavior that translated to her inability to perform her basic marital duties. Dr. Reyes only established that Catalina was childish and immature, and that her childishness and immaturity could no longer be treated due to her having already reached an age "beyond maturity."25

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Thirdly, we have said that the expert evidence presented in cases of declaration of nullity of marriage based on psychological incapacity presupposes a thorough and in-depth assessment of the parties by the psychologist or expert to make a conclusive diagnosis of a grave, severe and incurable presence of psychological incapacity.26We have explained this need in Lim v. Sta. Cruz-Lim,27 stating: The expert opinion of a psychiatrist arrived at after a maximum of seven (7) hours of interview, and unsupported by separate psychological tests, cannot tie the hands of the trial court and prevent it from making its own factual finding on what happened in this case. The probative force of the testimony of an expert does not lie in a mere statement of his theory or opinion, but rather in the assistance that he can render to the courts in showing the facts that serve as a basis for his criterion and the reasons upon which the logic of his conclusion is founded.28 But Dr. Reyes had only one interview with Catalina, and did not personally seek out and meet with other persons, aside from Eduardo, who could have shed light on and established the conduct of the spouses before and during the marriage. For that reason, Dr. Reyes report lacked depth and objectivity, a weakness that removed the necessary support for the conclusion that the RTC and the CA reached about Catalinas psychological incapacity to perform her marital duties. Under the circumstances, the report and court testimony by Dr. Reyes did not present the gravity and incurability of Catalinas psychological incapacity. There was, to start with, no evidence showing the root cause of her alleged borderline personality disorder and that such disorder had existed prior to her marriage. We have repeatedly pronounced that the root cause of the psychological incapacity must be identified as a psychological illness, with its incapacitating nature fully explained and established by the totality of the evidence presented during trial.29 What we can gather from the scant evidence that Eduardo adduced was Catalinas immaturity and apparent refusal to perform her marital obligations. However, her immaturity alone did not constitute psychological incapacity.30 To rule that such immaturity amounted to psychological incapacity, it must be shown that the immature acts were manifestations of a disordered personality that made the spouse completely unable to discharge the essential obligations of the marital state, which inability was merely due to her youth or immaturity.31 Fourthly, we held in Suazo v. Suazo32 that there must be proof of a natal or supervening disabling factor that effectively incapacitated the respondent spouse from complying with the basic marital obligations, viz: It is not enough that the respondent, alleged to be psychologically incapacitated, had difficulty in complying with his marital obligations, or was unwilling to perform these obligations. Proof of a natal or supervening disabling factor an adverse integral element in the respondents personality structure that effectively incapacitated him from complying with his essential marital obligations must be shown. Mere difficulty, refusal or neglect in the performance of marital obligations or ill will on the part of the spouse is different from incapacity rooted in some debilitating psychological condition or illness; irreconcilable differences, sexual infidelity or perversion, emotional immaturity and irresponsibility and the like, do not by themselves warrant a finding of psychological incapacity under Article 36, as the same may only be due to a persons refusal or unwillingness to assume the essential obligations of marriage. The only fact established here, which Catalina even admitted in her Answer, was her abandonment of the conjugal home to live with another man. Yet, abandonment was not one of the grounds for the nullity of marriage under the Family Code. It did not also constitute psychological incapacity, it being instead a ground for legal separation under Article 55(10) of the Family Code. On the other hand, her sexual infidelity was not a valid ground for the nullity of marriage under Article 36 of the Family Code,

considering that there should be a showing that such marital infidelity was a manifestation of a disordered personality that made her completely unable to discharge the essential obligations of marriage.33 Needless to state, Eduardo did not adduce such evidence, rendering even his claim of her infidelity bereft of factual and legal basis. Lastly, we do not concur with the assertion by the OSG that Eduardo colluded with Catalina. The assertion was based on his admission during trial that he had paid her the amount of P50,000.00 as her share in the conjugal home in order to convince her not to oppose his petition or to bring any action on her part,34 to wit: CROSS-EXAMINATION BY FISCAL MUERONG Q Mr. de Quintos, also during the first part of the hearing, your wife, the herein defendant, Catalina delos Santos-de Quintos, has been religiously attending the hearing, but lately, I noticed that she is no longer attending and represented by counsel, did you talk to your wife? A No, sir. Q And you find it more convenient that it would be better for both of you, if, she will not attend the hearing of this case you filed against her, is it not? A No, sir. I did not. Q But, am I correct, Mr. de Quintos, that you and your wife had an agreement regarding this case? A None, sir. Q And you were telling me something about an agreement that you will pay her an amount of P50,000.00, please tell us, what is that agreement that you have to pay her P50,000.00? A Regarding our conjugal properties, sir. Q Why, do you have conjugal properties that you both or acquired at the time of your marriage? A Yes, sir. Q And why did you agree that you have to give her P50,000.00? A It is because we bought a lot and constructed a house thereat, that is why I agreed, sir. Q Is it not a fact, Mr. witness, that your wife does not oppose this petition for declaration of marriage which you filed against her? A She does not opposed [sic], sir. Q As a matter of fact, the only thing that she is concern [sic] about this case is the division of your conjugal properties? A Yes, sir. Q That is why you also agreed to give her P50,000.00 as her share of your conjugal properties, so that she will not pursue whatever she wanted to pursue with regards to the case you filed against her, is that correct? A Yes, sir. Q And you already gave her that amount of P50,000.00, Mr. witness? A Yes, sir.

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Q And because she has already gotten her share of P50,000.00 that is the reason why she is no longer around here? A Yes sir, it could be.35 Verily, the payment to Catalina could not be a manifest sign of a collusion between her and Eduardo.1wphi1 To recall, she did not interpose her objection to the petition to the point of conceding her psychological incapacity, but she nonetheless made it clear enough that she was unwilling to forego her share in the conjugal house. The probability that Eduardo willingly gave her the amount of P50,000.00 as her share in the conjugal asset out of his recognition of her unquestionable legal entitlement to such share was very high, so that whether or not he did so also to encourage her to stick to her previously announced stance of not opposing the petition for nullity of the marriage should by no means be of any consequence in determining the issue of collusion between the spouses. In fine, given the insufficiency of the evidence proving the psychological incapacity of Catalina, we cannot but resolve in favor of the existence and continuation of the marriage and against its dissolution and nullity.36 WHEREFORE, we GRANT the petition for review on certiorari; SET ASIDE the decision the Court of Appeals promulgated on July 30, 2003; and DISMISS the petition for the declaration of nullity of marriage filed under Article 36 of the Family Code for lack of merit. Costs to be paid by the respondent. SO ORDERED.

G.R. No. 170022

January 9, 2013

REPUBLIC OF THE PHILIPPINES, Petitioner, vs. CESAR ENCELAN, Respondent. DECISION BRION, J.: We resolve the petition for review on certiorari1 filed by petitioner Republic of the Philippines challenging the October 7, 2005 amended decision2 of the Court of Appeals (CA) that reconsidered its March 22, 2004 decision3(original decision) in CA-G.R. CV No. 75583. In its original decision, the CA set aside the June 5, 2002 decision4 of the Regional Trial Court (RTC) of Manila, Branch 47, in Civil Case No. 95-74257, which The Factual Antecedents On August 25, 1979, Cesar married Lolita5 and the union bore two children, Maricar and Manny.6 To support his family, Cesar went to work in Saudi Arabia on May 15, 1984. On June 12, 1986, Cesar, while still in Saudi Arabia, learned that Lolita had been having an illicit affair with Alvin Perez. Sometime in 1991,7 Lolita allegedly left the conjugal home with her children and lived with Alvin. Since then, Cesar and Lolita had been separated. On June 16, 1995, Cesar filed with the RTC a petition against Lolita for the declaration of the nullity of his marriage based on Lolitas psychological incapacity.8 Lolita denied that she had an affair with Alvin; she contended that Alvin used to be an associate in her promotions business. She insisted that she is not psychologically incapacitated and that she left their home because of irreconcilable differences with her mother-in-law.9 At the trial, Cesar affirmed his allegations of Lolitas infidelity and subsequent abandonment of the family home.10He testified that he continued to provide financial support for Lolita and their children even after he learned of her illicit affair with Alvin.11 Cesar presented the psychological evaluation report12 on Lolita prepared by Dr. Fareda Fatima Flores of the National Center for Mental Health. Dr. Flores found that Lolita was "not suffering from any form of major psychiatric illness,"13 but had been "unable to provide the expectations expected of her for a good and lasting marital relationship";14 her "transferring from one job to the other depicts some interpersonal problems with coworkers as well as her impatience in attaining her ambitions";15 and "her refusal to go with her husband abroad signifies her reluctance to work out a good marital and family relationship."16 The RTC Ruling In its June 5, 2002 decision,17 the RTC declared Cesars marriage to Lolita void, finding sufficient basis to declare Lolita psychologically incapacitated to comply with the essential marital obligations. The petitioner, through the Office of the Solicitor General (OSG), appealed to the CA. The CA Ruling The CA originally18 set aside the RTCs verdict, finding that Lolitas abandonment of the conjugal dwelling and infidelity were not serious cases of personality disorder/psychological illness. Lolita merely refused to comply with her marital obligations which she was capable of doing. The CA significantly observed that infidelity is only a ground for legal separation, not for the declaration of the nullity of a marriage.

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Cesar sought reconsideration19 of the CAs decision and, in due course, attained his objective. The CA set aside its original decision and entered another, which affirmed the RTCs decision. In its amended decision,20 the CA found two circumstances indicative of Lolitas serious psychological incapacity that resulted in her gross infidelity: (1) Lolitas unwarranted refusal to perform her marital obligations to Cesar; and (2) Lolitas willful and deliberate act of abandoning the conjugal dwelling. The OSG then filed the present petition. The Petition The OSG argues that Dr. Flores psychological evaluation report did not disclose that Lolita had been suffering from a psychological illness nor did it establish its juridical antecedence, gravity and incurability; infidelity and abandonment do not constitute psychological incapacity, but are merely grounds for legal separation. The Case for the Respondent Cesar submits that Lolitas infidelity and refusal to perform her marital obligations established her grave and incurable psychological incapacity. The Issue The case presents to us the legal issue of whether there exists sufficient basis to nullify Cesars marriage to Lolita on the ground of psychological incapacity. The Courts Ruling We grant the petition. No sufficient basis exists to annul Cesars marriage to Lolita on the ground of psychological incapacity. Applicable Law and Jurisprudence on Psychological Incapacity Article 36 of the Family Code governs psychological incapacity as a ground for declaration of nullity of marriage. It provides that "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." In interpreting this provision, we have repeatedly stressed that psychological incapacity contemplates "downright incapacity or inability to take cognizance of and to assume the basic marital obligations";21 not merely the refusal, neglect or difficulty, much less ill will, on the part of the errant spouse.22 The plaintiff bears the burden of proving the juridical antecedence (i.e., the existence at the time of the celebration of marriage), gravity and incurability of the condition of the errant spouse.23 Cesar failed to prove Lolitas psychological incapacity In this case, Cesars testimony failed to prove Lolitas alleged psychological incapacity. Cesar testified on the dates when he learned of Lolitas alleged affair and her subsequent abandonment of their home,24 as well as his continued financial support to her and their children even after he learned of the affair,25 but he merely mentioned in passing Lolitas alleged affair with Alvin and her abandonment of the conjugal dwelling. In any event, sexual infidelity and abandonment of the conjugal dwelling, even if true, do not necessarily constitute psychological incapacity; these are simply grounds for legal separation.26 To constitute psychological incapacity, it must be shown that the unfaithfulness and abandonment are manifestations of a disordered personality that completely prevented the erring

spouse from discharging the essential marital obligations.27 No evidence on record exists to support Cesars allegation that Lolitas infidelity and abandonment were manifestations of any psychological illness. Cesar mistakenly relied on Dr. Flores psychological evaluation report on Lolita to prove her alleged psychological incapacity. The psychological evaluation, in fact, established that Lolita did not suffer from any major psychiatric illness.28 Dr. Flores observation on Lolitas interpersonal problems with coworkers,29 to our mind, does not suffice as a consideration for the conclusion that she was at the time of her marriage psychologically incapacitated to enter into a marital union with Cesar. Aside from the time element involved, a wifes psychological fitness as a spouse cannot simply be equated with her professional/work relationship; workplace obligations and responsibilities are poles apart from their marital counterparts. While both spring from human relationship, their relatedness and relevance to one another should be fully established for them to be compared or to serve as measures of comparison with one another. To be sure, the evaluation report Dr. Flores prepared and submitted cannot serve this purpose. Dr. Flores further belief that Lolitas refusal to go with Cesar abroad signified a reluctance to work out a good marital relationship30 is a mere generalization unsupported by facts and is, in fact, a rash conclusion that this Court cannot support. In sum, we find that Cesar failed to prove the existence of Lolitas psychological incapacity; thus, the CA committed a reversible error when it reconsidered its original decision.1wphi1 Once again, we stress that marriage is an inviolable social institution31 protected by the State. Any doubt should be resolved in favor of its existence its existence and continuation and against its dissolution and nullity.32 It cannot be dissolved at the whim of the parties nor by transgressions made by one party to the other during the marriage. WHEREFORE, we GRANT the petition and SET ASIDE the October 7, 2005 amended decision of the Court of Appeals in CA-G.R. CV No. 75583. Accordingly, we DISMISS respondent Cesar Encelan's petition for declaration of nullity of his marriage to Lolita Castillo-Encelan. Costs against the respondent. SO ORDERED.

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G.R. No. 104818 September 17, 1993 ROBERTO DOMINGO, petitioner, vs. COURT OF APPEALS and DELIA SOLEDAD AVERA represented by her Attorney-in-Fact MOISES R. AVERA,respondents. Jose P.O. Aliling IV for petitioner. De Guzman, Meneses & Associates for private respondent. ROMERO, J.: The instant petition seeks the reversal of respondent court's ruling finding no grave abuse of discretion in the lower court's order denying petitioner's motion to dismiss the petition for declaration of nullity of marriage and separation of property. On May 29, 1991, private respondent Delia Soledad A. Domingo filed a petition before the Regional Trial Court of Pasig entitled "Declaration of Nullity of Marriage and Separation of Property" against petitioner Roberto Domingo. The petition which was docketed as Special Proceedings No. 1989-J alleged among others that: they were married on November 29, 1976 at the YMCA Youth Center Bldg., as evidenced by a Marriage Contract Registry No. 1277K-76 with Marriage License No. 4999036 issued at Carmona, Cavite; unknown to her, he had a previous marriage with one Emerlina dela Paz on April 25, 1969 which marriage is valid and still existing; she came to know of the prior marriage only sometime in 1983 when Emerlina dela Paz sued them for bigamy; from January 23 1979 up to the present, she has been working in Saudi Arabia and she used to come to the Philippines only when she would avail of the one-month annual vacation leave granted by her foreign employer since 1983 up to the present, he has been unemployed and completely dependent upon her for support and subsistence; out of her personal earnings, she purchased real and personal properties with a total amount of approximately P350,000.00, which are under the possession and administration of Roberto; sometime in June 1989, while on her one-month vacation, she discovered that he was cohabiting with another woman; she further discovered that he had been disposing of some of her properties without her knowledge or consent; she confronted him about this and thereafter appointed her brother Moises R. Avera as her attorney-in-fact to take care of her properties; he failed and refused to turn over the possession and administration of said properties to her brother/attorney-in-fact; and he is not authorized to administer and possess the same on account of the nullity of their marriage. The petition prayed that a temporary restraining order or a writ of preliminary injunction be issued enjoining Roberto from exercising any act of administration and ownership over said properties; their marriage be declared null and void and of no force and effect; and Delia Soledad be declared the sole and exclusive owner of all properties acquired at the time of their void marriage and such properties be placed under the proper management and administration of the attorney-infact. Petitioner filed a Motion to Dismiss on the ground that the petition stated no cause of action. The marriage being void ab initio, the petition for the declaration of its nullity is, therefore, superfluous and unnecessary. It added that private respondent has no property which is in his possession. On August 20, 1991, Judge Maria Alicia M. Austria issued an Order denying the motion to dismiss for lack of merit. She explained: Movant argues that a second marriage contracted after a first marriage by a man with another woman is illegal and void (citing the case of Yap v. Court of Appeals, 145 SCRA 229) and no judicial decree is necessary to establish the invalidity of a void marriage (citing the cases of People v. Aragon, 100 Phil. 1033;

People v. Mendoza, 95 Phil. 845). Indeed, under the Yap case there is no dispute that the second marriage contracted by respondent with herein petitioner after a first marriage with another woman is illegal and void. However, as to whether or not the second marriage should first be judicially declared a nullity is not an issue in said case. In the case of Vda. de Consuegra v. GSIS, the Supreme Court ruled in explicit terms, thus: And with respect to the right of the second wife, this Court observed that although the second marriage can be presumed to be void ab initio as it was celebrated while the first marriage was still subsisting, still there is need for judicial declaration of its nullity. (37 SCRA 316, 326) The above ruling which is of later vintage deviated from the previous rulings of the Supreme Court in the aforecited cases of Aragon and Mendoza. Finally, the contention of respondent movant that petitioner has no property in his possession is an issue that may be determined only after trial on the merits. 1 A motion for reconsideration was filed stressing the erroneous application of Vda. de Consuegra v. GSIS 2 and the absence of justiciable controversy as to the nullity of the marriage. On September 11, 1991, Judge Austria denied the motion for reconsideration and gave petitioner fifteen (15) days from receipt within which to file his answer. Instead of filing the required answer, petitioner filed a special civil action of certiorari and mandamus on the ground that the lower court acted with grave abuse of discretion amounting to lack of jurisdiction in denying the motion to dismiss. On February 7, 1992, the Court of Appeals 3 dismissed the petition. It explained that the case of Yap v. CA 4 cited by petitioner and that of Consuegra v. GSIS relied upon by the lower court do not have relevance in the case at bar, there being no identity of facts because these cases dealt with the successional rights of the second wife while the instant case prays for separation of property corollary with the declaration of nullity of marriage. It observed that the separation and subsequent distribution of the properties acquired during the union can be had only upon proper determination of the status of the marital relationship between said parties, whether or not the validity of the first marriage is denied by petitioner. Furthermore, in order to avoid duplication and multiplicity of suits, the declaration of nullity of marriage may be invoked in this proceeding together with the partition and distribution of the properties involved. Citing Articles 48, 50 and 52 of the Family Code, it held that private respondent's prayer for declaration of absolute nullity of their marriage may be raised together with other incidents of their marriage such as the separation of their properties. Lastly, it noted that since the Court has jurisdiction, the alleged error in refusing to grant the motion to dismiss is merely one of law for which the remedy ordinarily would have been to file an answer, proceed with the trial and in case of an adverse decision, reiterate the issue on appeal. The motion for reconsideration was subsequently denied for lack of merit. 5

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Hence, this petition. The two basic issues confronting the Court in the instant case are the following. First, whether or not a petition for judicial declaration of a void marriage is necessary. If in the affirmative, whether the same should be filed only for purposes of remarriage. Second, whether or not SP No. 1989-J is the proper remedy of private respondent to recover certain real and personal properties allegedly belonging to her exclusively. Petitioner, invoking the ruling in People v. Aragon 6 and People v. Mendoza, 7 contends that SP. No. 1989-J for Declaration of Nullity of Marriage and Separation of Property filed by private respondent must be dismissed for being unnecessary and superfluous. Furthermore, under his own interpretation of Article 40 of the Family Code, he submits that a petition for declaration of absolute nullity of marriage is required only for purposes of remarriage. Since the petition in SP No. 1989-J contains no allegation of private respondent's intention to remarry, said petition should therefore, be dismissed. On the other hand, private respondent insists on the necessity of a judicial declaration of the nullity of their marriage, not for purposes of remarriage, but in order to provide a basis for the separation and distribution of the properties acquired during coverture. There is no question that the marriage of petitioner and private respondent celebrated while the former's previous marriage with one Emerlina de la Paz was still subsisting, is bigamous. As such, it is from the beginning. 8Petitioner himself does not dispute the absolute nullity of their marriage. 9 The cases of People v. Aragon and People v. Mendoza relied upon by petitioner are cases where the Court had earlier ruled that no judicial decree is necessary to establish the invalidity of a void, bigamous marriage. It is noteworthy to observe that Justice Alex Reyes, however, dissented on these occasions stating that: Though the logician may say that where the former marriage was void there would be nothing to dissolve, still it is not for the spouses to judge whether that marriage was void or not. That judgment is reserved to the courts. . . . 10 This dissenting opinion was adopted as the majority position in subsequent cases involving the same issue. Thus, in Gomez v. Lipana, 11 the Court abandoned its earlier ruling in the Aragon and Mendoza cases. In reversing the lower court's order forfeiting the husband's share of the disputed property acquired during the second marriage, the Court stated that "if the nullity, or annulment of the marriage is the basis for the application of Article 1417, there is need for a judicial declaration thereof, which of course contemplates an action for that purpose." Citing Gomez v. Lipana, the Court subsequently held in Vda. de Consuegra v. Government Service Insurance System, that "although the second marriage can be presumed to be void ab initio as it was celebrated while the first marriage was still subsisting, still there is need for judicial declaration of such nullity." In Tolentino v. Paras, 12 however, the Court turned around and applied the Aragon and Mendoza ruling once again. In granting the prayer of the first wife asking for a declaration as the lawful surviving spouse and the correction of the death certificate of her deceased husband, it explained that "(t)he second marriage that he contracted with private respondent during the lifetime of his first spouse is null and void from the beginning and of no force and effect. No judicial decree is necessary to establish the invalidity of a void marriage."

However, in the more recent case of Wiegel v. Sempio-Diy 13 the Court reverted to the Consuegra case and held that there was "no need of introducing evidence about the existing prior marriage of her first husband at the time they married each other, for then such a marriage though void still needs according to this Court a judicial declaration of such fact and for all legal intents and purposes she would still be regarded as a married woman at the time she contracted her marriage with respondent Karl Heinz Wiegel." Came the Family Code which settled once and for all the conflicting jurisprudence on the matter. A declaration of the absolute nullity of a marriage is now explicitly required either as a cause of action or a ground for defense. 14Where the absolute nullity of a previous marriage is sought to be invoked for purposes of contracting a second marriage, the sole basis acceptable in law for said projected marriage be free from legal infirmity is a final judgment declaring the previous marriage void. 15 The Family Law Revision Committee and the Civil Code Revision Committee 16 which drafted what is now the Family Code of the Philippines took the position that parties to a marriage should not be allowed to assume that their marriage is void even if such be the fact but must first secure a judicial declaration of the nullity of their marriage before they can be allowed to marry again. This is borne out by the following minutes of the 152nd Joint Meeting of the Civil Code and Family Law Committees where the present Article 40, then Art. 39, was discussed. B. Article 39. The absolute nullity of a marriage may be invoked only on the basis of a final judgment declaring the marriage void, except as provided in Article 41. Justice Caguioa remarked that the above provision should include not only void but also voidable marriages. He then suggested that the above provision be modified as follows: The validity of a marriage may be invoked only . . . Justice Reyes (J.B.L. Reyes), however, proposed that they say: The validity or invalidity of a marriage may be invoked only . . . On the other hand, Justice Puno suggested that they say: The invalidity of a marriage may be invoked only . . . Justice Caguioa explained that his idea is that one cannot determine for himself whether or not his marriage is valid and that a court action is needed. Justice Puno accordingly proposed that the provision be modified to read: The invalidity of a marriage may be invoked only on the basis of a final judgment annulling the marriage or declaring the marriage void, except as provided in Article 41. Justice Caguioa remarked that in annulment, there is no question. Justice Puno, however,

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pointed out that, even if it is a judgment of annulment, they still have to produce the judgment. Justice Caguioa suggested that they say: The invalidity of a marriage may be invoked only on the basis of a final judgment declaring the marriage invalid, except as provided in Article 41. Justice Puno raised the question: When a marriage is declared invalid, does it include the annulment of a marriage and the declaration that the marriage is void? Justice Caguioa replied in the affirmative. Dean Gupit added that in some judgments, even if the marriage is annulled, it is declared void. Justice Puno suggested that this matter be made clear in the provision. Prof. Baviera remarked that the original idea in the provision is to require first a judicial declaration of a void marriage and not annullable marriages, with which the other members concurred. Judge Diy added that annullable marriages are presumed valid until a direct action is filed to annul it, which the other members affirmed. Justice Puno remarked that if this is so, then the phrase "absolute nullity" can stand since it might result in confusion if they change the phrase to "invalidity" if what they are referring to in the provision is the declaration that the marriage is void. Prof. Bautista commented that they will be doing away with collateral defense as well as collateral attack. Justice Caguioa explained that the idea in the provision is that there should be a final judgment declaring the marriage void and a party should not declare for himself whether or not the marriage is void, while the other members affirmed. Justice Caguioa added that they are, therefore, trying to avoid a collateral attack on that point. Prof. Bautista stated that there are actions which are brought on the assumption that the marriage is valid. He then asked: Are they depriving one of the right to raise the defense that he has no liability because the basis of the liability is void? Prof. Bautista added that they cannot say that there will be no judgment on the validity or invalidity of the marriage because it will be taken up in the same proceeding. It will not be a unilateral declaration that, it is a void marriage. Justice Caguioa saw the point of Prof. Bautista and suggested that they limit the provision to remarriage. He then proposed that Article 39 be reworded as follows: The absolute nullity of a marriage for purposes of remarriage may be invoked only on the basis of final judgment . . . Justice Puno suggested that the above be modified as follows: The absolute nullity of a previous marriage may be invoked for purposes of

establishing the validity of a subsequent marriage only on the basis of a final judgment declaring such previous marriage void, except as provided in Article 41. Justice Puno later modified the above as follows: For the purpose of establishing the validity of a subsequent marriage, the absolute nullity of a previous marriage may only be invoked on the basis of a final judgment declaring such nullity, except as provided in Article 41. Justice Caguioa commented that the above provision is too broad and will not solve the objection of Prof. Bautista. He proposed that they say: For the purpose of entering into a subsequent marriage, the absolute nullity of a previous marriage may only be invoked on the basis of a final judgment declaring such nullity, except as provided in Article 41. Justice Caguioa explained that the idea in the above provision is that if one enters into a subsequent marriage without obtaining a final judgment declaring the nullity of a previous marriage, said subsequent marriage is void ab initio. After further deliberation, Justice Puno suggested that they go back to the original wording of the provision as follows: The absolute nullity of a previous marriage may be invoked for purposes of remarriage only on the basis of a final judgment declaring such previous marriage void, except as provided in Article 41.17 In fact, the requirement for a declaration of absolute nullity of a marriage is also for the protection of the spouse who, believing that his or her marriage is illegal and void, marries again. With the judicial declaration of the nullity of his or her first marriage, the person who marries again cannot be charged with bigamy. 18 Just over a year ago, the Court made the pronouncement that there is a necessity for a declaration of absolute nullity of a prior subsisting marriage before contracting another in the recent case of Terre v. Terre. 19 The Court, in turning down the defense of respondent Terre who was charged with grossly immoral conduct consisting of contracting a second marriage and living with another woman other than complainant while his prior marriage with the latter remained subsisting, said that "for purposes of determining whether a person is legally free to contract a second marriage, a judicial declaration that the first marriage was null and void ab initio is essential." As regards the necessity for a judicial declaration of absolute nullity of marriage, petitioner submits that the same can be maintained only if it is for the purpose of remarriage. Failure to

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allege this purpose, according to petitioner's theory, will warrant dismissal of the same. Article 40 of the Family Code provides: Art. 40. The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void. (n) Crucial to the proper interpretation of Article 40 is the position in the provision of the word "solely." As it is placed, the same shows that it is meant to qualify "final judgment declaring such previous marriage void." Realizing the need for careful craftsmanship in conveying the precise intent of the Committee members, the provision in question, as it finally emerged, did not state "The absolute nullity of a previous marriage may be invoked solely for purposes of remarriage . . .," in which case "solely" would clearly qualify the phrase "for purposes of remarriage." Had the phraseology been such, the interpretation of petitioner would have been correct and, that is, that the absolute nullity of a previous marriage may be invoked solely for purposes of remarriage, thus rendering irrelevant the clause "on the basis solely of a final judgment declaring such previous marriage void." That Article 40 as finally formulated included the significant clause denotes that such final judgment declaring the previous marriage void need not be obtained only for purposes of remarriage. Undoubtedly, one can conceive of other instances where a party might well invoke the absolute nullity of a previous marriage for purposes other than remarriage, such as in case of an action for liquidation, partition, distribution and separation of property between the erstwhile spouses, as well as an action for the custody and support of their common children and the delivery of the latters' presumptive legitimes. In such cases, evidence needs must be adduced, testimonial or documentary, to prove the existence of grounds rendering such a previous marriage an absolute nullity. These need not be limited solely to an earlier final judgment of a court declaring such previous marriage void. Hence, in the instance where a party who has previously contracted a marriage which remains subsisting desires to enter into another marriage which is legally unassailable, he is required by law to prove that the previous one was an absolute nullity. But this he may do on the basis solely of a final judgment declaring such previous marriage void. This leads us to the question: Why the distinction? In other words, for purposes of remarriage, why should the only legally acceptable basis for declaring a previous marriage an absolute nullity be a final judgment declaring such previous marriage void? Whereas, for purposes other than remarriage, other evidence is acceptable? Marriage, a sacrosanct institution, declared by the Constitution as an "inviolable social institution, is the foundation of the family;" as such, it "shall be protected by the State." 20 In more explicit terms, the Family Code characterizes it as "a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal, and family life." 21 So crucial are marriage and the family to the stability and peace of the nation that their "nature, consequences, and incidents are governed by law and not subject to stipulation . . ." 22 As a matter of policy, therefore, the nullification of a marriage for the purpose of contracting another cannot be accomplished merely on the basis of the perception of both parties or of one that their union is so defective with respect to the essential requisites of a contract of marriage as to render it void ipso jure and with no legal effect and nothing more. Were this so, this inviolable social institution would be reduced to a mockery and would rest on very shaky foundations indeed. And the grounds for nullifying marriage would be as diverse and farranging as human ingenuity and fancy could conceive. For such a social significant institution, an official state pronouncement through the courts, and nothing less, will satisfy the exacting norms of society. Not only would such an open and public declaration by the courts definitively confirm the nullity of the

contract of marriage, but the same would be easily verifiable through records accessible to everyone. That the law seeks to ensure that a prior marriage is no impediment to a second sought to be contracted by one of the parties may be gleaned from new information required in the Family Code to be included in the application for a marriage license, viz, "If previously married, how, when and where the previous marriage was dissolved and annulled." 23 Reverting to the case before us, petitioner's interpretation of Art. 40 of the Family Code is, undoubtedly, quite restrictive. Thus, his position that private respondent's failure to state in the petition that the same is filed to enable her to remarry will result in the dismissal of SP No. 1989-J is untenable. His misconstruction of Art. 40 resulting from the misplaced emphasis on the term "solely" was in fact anticipated by the members of the Committee. Dean Gupit commented the word "only" may be misconstrued to refer to "for purposes of remarriage." Judge Diy stated that "only" refers to "final judgment." Justice Puno suggested that they say "on the basis only of a final judgment." Prof. Baviera suggested that they use the legal term "solely" instead of "only," which the Committee approved. 24 (Emphasis supplied) Pursuing his previous argument that the declaration for absolute nullity of marriage is unnecessary, petitioner suggests that private respondent should have filed an ordinary civil action for the recovery of the properties alleged to have been acquired during their union. In such an eventuality, the lower court would not be acting as a mere special court but would be clothed with jurisdiction to rule on the issues of possession and ownership. In addition, he pointed out that there is actually nothing to separate or partition as the petition admits that all the properties were acquired with private respondent's money. The Court of Appeals disregarded this argument and concluded that "the prayer for declaration of absolute nullity of marriage may be raised together with the other incident of their marriage such as the separation of their properties." When a marriage is declared void ab initio, the law states that the final judgment therein shall provide for "the liquidation, partition and distribution of the properties of the spouses, the custody and support of the common children, and the delivery of their presumptive legitimes, unless such matters had been adjudicated in previous judicial proceedings." 25 Other specific effects flowing therefrom, in proper cases, are the following: Art. 43. xxx xxx xxx (2) The absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and liquidated, but if either spouse contracted said marriage in bad faith, his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or, if there are none, the children of the guilty spouse by a previous marriage or, in default of children, the innocent spouse; (3) Donations by reason of marriage shall remain valid, except that if the donee contracted the marriage in bad faith, such donations made to said donee are revoked by operation of law; (4) The innocent spouse may revoke the designation of the other spouse who acted in bad faith as a beneficiary in any insurance

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policy, even if such designation be stipulated as irrevocable; and (5) The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate and intestate succession. (n) Art. 44. If both spouses of the subsequent marriage acted in bad faith, said marriage shall be void ab initio and all donations by reason of marriage and testamentary disposition made by one in favor of the other are revoked by operation of law. (n) 26 Based on the foregoing provisions, private respondent's ultimate prayer for separation of property will simply be one of the necessary consequences of the judicial declaration of absolute nullity of their marriage. Thus, petitioner's suggestion that in order for their properties to be separated, an ordinary civil action has to be instituted for that purpose is baseless. The Family Code has clearly provided the effects of the declaration of nullity of marriage, one of which is the separation of property according to the regime of property relations governing them. It stands to reason that the lower court before whom the issue of nullity of a first marriage is brought is likewise clothed with jurisdiction to decide the incidental questions regarding the couple's properties. Accordingly, the respondent court committed no reversible error in finding that the lower court committed no grave abuse of discretion in denying petitioner's motion to dismiss SP No. 1989J. WHEREFORE, the instant petition is hereby DENIED. The decision of respondent Court dated February 7, 1992 and the Resolution dated March 20, 1992 are AFFIRMED. SO ORDERED.

A.M. No. MTJ-92-706 March 29, 1995 LUPO ALMODIEL ATIENZA, complainant, vs. JUDGE FRANCISCO F. BRILLANTES, JR., Metropolitan Trial Court, Branch 28, Manila, respondent.

QUIASON, J.: This is a complaint by Lupo A. Atienza for Gross Immorality and Appearance of Impropriety against Judge Francisco Brillantes, Jr., Presiding Judge of the Metropolitan Trial Court, Branch 20, Manila. Complainant alleges that he has two children with Yolanda De Castro, who are living together at No. 34 Galaxy Street, Bel-Air Subdivision, Makati, Metro Manila. He stays in said house, which he purchased in 1987, whenever he is in Manila. In December 1991, upon opening the door to his bedroom, he saw respondent sleeping on his (complainant's) bed. Upon inquiry, he was told by the houseboy that respondent had been cohabiting with De Castro. Complainant did not bother to wake up respondent and instead left the house after giving instructions to his houseboy to take care of his children. Thereafter, respondent prevented him from visiting his children and even alienated the affection of his children for him. Complainant claims that respondent is married to one Zenaida Ongkiko with whom he has five children, as appearing in his 1986 and 1991 sworn statements of assets and liabilities. Furthermore, he alleges that respondent caused his arrest on January 13, 1992, after he had a heated argument with De Castro inside the latter's office. For his part, respondent alleges that complainant was not married to De Castro and that the filing of the administrative action was related to complainant's claim on the Bel-Air residence, which was disputed by De Castro. Respondent denies that he caused complainant's arrest and claims that he was even a witness to the withdrawal of the complaint for Grave Slander filed by De Castro against complainant. According to him, it was the sister of De Castro who called the police to arrest complainant. Respondent also denies having been married to Ongkiko, although he admits having five children with her. He alleges that while he and Ongkiko went through a marriage ceremony before a Nueva Ecija town mayor on April 25, 1965, the same was not a valid marriage for lack of a marriage license. Upon the request of the parents of Ongkiko, respondent went through another marriage ceremony with her in Manila on June 5, 1965. Again, neither party applied for a marriage license. Ongkiko abandoned respondent 17 years ago, leaving their children to his care and custody as a single parent. Respondent claims that when he married De Castro in civil rites in Los Angeles, California on December 4, 1991, he believed, in all good faith and for all legal intents and purposes, that he was single because his first marriage was solemnized without a license. Under the Family Code, there must be a judicial declaration of the nullity of a previous marriage before a party thereto can enter into a second marriage. Article 40 of said Code provides: The absolute nullity of a previous marriage may be invoked for the purposes of remarriage on the basis solely of a final

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judgment declaring such previous marriage void. Respondent argues that the provision of Article 40 of the Family Code does not apply to him considering that his first marriage took place in 1965 and was governed by the Civil Code of the Philippines; while the second marriage took place in 1991 and governed by the Family Code. Article 40 is applicable to remarriages entered into after the effectivity of the Family Code on August 3, 1988 regardless of the date of the first marriage. Besides, under Article 256 of the Family Code, said Article is given "retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code or other laws." This is particularly true with Article 40, which is a rule of procedure. Respondent has not shown any vested right that was impaired by the application of Article 40 to his case. The fact that procedural statutes may somehow affect the litigants' rights may not preclude their retroactive application to pending actions. The retroactive application of procedural laws is not violative of any right of a person who may feel that he is adversely affected (Gregorio v. Court of Appeals, 26 SCRA 229 [1968]). The reason is that as a general rule no vested right may attach to, nor arise from, procedural laws (Billones v. Court of Industrial Relations, 14 SCRA 674 [1965]). Respondent is the last person allowed to invoke good faith. He made a mockery of the institution of marriage and employed deceit to be able to cohabit with a woman, who beget him five children. Respondent passed the Bar examinations in 1962 and was admitted to the practice of law in 1963. At the time he went through the two marriage ceremonies with Ongkiko, he was already a lawyer. Yet, he never secured any marriage license. Any law student would know that a marriage license is necessary before one can get married. Respondent was given an opportunity to correct the flaw in his first marriage when he and Ongkiko were married for the second time. His failure to secure a marriage license on these two occasions betrays his sinister motives and bad faith. It is evident that respondent failed to meet the standard of moral fitness for membership in the legal profession. While the deceit employed by respondent existed prior to his appointment as a Metropolitan Trial Judge, his immoral and illegal act of cohabiting with De Castro began and continued when he was already in the judiciary. The Code of Judicial Ethics mandates that the conduct of a judge must be free of a whiff of impropriety, not only with respect to his performance of his judicial duties but also as to his behavior as a private individual. There is no duality of morality. A public figure is also judged by his private life. A judge, in order to promote public confidence in the integrity and impartiality of the judiciary, must behave with propriety at all times, in the performance of his judicial duties and in his everyday life. These are judicial guideposts too self-evident to be overlooked. No position exacts a greater demand on moral righteousness and uprightness of an individual than a seat in the judiciary (Imbing v. Tiongzon, 229 SCRA 690 [1994]). WHEREFORE, respondent is DISMISSED from the service with forfeiture of all leave and retirement benefits and with prejudice to reappointment in any branch, instrumentality, or agency of the government, including government-owned and controlled corporations. This decision is immediately executory. SO ORDERED.

G.R. No. 137567

June 20, 2000

MEYNARDO L. BELTRAN, petitioner, vs. PEOPLE OF THE PHILIPPINES, and HON. JUDGE FLORENTINO TUAZON, JR., being the Judge of the RTC, Brach 139, Makati City, respondents. BUENA, J.: This petition for review, filed under Rule 45 of the 1997 Rules of Civil Procedure, seeks to review and set aside the Order dated January 28, 1999 issued by Judge Florentino A. Tuazon, Jr. of the Regional Trial Court of Makati City, Branch 139 in Special Civil Case No. 98-3056, entitled "Meynardo Beltran vs. People of the Philippines and Hon. Judge Alden Cervantes of the Metropolitan Trial Court of Makati City, Branch 61." The said Order denied petitioner's prayer for the issuance of a writ of preliminary injunction to enjoin Judge Cervantes from proceeding with the trial of Criminal Case No. 236176, a concubinage case against petitioner on the ground that the pending petition for declaration of nullity of marriage filed by petitioner against his wife constitutes a prejudicial question. The antecedent facts of the case are undisputed: Petitioner Meynardo Beltran and wife Charmaine E. Felix were married on June 16, 1973 at the Immaculate Concepcion Parish Church in Cubao, Quezon City.1 On February 7, 1997, after twenty-four years of marriage and four children,2 petitioner filed a petition for nullity of marriage on the ground of psychological incapacity under Article 36 of the Family Code before Branch 87 of the Regional Trial Court of Quezon City. The case was docketed as Civil Case No. Q-9730192.3 In her Answer to the said petition, petitioner's wife Charmaine Felix alleged that it was petitioner who abandoned the conjugal home and lived with a certain woman named Milagros Salting.4 Charmaine subsequently filed a criminal complaint for concubinage5 under Article 334 of the Revised Penal Code against petitioner and his paramour before the City Prosecutor's Office of Makati who, in a Resolution dated September 16, 1997, found probable cause and ordered the filing of an Information 6 against them. The case, docketed as Criminal Case No. 236176, was filed before the Metropolitan Trial Court of Makati City, Branch 61.1awphi1 On March 20, 1998, petitioner, in order to forestall the issuance of a warrant for his arrest, filed a Motion to Defer Proceedings Including the Issuance of the Warrant of Arrest in the criminal case. Petitioner argued that the pendency of the civil case for declaration of nullity of his marriage posed a prejudicial question to the determination of the criminal case. Judge Alden Vasquez Cervantes denied the foregoing motion in the Order7dated August 31, 1998. Petitioner's motion for reconsideration of the said Order of denial was likewise denied in an Order dated December 9, 1998. In view of the denial of his motion to defer the proceedings in the concubinage case, petitioner went to the Regional Trial Court of Makati City, Branch 139 on certiorari, questioning the Orders dated August 31, 1998 and December 9, 1998 issued by Judge Cervantes and praying for the issuance of a writ of preliminary injunction.8 In an Order9 dated January 28, 1999, the Regional Trial Court of Makati denied the petition for certiorari. Said Court subsequently issued another Order 10 dated February 23, 1999, denying his motion for reconsideration of the dismissal of his petition. Undaunted, petitioner filed the instant petition for review. Petitioner contends that the pendency of the petition for declaration of nullity of his marriage based on psychological

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incapacity under Article 36 of the Family Code is a prejudicial question that should merit the suspension of the criminal case for concubinage filed against him by his wife. Petitioner also contends that there is a possibility that two conflicting decisions might result from the civil case for annulment of marriage and the criminal case for concubinage. In the civil case, the trial court might declare the marriage as valid by dismissing petitioner's complaint but in the criminal case, the trial court might acquit petitioner because the evidence shows that his marriage is void on ground of psychological incapacity. Petitioner submits that the possible conflict of the courts' ruling regarding petitioner's marriage can be avoided, if the criminal case will be suspended, until the court rules on the validity of marriage; that if petitioner's marriage is declared void by reason of psychological incapacity then by reason of the arguments submitted in the subject petition, his marriage has never existed; and that, accordingly, petitioner could not be convicted in the criminal case because he was never before a married man. Petitioner's contentions are untenable. The rationale behind the principle of prejudicial question is to avoid two conflicting decisions. It has two essential elements: (a) the civil action involves an issue similar or intimately related to the issue raised in the criminal action; and (b) the resolution of such issue determines whether or not the criminal action may proceed. 11 The pendency of the case for declaration of nullity of petitioner's marriage is not a prejudicial question to the concubinage case. For a civil case to be considered prejudicial to a criminal action as to cause the suspension of the latter pending the final determination of the civil case, it must appear not only that the said civil case involves the same facts upon which the criminal prosecution would be based, but also that in the resolution of the issue or issues raised in the aforesaid civil action, the guilt or innocence of the accused would necessarily be determined. Art. 40 of the Family Code provides: The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void. In Domingo vs. Court of Appeals, 12 this Court ruled that the import of said provision is that for purposes of remarriage, the only legally acceptable basis for declaring a previous marriage an absolute nullity is a final judgment declaring such previous marriage void, whereas, for purposes of other than remarriage, other evidence is acceptable. The pertinent portions of said Decision read: . . . Undoubtedly, one can conceive of other instances where a party might well invoke the absolute nullity of a previous marriage for purposes other than remarriage, such as in case of an action for liquidation, partition, distribution and separation of property between the erstwhile spouses, as well as an action for the custody and support of their common children and the delivery of the latters' presumptive legitimes. In such cases, evidence needs must be adduced, testimonial or documentary, to prove the existence of grounds rendering such a previous marriage an absolute nullity. These needs not be limited solely to an earlier final judgment of a court declaring such previous marriage void. So that in a case for concubinage, the accused, like the herein petitioner need not present a final judgment declaring his marriage void for he can adduce evidence in the criminal case of the nullity of his marriage other than proof of a final judgment declaring his marriage void.

With regard to petitioner's argument that he could be acquitted of the charge of concubinage should his marriage be declared null and void, suffice it to state that even a subsequent pronouncement that his marriage is void from the beginning is not a defense. Analogous to this case is that of Landicho vs. Relova 1 cited in Donato vs. Luna 14 where this Court held that: . . . Assuming that the first marriage was null and void on the ground alleged by petitioner, that fact would not be material to the outcome of the criminal case. Parties to the marriage should not be permitted to judge for themselves its nullity, for the same must be submitted to the judgment of the competent courts and only when the nullity of the marriage is so declared can it be held as void, and so long as there is no such declaration the presumption is that the marriage exists. Therefore, he who contracts a second marriage before the judicial declaration of nullity of the first marriage assumes the risk of being prosecuted for bigamy. Thus, in the case at bar it must also be held that parties to the marriage should not be permitted to judge for themselves its nullity, for the same must be submitted to the judgment of the competent courts and only when the nullity of the marriage is so declared can it be held as void, and so long as there is no such declaration the presumption is that the marriage exists for all intents and purposes. Therefore, he who cohabits with a woman not his wife before the judicial declaration of nullity of the marriage assumes the risk of being prosecuted for concubinage. The lower court therefore, has not erred in affirming the Orders of the judge of the Metropolitan Trial Court ruling that pendency of a civil action for nullity of marriage does not pose a prejudicial question in a criminal case for concubinage. WHEREFORE, for lack of merit, the instant petition is DISMISSED. SO ORDERED.

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G.R. No. 132529. February 2, 2001 SUSAN NICDAO CARIO, petitioner, vs. SUSAN YEE CARIO, respondent. DECISION YNARES-SANTIAGO, J.: The issue for resolution in the case at bar hinges on the validity of the two marriages contracted by the deceased SPO4 Santiago S. Cario, whose death benefits is now the subject of the controversy between the two Susans whom he married. 1wphi1.nt Before this Court is a petition for review on certiorari seeking to set aside the decision 1 of the Court of Appeals in CA-G.R. CV No. 51263, which affirmed in toto the decision 2 of the Regional Trial Court of Quezon City, Branch 87, in Civil Case No. Q-93-18632. During the lifetime of the late SPO4 Santiago S. Cario, he contracted two marriages, the first was on June 20, 1969, with petitioner Susan Nicdao Cario (hereafter referred to as Susan Nicdao), with whom he had two offsprings, namely, Sahlee and Sandee Cario; and the second was on November 10, 1992, with respondent Susan Yee Cario (hereafter referred to as Susan Yee), with whom he had no children in their almost ten year cohabitation starting way back in 1982. In 1988, SPO4 Santiago S. Cario became ill and bedridden due to diabetes complicated by pulmonary tuberculosis. He passed away on November 23, 1992, under the care of Susan Yee, who spent for his medical and burial expenses. Both petitioner and respondent filed claims for monetary benefits and financial assistance pertaining to the deceased from various government agencies. Petitioner Susan Nicdao was able to collect a total of P146,000.00 from MBAI, PCCUI, Commutation, NAPOLCOM, [and] Pag-ibig, 3 while respondent Susan Yee received a total of P21,000.00 from GSIS Life, Burial (GSIS) and burial (SSS). 4 On December 14, 1993, respondent Susan Yee filed the instant case for collection of sum of money against petitioner Susan Nicdao praying, inter alia, that petitioner be ordered to return to her at least one-half of the one hundred forty-six thousand pesos (P146,000.00) collectively denominated as death benefits which she (petitioner) received from MBAI, PCCUI, Commutation, NAPOLCOM, [and] Pag-ibig. Despite service of summons, petitioner failed to file her answer, prompting the trial court to declare her in default. Respondent Susan Yee admitted that her marriage to the deceased took place during the subsistence of, and without first obtaining a judicial declaration of nullity of, the marriage between petitioner and the deceased. She, however, claimed that she had no knowledge of the previous marriage and that she became aware of it only at the funeral of the deceased, where she met petitioner who introduced herself as the wife of the deceased. To bolster her action for collection of sum of money, respondent contended that the marriage of petitioner and the deceased is void ab initio because the same was solemnized without the required marriage license. In support thereof, respondent presented: 1) the marriage certificate of the deceased and the petitioner which bears no marriage license number; 5 and 2) a certification dated March 9, 1994, from the Local Civil Registrar of San Juan, Metro Manila, which reads This is to certify that this Office has no record of marriage license of the spouses SANTIAGO CARINO (sic) and SUSAN NICDAO, who are married in this municipality on June 20, 1969. Hence, we cannot issue as requested a true copy or transcription of Marriage License number from the records of this archives. This certification is issued upon the request of Mrs. Susan Yee Cario for whatever legal purpose it may serve. 6

On August 28, 1995, the trial court ruled in favor of respondent, Susan Yee, holding as follows: WHEREFORE, the defendant is hereby ordered to pay the plaintiff the sum of P73,000.00, half of the amount which was paid to her in the form of death benefits arising from the death of SPO4 Santiago S. Cario, plus attorneys fees in the amount of P5,000.00, and costs of suit. IT IS SO ORDERED. 7 On appeal by petitioner to the Court of Appeals, the latter affirmed in toto the decision of the trial court. Hence, the instant petition, contending that: I. THE HONORABLE COURT OF APPEALS GRAVELY ERRED IN AFFIRMING THE FINDINGS OF THE LOWER COURT THAT VDA. DE CONSUEGRA VS. GSIS IS APPLICABLE TO THE CASE AT BAR. II. THE HONORABLE COURT OF APPEALS GRAVELY ERRED IN APPLYING EQUITY IN THE INSTANT CASE INSTEAD OF THE CLEAR AND UNEQUIVOCAL MANDATE OF THE FAMILY CODE. III. THE HONORABLE COURT OF APPEALS GRAVELY ERRED IN NOT FINDING THE CASE OF VDA. DE CONSUEGRA VS GSIS TO HAVE BEEN MODIFIED, AMENDED AND EVEN ABANDONED BY THE ENACTMENT OF THE FAMILY CODE. 8 Under Article 40 of the Family Code, the absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void. Meaning, where the absolute nullity of a previous marriage is sought to be invoked for purposes of contracting a second marriage, the sole basis acceptable in law, for said projected marriage to be free from legal infirmity, is a final judgment declaring the previous marriage void. 9 However, for purposes other than remarriage, no judicial action is necessary to declare a marriage an absolute nullity. For other purposes, such as but not limited to the determination of heirship, legitimacy or illegitimacy of a child, settlement of estate, dissolution of property regime, or a criminal case for that matter, the court may pass upon the validity of marriage even after the death of the parties thereto, and even in a suit not directly instituted to question the validity of said marriage, so long as it is essential to the determination of the case. 10 In such instances, evidence must be adduced, testimonial or documentary, to prove the existence of grounds rendering such a previous marriage an absolute nullity. These need not be limited solely to an earlier final judgment of a court declaring such previous marriage void. 11 It is clear therefore that the Court is clothed with sufficient authority to pass upon the validity of the two marriages in this case, as the same is essential to the determination of who is rightfully entitled to the subject death benefits of the deceased. Under the Civil Code, which was the law in force when the marriage of petitioner Susan Nicdao and the deceased was solemnized in 1969, a valid marriage license is a requisite of marriage, 12 and the absence thereof, subject to certain exceptions, 13 renders the marriage void ab initio. 14 In the case at bar, there is no question that the marriage of petitioner and the deceased does not fall within the marriages exempt from the license requirement. A marriage license, therefore, was indispensable to the validity of their marriage. This notwithstanding, the records reveal that the marriage

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contract of petitioner and the deceased bears no marriage license number and, as certified by the Local Civil Registrar of San Juan, Metro Manila, their office has no record of such marriage license. In Republic v. Court of Appeals, 15 the Court held that such a certification is adequate to prove the non-issuance of a marriage license. Absent any circumstance of suspicion, as in the present case, the certification issued by the local civil registrar enjoys probative value, he being the officer charged under the law to keep a record of all data relative to the issuance of a marriage license. Such being the case, the presumed validity of the marriage of petitioner and the deceased has been sufficiently overcome. It then became the burden of petitioner to prove that their marriage is valid and that they secured the required marriage license. Although she was declared in default before the trial court, petitioner could have squarely met the issue and explained the absence of a marriage license in her pleadings before the Court of Appeals and this Court. But petitioner conveniently avoided the issue and chose to refrain from pursuing an argument that will put her case in jeopardy. Hence, the presumed validity of their marriage cannot stand. It is beyond cavil, therefore, that the marriage between petitioner Susan Nicdao and the deceased, having been solemnized without the necessary marriage license, and not being one of the marriages exempt from the marriage license requirement, is undoubtedly void ab initio. It does not follow from the foregoing disquisition, however, that since the marriage of petitioner and the deceased is declared void ab initio, the death benefits under scrutiny would now be awarded to respondent Susan Yee. To reiterate, under Article 40 of the Family Code, for purposes of remarriage, there must first be a prior judicial declaration of the nullity of a previous marriage, though void, before a party can enter into a second marriage, otherwise, the second marriage would also be void. Accordingly, the declaration in the instant case of nullity of the previous marriage of the deceased and petitioner Susan Nicdao does not validate the second marriage of the deceased with respondent Susan Yee. The fact remains that their marriage was solemnized without first obtaining a judicial decree declaring the marriage of petitioner Susan Nicdao and the deceased void. Hence, the marriage of respondent Susan Yee and the deceased is, likewise, void ab initio. One of the effects of the declaration of nullity of marriage is the separation of the property of the spouses according to the applicable property regime. 16 Considering that the two marriages are void ab initio, the applicable property regime would not be absolute community or conjugal partnership of property, but rather, be governed by the provisions of Articles 147 and 148 of the Family Code on Property Regime of Unions Without Marriage. Under Article 148 of the Family Code, which refers to the property regime of bigamous marriages, adulterous relationships, relationships in a state of concubine, relationships where both man and woman are married to other persons, multiple alliances of the same married man, 17 ... [O]nly the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions ... In this property regime, the properties acquired by the parties through their actual joint contribution shall belong to the coownership. Wages and salaries earned by each party belong to him or her exclusively. Then too, contributions in the form of care of the home, children and household, or spiritual or moral inspiration, are excluded in this regime. 18 Considering that the marriage of respondent Susan Yee and the deceased is a bigamous marriage, having been solemnized during

the subsistence of a previous marriage then presumed to be valid (between petitioner and the deceased), the application of Article 148 is therefore in order. The disputed P146,000.00 from MBAI [AFP Mutual Benefit Association, Inc.], NAPOLCOM, Commutation, Pag-ibig, and PCCUI, are clearly renumerations, incentives and benefits from governmental agencies earned by the deceased as a police officer. Unless respondent Susan Yee presents proof to the contrary, it could not be said that she contributed money, property or industry in the acquisition of these monetary benefits. Hence, they are not owned in common by respondent and the deceased, but belong to the deceased alone and respondent has no right whatsoever to claim the same. By intestate succession, the said death benefits of the deceased shall pass to his legal heirs. And, respondent, not being the legal wife of the deceased is not one of them. As to the property regime of petitioner Susan Nicdao and the deceased, Article 147 of the Family Code governs. This article applies to unions of parties who are legally capacitated and not barred by any impediment to contract marriage, but whose marriage is nonetheless void for other reasons, like the absence of a marriage license. Article 147 of the Family Code reads Art. 147. When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership. In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares. For purposes of this Article, a party who did not participate in the acquisition by the other party of any property shall be deemed to have contributed jointly in the acquisition thereof if the formers efforts consisted in the care and maintenance of the family and of the household. xxx When only one of the parties to a void marriage is in good faith, the share of the party in bad faith in the co-ownership shall be forfeited in favor of their common children. In case of default of or waiver by any or all of the common children or their descendants, each vacant share shall belong to the respective surviving descendants. In the absence of descendants, such share shall belong to the innocent party. In all cases, the forfeiture shall take place upon termination of the cohabitation. In contrast to Article 148, under the foregoing article, wages and salaries earned by either party during the cohabitation shall be owned by the parties in equal shares and will be divided equally between them, even if only one party earned the wages and the other did not contribute thereto. 19 Conformably, even if the disputed death benefits were earned by the deceased alone as a government employee, Article 147 creates a co-ownership in respect thereto, entitling the petitioner to share one-half thereof. As there is no allegation of bad faith in the present case, both parties of the first marriage are presumed to be in good faith. Thus, one-half of the subject death benefits under scrutiny shall go to the petitioner as her share in the property regime, and the other half pertaining to the deceased shall pass by, intestate succession, to his legal heirs, namely, his children with Susan Nicdao. In affirming the decision of the trial court, the Court of Appeals relied on the case of Vda. de Consuegra v. Government Service Insurance System, 20 where the Court awarded one-half of the retirement benefits of the deceased to the first wife and the other half, to the second wife, holding that: ... [S]ince the defendants first marriage has not been dissolved or declared void the conjugal partnership established by that

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marriage has not ceased. Nor has the first wife lost or relinquished her status as putative heir of her husband under the new Civil Code, entitled to share in his estate upon his death should she survive him. Consequently, whether as conjugal partner in a still subsisting marriage or as such putative heir she has an interest in the husbands share in the property here in dispute.... And with respect to the right of the second wife, this Court observed that although the second marriage can be presumed to be void ab initio as it was celebrated while the first marriage was still subsisting, still there is need for judicial declaration of such nullity. And inasmuch as the conjugal partnership formed by the second marriage was dissolved before judicial declaration of its nullity, [t]he only just and equitable solution in this case would be to recognize the right of the second wife to her share of one-half in the property acquired by her and her husband, and consider the other half as pertaining to the conjugal partnership of the first marriage. 21 It should be stressed, however, that the aforecited decision is premised on the rule which requires a prior and separate judicial declaration of nullity of marriage. This is the reason why in the said case, the Court determined the rights of the parties in accordance with their existing property regime. In Domingo v. Court of Appeals, 22 however, the Court, construing Article 40 of the Family Code, clarified that a prior and separate declaration of nullity of a marriage is an all important condition precedent only for purposes of remarriage. That is, if a party who is previously married wishes to contract a second marriage, he or she has to obtain first a judicial decree declaring the first marriage void, before he or she could contract said second marriage, otherwise the second marriage would be void. The same rule applies even if the first marriage is patently void because the parties are not free to determine for themselves the validity or invalidity or their marriage. However, for purposes other than to remarry, like for filing a case for collection of sum of money anchored on a marriage claimed to be valid, no prior and separate judicial declaration of nullity is necessary. All that a party has to do is to present evidence, testimonial or documentary, that would prove that the marriage from which his or her rights flow is in fact valid. Thereupon, the court, if material to the determination of the issues before it, will rule on the status of the marriage involved and proceed to determine the rights of the parties in accordance with the applicable laws and jurisprudence. Thus, in Nial v. Bayadog, 23 the Court explained: [T]he court may pass upon the validity of marriage even in a suit not directly instituted to question the same so long as it is essential to the determination of the case. This is without prejudice to any issue that may arise in the case. When such need arises, a final judgment of declaration of nullity is necessary even if the purpose is other than to remarry. The clause on the basis of a final judgment declaring such previous marriage void in Article 40 of the Family Code connoted that such final judgment need not be obtained only for purpose of remarriage. WHEREFORE, the petition is GRANTED, and the decision of the Court of Appeals in CA-G.R. CV No. 51263 which affirmed the decision of the Regional Trial Court of Quezon City ordering petitioner to pay respondent the sum of P73,000.00 plus attorneys fees in the amount of P5,000.00, is REVERSED and SET ASIDE. The complaint in Civil Case No. Q-93-18632, is hereby DISMISSED. No pronouncement as to costs.1wphi1.nt SO ORDERED.

G.R. No. 94053 March 17, 1993 REPUBLIC OF THE PHILIPPINES, petitioner, vs. GREGORIO NOLASCO, respondent. RESOLUTION FELICIANO, J.: On 5 August 1988, respondent Gregorio Nolasco filed before the Regional Trial Court of Antique, Branch 10, a petition for the declaration of presumptive death of his wife Janet Monica Parker, invoking Article 41 of the Family Code. The petition prayed that respondent's wife be declared presumptively dead or, in the alternative, that the marriage be declared null and void. 1 The Republic of the Philippines opposed the petition through the Provincial Prosecutor of Antique who had been deputized to assist the Solicitor-General in the instant case. The Republic argued, first, that Nolasco did not possess a "well-founded belief that the absent spouse was already dead," 2 and second, Nolasco's attempt to have his marriage annulled in the same proceeding was a "cunning attempt" to circumvent the law on marriage. 3 During trial, respondent Nolasco testified that he was a seaman and that he had first met Janet Monica Parker, a British subject, in a bar in England during one of his ship's port calls. From that chance meeting onwards, Janet Monica Parker lived with respondent Nolasco on his ship for six (6) months until they returned to respondent's hometown of San Jose, Antique on 19 November 1980 after his seaman's contract expired. On 15 January 1982, respondent married Janet Monica Parker in San Jose, Antique, in Catholic rites officiated by Fr. Henry van Tilborg in the Cathedral of San Jose. Respondent Nolasco further testified that after the marriage celebration, he obtained another employment contract as a seaman and left his wife with his parents in San Jose, Antique. Sometime in January 1983, while working overseas, respondent received a letter from his mother informing him that Janet Monica had given birth to his son. The same letter informed him that Janet Monica had left Antique. Respondent claimed he then immediately asked permission to leave his ship to return home. He arrived in Antique in November 1983. Respondent further testified that his efforts to look for her himself whenever his ship docked in England proved fruitless. He also stated that all the letters he had sent to his missing spouse at No. 38 Ravena Road, Allerton, Liverpool, England, the address of the bar where he and Janet Monica first met, were all returned to him. He also claimed that he inquired from among friends but they too had no news of Janet Monica. On cross-examination, respondent stated that he had lived with and later married Janet Monica Parker despite his lack of knowledge as to her family background. He insisted that his wife continued to refuse to give him such information even after they were married. He also testified that he did not report the matter of Janet Monica's disappearance to the Philippine government authorities. Respondent Nolasco presented his mother, Alicia Nolasco, as his witness. She testified that her daughter-in-law Janet Monica had expressed a desire to return to England even before she had given birth to Gerry Nolasco on 7 December 1982. When asked why her daughter-in-law might have wished to leave Antique, respondent's mother replied that Janet Monica never got used to the rural way of life in San Jose, Antique. Alicia Nolasco also said that she had tried to dissuade Janet Monica from leaving as she had given birth to her son just fifteen days before, but when she (Alicia) failed to do so, she gave Janet Monica P22,000.00 for her expenses before she left on 22 December 1982 for England. She further claimed that she had no information as to the missing person's present whereabouts.

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The trial court granted Nolasco's petition in a Judgment dated 12 October 1988 the dispositive portion of which reads: Wherefore, under Article 41, paragraph 2 of the Family Code of the Philippines (Executive Order No. 209, July 6, 1987, as amended by Executive Order No. 227, July 17, 1987) this Court hereby declares as presumptively dead Janet Monica Parker Nolasco, without prejudice to her reappearance. 4 The Republic appealed to the Court of Appeals contending that the trial court erred in declaring Janet Monica Parker presumptively dead because respondent Nolasco had failed to show that there existed a well founded belief for such declaration. The Court of Appeals affirmed the trial court's decision, holding that respondent had sufficiently established a basis to form a belief that his absent spouse had already died. The Republic, through the Solicitor-General, is now before this Court on a Petition for Review where the following allegations are made: 1. The Court of Appeals erred in affirming the trial court's finding that there existed a wellfounded belief on the part of Nolasco that Janet Monica Parker was already dead; and 2. The Court of Appeals erred in affirming the trial Court's declaration that the petition was a proper case of the declaration of presumptive death under Article 41, Family Code. 5 The issue before this Court, as formulated by petitioner is "[w]hether or not Nolasco has a well-founded belief that his wife is already dead." 6 The present case was filed before the trial court pursuant to Article 41 of the Family Code which provides that: Art. 41. A marriage contracted by any person during the subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present had a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provision of Article 391 of the Civil Code, an absence of only two years shall be sufficient. For the purpose of contracting the subsequent marriage under the preceding paragraph, the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse. (Emphasis supplied). When Article 41 is compared with the old provision of the Civil Code, which it superseded, 7 the following crucial differences emerge. Under Article 41, the time required for the presumption to arise has been shortened to four (4) years; however, there is need for a judicial declaration of presumptive death to enable the spouse present to remarry. 8 Also, Article 41 of the Family Code imposes a stricter standard than the Civil Code: Article 83 of the Civil Code merely requires either that there be no news that such absentee is still alive; or the absentee is generally considered to be dead and believed to be so by the spouse present, or is presumed dead under Article 390 and 391 of the Civil Code. 9 The Family

Code, upon the other hand, prescribes as "well founded belief" that the absentee is already dead before a petition for declaration of presumptive death can be granted. As pointed out by the Solicitor-General, there are four (4) requisites for the declaration of presumptive death under Article 41 of the Family Code: 1. That the absent spouse has been missing for four consecutive years, or two consecutive years if the disappearance occurred where there is danger of death under the circumstances laid down in Article 391, Civil Code; 2. That the present spouse wishes to remarry; 3. That the present spouse has a well-founded belief that the absentee is dead; and 4. That the present spouse files a summary proceeding for the declaration of presumptive death of the absentee. 10 Respondent naturally asserts that he had complied with all these requirements. 11 Petitioner's argument, upon the other hand, boils down to this: that respondent failed to prove that he had complied with the third requirement, i.e., the existence of a "well-founded belief" that the absent spouse is already dead. The Court believes that respondent Nolasco failed to conduct a search for his missing wife with such diligence as to give rise to a "well-founded belief" that she is dead. United States v. Biasbas, 12 is instructive as to degree of diligence required in searching for a missing spouse. In that case, defendant Macario Biasbas was charged with the crime of bigamy. He set-up the defense of a good faith belief that his first wife had already died. The Court held that defendant had not exercised due diligence to ascertain the whereabouts of his first wife, noting that: While the defendant testified that he had made inquiries concerning the whereabouts of his wife, he fails to state of whom he made such inquiries. He did not even write to the parents of his first wife, who lived in the Province of Pampanga, for the purpose of securing information concerning her whereabouts. He admits that he had a suspicion only that his first wife was dead. He admits that the only basis of his suspicion was the fact that she had been absent. . . . 13 In the case at bar, the Court considers that the investigation allegedly conducted by respondent in his attempt to ascertain Janet Monica Parker's whereabouts is too sketchy to form the basis of a reasonable or well-founded belief that she was already dead. When he arrived in San Jose, Antique after learning of Janet Monica's departure, instead of seeking the help of local authorities or of the British Embassy, 14 he secured another seaman's contract and went to London, a vast city of many millions of inhabitants, to look for her there. Q After arriving here in San Jose, Antique, did you exert efforts to inquire the whereabouts of your wife? A Yes, Sir. Court: How did you do that? A I secured another contract with the ship and we had a trip to London and I went to London to look for her I

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could not find her (sic). 15 (Emphasis supplied) Respondent's testimony, however, showed that he confused London for Liverpool and this casts doubt on his supposed efforts to locate his wife in England. The Court of Appeal's justification of the mistake, to wit: . . . Well, while the cognoscente (sic) would readily know the geographical difference between London and Liverpool, for a humble seaman like Gregorio the two places could mean one place in England, the port where his ship docked and where he found Janet. Our own provincial folks, every time they leave home to visit relatives in Pasay City, Kalookan City, or Paraaque, would announce to friends and relatives, "We're going to Manila." This apparent error in naming of places of destination does not appear to be fatal. 16 is not well taken. There is no analogy between Manila and its neighboring cities, on one hand, and London and Liverpool, on the other, which, as pointed out by the Solicitor-General, are around three hundred fifty (350) kilometers apart. We do not consider that walking into a major city like Liverpool or London with a simple hope of somehow bumping into one particular person there which is in effect what Nolasco says he did can be regarded as a reasonably diligent search. The Court also views respondent's claim that Janet Monica declined to give any information as to her personal background even after she had married respondent 17 too convenient an excuse to justify his failure to locate her. The same can be said of the loss of the alleged letters respondent had sent to his wife which respondent claims were all returned to him. Respondent said he had lost these returned letters, under unspecified circumstances. Neither can this Court give much credence to respondent's bare assertion that he had inquired from their friends of her whereabouts, considering that respondent did not identify those friends in his testimony. The Court of Appeals ruled that since the prosecutor failed to rebut this evidence during trial, it is good evidence. But this kind of evidence cannot, by its nature, be rebutted. In any case, admissibility is not synonymous with credibility. 18 As noted before, there are serious doubts to respondent's credibility. Moreover, even if admitted as evidence, said testimony merely tended to show that the missing spouse had chosen not to communicate with their common acquaintances, and not that she was dead. Respondent testified that immediately after receiving his mother's letter sometime in January 1983, he cut short his employment contract to return to San Jose, Antique. However, he did not explain the delay of nine (9) months from January 1983, when he allegedly asked leave from his captain, to November 1983 when be finally reached San Jose. Respondent, moreover, claimed he married Janet Monica Parker without inquiring about her parents and their place of residence. 19 Also, respondent failed to explain why he did not even try to get the help of the police or other authorities in London and Liverpool in his effort to find his wife. The circumstances of Janet Monica's departure and respondent's subsequent behavior make it very difficult to regard the claimed belief that Janet Monica was dead a wellfounded one. In Goitia v. Campos-Rueda, 20 the Court stressed that: . . . Marriage is an institution, the maintenance of which in its purity the public is deeply interested. It is a relationship for life and the parties cannot terminate it at any shorter period by virtue of any contract they make. . . . . 21 (Emphasis supplied)

By the same token, the spouses should not be allowed, by the simple expedient of agreeing that one of them leave the conjugal abode and never to return again, to circumvent the policy of the laws on marriage. The Court notes that respondent even tried to have his marriage annulled before the trial court in the same proceeding. In In Re Szatraw, 22 the Court warned against such collusion between the parties when they find it impossible to dissolve the marital bonds through existing legal means. While the Court understands the need of respondent's young son, Gerry Nolasco, for maternal care, still the requirements of the law must prevail. Since respondent failed to satisfy the clear requirements of the law, his petition for a judicial declaration of presumptive death must be denied. The law does not view marriage like an ordinary contract. Article 1 of the Family Code emphasizes that. . . . Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the familyand an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. (Emphasis supplied) In Arroyo, Jr. v. Court of Appeals, 23 the Court stressed strongly the need to protect. . . . the basic social institutions of marriage and the family in the preservation of which the State bas the strongest interest; the public policy here involved is of the most fundamental kind. In Article II, Section 12 of the Constitution there is set forth the following basic state policy: The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. . . . The same sentiment bas been expressed in the Family Code of the Philippines in Article 149: The family, being the foundation of the nation, is a basic social institution which public policy cherishes and protects. Consequently, family relations are governed by law and no custom, practice or agreement destructive of the family shall be recognized or given effect. 24 In fine, respondent failed to establish that he had the wellfounded belief required by law that his absent wife was already dead that would sustain the issuance of a court order declaring Janet Monica Parker presumptively dead. WHEREFORE, the Decision of the Court of Appeals dated 23 February 1990, affirming the trial court's decision declaring Janet Monica Parker presumptively dead is hereby REVERSED and both Decisions are hereby NULLIFIED and SET ASIDE. Costs against respondent.

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G.R. No. 136467

April 6, 2000

ANTONIA ARMAS Y CALISTERIO, petitioner, vs. MARIETTA CALISTERIO, respondent. VITUG, J.: On 24 April 1992, Teodorico Calisterio died intestate, leaving several parcels of land with an estimated value of P604,750.00. Teodorico was survived by his wife, herein respondent Marietta Calisterio. Teodorico was the second husband of Marietta who had previously been married to James William Bounds on 13 January 1946 at Caloocan City. James Bounds disappeared without a trace on 11 February 1947. Teodorico and Marietta were married eleven years later, or on 08 May 1958, without Marietta having priorly secured a court declaration that James was presumptively dead. On 09 October 1992, herein petitioner Antonia Armas y Calisterio, a surviving sister of Teodorico, filed with the Regional Trial Court ("RTC") of Quezon City, Branch 104, a petition entitled, "In the Matter of Intestate Estate of the Deceased Teodorico Calisterio y Cacabelos, Antonia Armas, Petitioner," claiming to be inter alia, the sole surviving heir of Teodorico Calisterio, the marriage between the latter and respondent Marietta Espinosa Calisterio being allegedly bigamous and thereby null and void. She prayed that her son Sinfroniano C. Armas, Jr., be appointed administrator, without bond, of the estate of the deceased and that the inheritance be adjudicated to her after all the obligations of the estate would have been settled. Respondent Marietta opposed the petition. Marietta stated that her first marriage with James Bounds had been dissolved due to the latter's absence, his whereabouts being unknown, for more than eleven years before she contracted her second marriage with Teodorico. Contending to be the surviving spouse of Teodorico, she sought priority in the administration of the estate of the decedent. On 05 February 1993, the trial court issued an order appointing jointly Sinfroniano C. Armas, Jr., and respondent Marietta administrator and administratrix, respectively, of the intestate estate of Teodorico. On 17 January 1996, the lower court handed down its decision in favor of petitioner Antonia; it adjudged: WHEREFORE, judgment is hereby rendered finding for the petitioner and against the oppositor whereby herein petitioner, Antonia Armas y Calisterio, is declared as the sole heir of the estate of Teodorico Calisterio y Cacabelos. 1

Monte, Quezon City, is the conjugal property of the oppositor-appellant and the deceased Teodorico Calisterio. 4. The trial court erred in holding that oppositorappellant is not a legal heir of deceased Teodorico Calisterio. 5. The trial court erred in not holding that letters of administration should be granted solely in favor of oppositor-appellant. 2 On 31 August 1998, the appellate court, through Mr. Justice Conrado M. Vasquez, Jr., promulgated its now assailed decision, thus: IN VIEW OF ALL THE FOREGOING, the Decision appealed from is REVERSED AND SET ASIDE, and a new one entered declaring as follows: (a) Marietta Calisterio's marriage to Teodorico remains valid; (b) The house and lot situated at #32 Batangas Street, San Francisco del Monte, Quezon City, belong to the conjugal partnership property with the concomitant obligation of the partnership to pay the value of the land to Teodorico's estate as of the time of the taking; (c) Marietta Calisterio, being Teodorico's compulsory heir, is entitled to one half of her husband's estate, and Teodorico's sister, herein petitioner Antonia Armas and her children, to the other half; (d) The trial court is ordered to determine the competence of Marietta E. Calisterio to act as administrator of Teodorico's estate, and if so found competent and willing, that she be appointed as such; otherwise, to determine who among the deceased's next of kin is competent and willing to become the administrator of the estate. 3 On 23 November 1998, the Court of Appeals denied petitioner's motion for reconsideration, prompting her to interpose the present appeal. Petitioner asseverates: It is respectfully submitted that the decision of the Court of Appeals reversing and setting aside the decision of the trial court is not in accord with the law or with the applicable decisions of this Honorable Court. 4 It is evident that the basic issue focuses on the validity of the marriage between the deceased Teodorico and respondent Marietta, that, in turn, would be determinative of her right as a surviving spouse. The marriage between the deceased Teodorico and respondent Marietta was solemnized on 08 May 1958. The law in force at that time was the Civil Code, not the Family Code which took effect only on 03 August 1988. Article 256 of the Family Code 5 itself limited its retroactive governance only to cases where it thereby would not prejudice or impair vested or acquired rights in accordance with the Civil Code or other laws. Verily, the applicable specific provision in the instant controversy is Article 83 of the New Civil Code which provides: Art. 83. Any marriage subsequently contracted by any person during the lifetime of the first spouse of such

Respondent Marietta appealed the decision of the trial court to the Court of Appeals, formulating that 1. The trial court erred in applying the provisions of the Family Code in the instant case despite the fact that the controversy arose when the New Civil Code was the law in force. 2. The trial court erred in holding that the marriage between oppositor-appellant and the deceased Teodorico Calisterio is bigamous for failure of the former to secure a decree of the presumptive death of her first spouse. 3. The trial court erred in not holding that the property situated at No. 32 Batangas Street, San Francisco del

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person with any person other than such first spouse shall be illegal and void from its performance, unless: (1) The first marriage was annulled or dissolved; or (2) The first spouse had been absent for seven consecutive years at the time of the second marriage without the spouse present having news of the absentee being alive, or if the absentee, though he has been absent for less than seven years, is generally considered as dead and believed to be so by the spouse present at the time of contracting such subsequent marriage, or if the absentee is presumed dead according to articles 390 and 391. The marriage so contracted shall be valid in any of the three cases until declared null and void by a competent court. Under the foregoing provisions, a subsequent marriage contracted during the lifetime of the first spouse is illegal and void ab initio unless the prior marriage is first annulled or dissolved. Paragraph (2) of the law gives exceptions from the above rule. For the subsequent marriage referred to in the three exceptional cases therein provided, to be held valid, the spouse present (not the absentee spouse) so contracting the later marriage must have done so in good faith. 6 Bad faith imports a dishonest purpose or some moral obliquity and conscious doing of wrong it partakes of the nature of fraud, a breach of a known duty through some motive of interest or ill will. 7 The Court does not find these circumstances to be here extant. A judicial declaration of absence of the absentee spouse is not necessary8 as long as the prescribed period of absence is met. It is equally noteworthy that the marriage in these exceptional cases are, by the explicit mandate of Article 83, to be deemed valid "until declared null and void by a competent court." It follows that the burden of proof would be, in these cases, on the party assailing the second marriage. In contrast, under the 1988 Family Code, in order that a subsequent bigamous marriage may exceptionally be considered valid, the following conditions must concur; viz.: (a) The prior spouse of the contracting party must have been absent for four consecutive years, or two years where there is danger of death under the circumstances stated in Article 391 of the Civil Code at the time of disappearance; (b) the spouse present has a wellfounded belief that the absent spouse is already dead; and (c) there is, unlike the old rule, a judicial declaration of presumptive death of the absentee for which purpose the spouse present can institute a summary proceeding in court to ask for that declaration. The last condition is consistent and in consonance with the requirement of judicial intervention in subsequent marriages as so provided in Article 41 9 , in relation to Article 40,10 of the Family Code. In the case at bar, it remained undisputed that respondent Marietta's first husband, James William Bounds, had been absent or had disappeared for more than eleven years before she entered into a second marriage in 1958 with the deceased Teodorico Calisterio. This second marriage, having been contracted during the regime of the Civil Code, should thus be deemed valid notwithstanding the absence of a judicial declaration of presumptive death of James Bounds. The conjugal property of Teodorico and Marietta, no evidence having been adduced to indicate another property regime between the spouses, pertains to them in common. Upon its dissolution with the death of Teodorico, the property should rightly be divided in two equal portions one portion going to the surviving spouse and the other portion to the estate of the deceased spouse. The successional right in intestacy of a surviving spouse over the net estate 11 of the deceased, concurring with legitimate brothers and sisters or nephews and nieces (the latter by right of representation), is one-half of the inheritance, the brothers and sisters or nephews and nieces, being entitled to the other half. Nephews and nieces, however, can only succeed by right of representation in the presence of uncles and aunts; alone, upon the other hand, nephews and

nieces can succeed in their own right which is to say that brothers or sisters exclude nephews and nieces except only in representation by the latter of their parents who predecease or are incapacitated to succeed. The appellate court has thus erred in granting, in paragraph (c) of the dispositive portion of its judgment, successional rights, to petitioner's children, along with their own mother Antonia who herself is invoking successional rights over the estate of her deceased brother.1wphi1 WHEREFORE, the assailed judgment of the Court of Appeals in CA G.R. CV No. 51574 is AFFIRMED except insofar only as it decreed in paragraph (c) of the dispositive portion thereof that the children of petitioner are likewise entitled, along with her, to the other half of the inheritance, in lieu of which, it is hereby DECLARED that said one-half share of the decedent's estate pertains solely to petitioner to the exclusion of her own children. No costs. SO ORDERED.

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G.R. No. 165842 November 29, 2005 EDUARDO P. MANUEL, Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent. DECISION CALLEJO, SR., J.: Before us is a petition for review on certiorari of the Decision1 of the Court of Appeals (CA) in CA-G.R. CR No. 26877, affirming the Decision2 of the Regional Trial Court (RTC) of Baguio City, Branch 3, convicting Eduardo P. Manuel of bigamy in Criminal Case No. 19562-R. Eduardo was charged with bigamy in an Information filed on November 7, 2001, the accusatory portion of which reads: That on or about the 22nd day of April, 1996, in the City of Baguio, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused EDUARDO P. MANUEL, being then previously and legally married to RUBYLUS [GAA] and without the said marriage having been legally dissolved, did then and there willfully, unlawfully and feloniously contract a second marriage with TINA GANDALERA-MANUEL, herein complainant, who does not know the existence of the first marriage of said EDUARDO P. MANUEL to Rubylus [Gaa]. CONTRARY TO LAW. 3 The prosecution adduced evidence that on July 28, 1975, Eduardo was married to Rubylus Gaa before Msgr. Feliciano Santos in Makati, which was then still a municipality of the Province of Rizal.4 He met the private complainant Tina B. Gandalera in Dagupan City sometime in January 1996. She stayed in Bonuan, Dagupan City for two days looking for a friend. Tina was then 21 years old, a Computer Secretarial student, while Eduardo was 39. Afterwards, Eduardo went to Baguio City to visit her. Eventually, as one thing led to another, they went to a motel where, despite Tinas resistance, Eduardo succeeded in having his way with her. Eduardo proposed marriage on several occasions, assuring her that he was single. Eduardo even brought his parents to Baguio City to meet Tinas parents, and was assured by them that their son was still single. Tina finally agreed to marry Eduardo sometime in the first week of March 1996. They were married on April 22, 1996 before Judge Antonio C. Reyes, the Presiding Judge of the RTC of Baguio City, Branch 61.5 It appeared in their marriage contract that Eduardo was "single."

to marry him. Their marital relationship was in order until this one time when he noticed that she had a "love-bite" on her neck. He then abandoned her. Eduardo further testified that he declared he was "single" in his marriage contract with Tina because he believed in good faith that his first marriage was invalid. He did not know that he had to go to court to seek for the nullification of his first marriage before marrying Tina. Eduardo further claimed that he was only forced to marry his first wife because she threatened to commit suicide unless he did so. Rubylus was charged with estafa in 1975 and thereafter imprisoned. He visited her in jail after three months and never saw her again. He insisted that he married Tina believing that his first marriage was no longer valid because he had not heard from Rubylus for more than 20 years. After trial, the court rendered judgment on July 2, 2002 finding Eduardo guilty beyond reasonable doubt of bigamy. He was sentenced to an indeterminate penalty of from six (6) years and ten (10) months, as minimum, to ten (10) years, as maximum, and directed to indemnify the private complainant Tina Gandalera the amount ofP200,000.00 by way of moral damages, plus costs of suit.9 The trial court ruled that the prosecution was able to prove beyond reasonable doubt all the elements of bigamy under Article 349 of the Revised Penal Code. It declared that Eduardos belief, that his first marriage had been dissolved because of his first wifes 20-year absence, even if true, did not exculpate him from liability for bigamy. Citing the ruling of this Court in People v. Bitdu,10 the trial court further ruled that even if the private complainant had known that Eduardo had been previously married, the latter would still be criminally liable for bigamy. Eduardo appealed the decision to the CA. He alleged that he was not criminally liable for bigamy because when he married the private complainant, he did so in good faith and without any malicious intent. He maintained that at the time that he married the private complainant, he was of the honest belief that his first marriage no longer subsisted. He insisted that conformably to Article 3 of the Revised Penal Code, there must be malice for one to be criminally liable for a felony. He was not motivated by malice in marrying the private complainant because he did so only out of his overwhelming desire to have a fruitful marriage. He posited that the trial court should have taken into account Article 390 of the New Civil Code. To support his view, the appellant cited the rulings of this Court inUnited States v. Pealosa11 and Manahan, Jr. v. Court of Appeals.12 The Office of the Solicitor General (OSG) averred that Eduardos defense of good faith and reliance on the Courts ruling in United States v. Enriquez13 were misplaced; what is applicable is Article 41 of the Family Code, which amended Article 390 of the Civil Code. Citing the ruling of this Court in Republic v. Nolasco,14 the OSG further posited that as provided in Article 41 of the Family Code, there is a need for a judicial declaration of presumptive death of the absent spouse to enable the present spouse to marry. Even assuming that the first marriage was void, the parties thereto should not be permitted to judge for themselves the nullity of the marriage; the matter should be submitted to the proper court for resolution. Moreover, the OSG maintained, the private complainants knowledge of the first marriage would not afford any relief since bigamy is an offense against the State and not just against the private complainant. However, the OSG agreed with the appellant that the penalty imposed by the trial court was erroneous and sought the affirmance of the decision appealed from with modification. On June 18, 2004, the CA rendered judgment affirming the decision of the RTC with modification as to the penalty of the accused. It ruled that the prosecution was able to prove all the elements of bigamy. Contrary to the contention of the appellant, Article 41 of the Family Code should apply. Before Manuel could lawfully marry the private complainant, there should have been a judicial declaration of Gaas presumptive death as the absent

The couple was happy during the first three years of their married life. Through their joint efforts, they were able to build their home in Cypress Point, Irisan, Baguio City. However, starting 1999, Manuel started making himself scarce and went to their house only twice or thrice a year. Tina was jobless, and whenever she asked money from Eduardo, he would slap her.6 Sometime in January 2001, Eduardo took all his clothes, left, and did not return. Worse, he stopped giving financial support. Sometime in August 2001, Tina became curious and made inquiries from the National Statistics Office (NSO) in Manila where she learned that Eduardo had been previously married. She secured an NSO-certified copy of the marriage contract.7 She was so embarrassed and humiliated when she learned that Eduardo was in fact already married when they exchanged their own vows.8 For his part, Eduardo testified that he met Tina sometime in 1995 in a bar where she worked as a Guest Relations Officer (GRO). He fell in love with her and married her. He informed Tina of his previous marriage to Rubylus Gaa, but she nevertheless agreed

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spouse. The appellate court cited the rulings of this Court in Mercado v. Tan15 and Domingo v. Court of Appeals16to support its ruling. The dispositive portion of the decision reads: WHEREFORE, in the light of the foregoing, the Decision promulgated on July 31, 2002 is hereby MODIFIED to reflect, as it hereby reflects, that accused-appellant is sentenced to an indeterminate penalty of two (2) years, four (4) months and one (1) day of prision correccional, as minimum, to ten (10) years of prision mayor as maximum. Said Decision is AFFIRMED in all other respects. SO ORDERED.17 Eduardo, now the petitioner, filed the instant petition for review on certiorari, insisting that: I THE COURT OF APPEALS COMMITTED REVERSIBLE ERROR OF LAW WHEN IT RULED THAT PETITIONERS FIRST WIFE CANNOT BE LEGALLY PRESUMED DEAD UNDER ARTICLE 390 OF THE CIVIL CODE AS THERE WAS NO JUDICIAL DECLARATION OF PRESUMPTIVE DEATH AS PROVIDED FOR UNDER ARTICLE 41 OF THE FAMILY CODE. II THE COURT OF APPEALS COMMITTED REVERSIBLE ERROR OF LAW WHEN IT AFFIRMED THE AWARD OF PHP200,000.00 AS MORAL DAMAGES AS IT HAS NO BASIS IN FACT AND IN LAW.18 The petitioner maintains that the prosecution failed to prove the second element of the felony, i.e., that the marriage has not been legally dissolved or, in case his/her spouse is absent, the absent spouse could not yet be presumed dead under the Civil Code. He avers that when he married Gandalera in 1996, Gaa had been "absent" for 21 years since 1975; under Article 390 of the Civil Code, she was presumed dead as a matter of law. He points out that, under the first paragraph of Article 390 of the Civil Code, one who has been absent for seven years, whether or not he/she is still alive, shall be presumed dead for all purposes except for succession, while the second paragraph refers to the rule on legal presumption of death with respect to succession. The petitioner asserts that the presumptive death of the absent spouse arises by operation of law upon the satisfaction of two requirements: the specified period and the present spouses reasonable belief that the absentee is dead. He insists that he was able to prove that he had not heard from his first wife since 1975 and that he had no knowledge of her whereabouts or whether she was still alive; hence, under Article 41 of the Family Code, the presumptive death of Gaa had arisen by operation of law, as the two requirements of Article 390 of the Civil Code are present. The petitioner concludes that he should thus be acquitted of the crime of bigamy. The petitioner insists that except for the period of absences provided for in Article 390 of the Civil Code, the rule therein on legal presumptions remains valid and effective. Nowhere under Article 390 of the Civil Code does it require that there must first be a judicial declaration of death before the rule on presumptive death would apply. He further asserts that contrary to the rulings of the trial and appellate courts, the requirement of a judicial declaration of presumptive death under Article 41 of the Family Code is only a requirement for the validity of the subsequent or second marriage. The petitioner, likewise, avers that the trial court and the CA erred in awarding moral damages in favor of the private complainant. The private complainant was a "GRO" before he married her, and even knew that he was already married. He genuinely loved and took care of her and gave her financial

support. He also pointed out that she had an illicit relationship with a lover whom she brought to their house. In its comment on the petition, the OSG maintains that the decision of the CA affirming the petitioners conviction is in accord with the law, jurisprudence and the evidence on record. To bolster its claim, the OSG cited the ruling of this Court in Republic v. Nolasco.19 The petition is denied for lack of merit. Article 349 of the Revised Penal Code, which defines and penalizes bigamy, reads: Art. 349. Bigamy. The penalty of prision mayor shall be imposed upon any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings. The provision was taken from Article 486 of the Spanish Penal Code, to wit: El que contrajere Segundo o ulterior matrimonio sin hallarse legtimamente disuelto el anterior, ser castigado con la pena de prision mayor. xxx The reason why bigamy is considered a felony is to preserve and ensure the juridical tie of marriage established by law.20 The phrase "or before the absent spouse had been declared presumptively dead by means of a judgment rendered in the proper proceedings" was incorporated in the Revised Penal Code because the drafters of the law were of the impression that "in consonance with the civil law which provides for the presumption of death after an absence of a number of years, the judicial declaration of presumed death like annulment of marriage should be a justification for bigamy."21 For the accused to be held guilty of bigamy, the prosecution is burdened to prove the felony: (a) he/she has been legally married; and (b) he/she contracts a subsequent marriage without the former marriage having been lawfully dissolved. The felony is consummated on the celebration of the second marriage or subsequent marriage.22 It is essential in the prosecution for bigamy that the alleged second marriage, having all the essential requirements, would be valid were it not for the subsistence of the first marriage.23 Viada avers that a third element of the crime is that the second marriage must be entered into with fraudulent intent (intencion fraudulente) which is an essential element of a felony by dolo.24 On the other hand, Cuello Calon is of the view that there are only two elements of bigamy: (1) the existence of a marriage that has not been lawfully dissolved; and (2) the celebration of a second marriage. It does not matter whether the first marriage is void or voidable because such marriages have juridical effects until lawfully dissolved by a court of competent jurisdiction.25 As the Court ruled in Domingo v. Court of Appeals26 and Mercado v. Tan,27 under the Family Code of the Philippines, the judicial declaration of nullity of a previous marriage is a defense. In his commentary on the Revised Penal Code, Albert is of the same view as Viada and declared that there are three (3) elements of bigamy: (1) an undissolved marriage; (2) a new marriage; and (3) fraudulent intention constituting the felony of the act.28 He explained that: This last element is not stated in Article 349, because it is undoubtedly incorporated in the principle antedating all codes, and, constituting one of the landmarks of our Penal Code, that, where there is no willfulness there is no crime. There is no willfulness if the subject believes that the former marriage has been dissolved; and this must be supported by very strong evidence, and if this be produced, the act shall be deemed not to constitute a crime. Thus, a person who contracts a second marriage in the reasonable and

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well-founded belief that his first wife is dead, because of the many years that have elapsed since he has had any news of her whereabouts, in spite of his endeavors to find her, cannot be deemed guilty of the crime of bigamy, because there is no fraudulent intent which is one of the essential elements of the crime.29 As gleaned from the Information in the RTC, the petitioner is charged with bigamy, a felony by dolo (deceit). Article 3, paragraph 2 of the Revised Penal Code provides that there is deceit when the act is performed with deliberate intent. Indeed, a felony cannot exist without intent. Since a felony by dolo is classified as an intentional felony, it is deemed voluntary.30 Although the words "with malice" do not appear in Article 3 of the Revised Penal Code, such phrase is included in the word "voluntary."31 Malice is a mental state or condition prompting the doing of an overt act without legal excuse or justification from which another suffers injury.32 When the act or omission defined by law as a felony is proved to have been done or committed by the accused, the law presumes it to have been intentional.33 Indeed, it is a legal presumption of law that every man intends the natural or probable consequence of his voluntary act in the absence of proof to the contrary, and such presumption must prevail unless a reasonable doubt exists from a consideration of the whole evidence.34 For one to be criminally liable for a felony by dolo, there must be a confluence of both an evil act and an evil intent. Actus non facit reum, nisi mens sit rea.35 In the present case, the prosecution proved that the petitioner was married to Gaa in 1975, and such marriage was not judicially declared a nullity; hence, the marriage is presumed to subsist.36 The prosecution also proved that the petitioner married the private complainant in 1996, long after the effectivity of the Family Code. The petitioner is presumed to have acted with malice or evil intent when he married the private complainant. As a general rule, mistake of fact or good faith of the accused is a valid defense in a prosecution for a felony by dolo; such defense negates malice or criminal intent. However, ignorance of the law is not an excuse because everyone is presumed to know the law. Ignorantia legis neminem excusat. It was the burden of the petitioner to prove his defense that when he married the private complainant in 1996, he was of the wellgrounded belief that his first wife was already dead, as he had not heard from her for more than 20 years since 1975. He should have adduced in evidence a decision of a competent court declaring the presumptive death of his first wife as required by Article 349 of the Revised Penal Code, in relation to Article 41 of the Family Code. Such judicial declaration also constitutes proof that the petitioner acted in good faith, and would negate criminal intent on his part when he married the private complainant and, as a consequence, he could not be held guilty of bigamy in such case. The petitioner, however, failed to discharge his burden. The phrase "or before the absent spouse has been declared presumptively dead by means of a judgment rendered on the proceedings" in Article 349 of the Revised Penal Code was not an aggroupment of empty or useless words. The requirement for a judgment of the presumptive death of the absent spouse is for the benefit of the spouse present, as protection from the pains and the consequences of a second marriage, precisely because he/she could be charged and convicted of bigamy if the defense of good faith based on mere testimony is found incredible. The requirement of judicial declaration is also for the benefit of the State. Under Article II, Section 12 of the Constitution, the "State shall protect and strengthen the family as a basic autonomous social institution." Marriage is a social institution of the highest importance. Public policy, good morals and the

interest of society require that the marital relation should be surrounded with every safeguard and its severance only in the manner prescribed and the causes specified by law.37 The laws regulating civil marriages are necessary to serve the interest, safety, good order, comfort or general welfare of the community and the parties can waive nothing essential to the validity of the proceedings. A civil marriage anchors an ordered society by encouraging stable relationships over transient ones; it enhances the welfare of the community. In a real sense, there are three parties to every civil marriage; two willing spouses and an approving State. On marriage, the parties assume new relations to each other and the State touching nearly on every aspect of life and death. The consequences of an invalid marriage to the parties, to innocent parties and to society, are so serious that the law may well take means calculated to ensure the procurement of the most positive evidence of death of the first spouse or of the presumptive death of the absent spouse38 after the lapse of the period provided for under the law. One such means is the requirement of the declaration by a competent court of the presumptive death of an absent spouse as proof that the present spouse contracts a subsequent marriage on a well-grounded belief of the death of the first spouse. Indeed, "men readily believe what they wish to be true," is a maxim of the old jurists. To sustain a second marriage and to vacate a first because one of the parties believed the other to be dead would make the existence of the marital relation determinable, not by certain extrinsic facts, easily capable of forensic ascertainment and proof, but by the subjective condition of individuals.39 Only with such proof can marriage be treated as so dissolved as to permit second marriages.40 Thus, Article 349 of the Revised Penal Code has made the dissolution of marriage dependent not only upon the personal belief of parties, but upon certain objective facts easily capable of accurate judicial cognizance,41 namely, a judgment of the presumptive death of the absent spouse. The petitioners sole reliance on Article 390 of the Civil Code as basis for his acquittal for bigamy is misplaced. Articles 390 and 391 of the Civil Code provide Art. 390. After an absence of seven years, it being unknown whether or not, the absentee still lives, he shall be presumed dead for all purposes, except for those of succession. The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that his succession may be opened. Art. 391. The following shall be presumed dead for all purposes, including the division of the estate among the heirs: (1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for four years since the loss of the vessel or aeroplane; (2) A person in the armed forces who has taken part in war, and has been missing for four years; (3) A person who has been in danger of death under other circumstances and his existence has not been known for four years. The presumption of death of the spouse who had been absent for seven years, it being unknown whether or not the absentee still lives, is created by law and arises without any necessity of judicial declaration.42 However, Article 41 of the Family Code, which amended the foregoing rules on presumptive death, reads: Art. 41. A marriage contracted by any person during the subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior

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spouse had been absent for four consecutive years and the spouse present had a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient. For the purpose of contracting the subsequent marriage under the preceding paragraph, the spouse present must institute a summary proceeding as provided in this Court for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.43 With the effectivity of the Family Code,44 the period of seven years under the first paragraph of Article 390 of the Civil Code was reduced to four consecutive years. Thus, before the spouse present may contract a subsequent marriage, he or she must institute summary proceedings for the declaration of the presumptive death of the absentee spouse,45 without prejudice to the effect of the reappearance of the absentee spouse. As explained by this Court in Armas v. Calisterio:46 In contrast, under the 1988 Family Code, in order that a subsequent bigamous marriage may exceptionally be considered valid, the following conditions must concur, viz.: (a) The prior spouse of the contracting party must have been absent for four consecutive years, or two years where there is danger of death under the circumstances stated in Article 391 of the Civil Code at the time of disappearance; (b) the spouse present has a wellfounded belief that the absent spouse is already dead; and (c) there is, unlike the old rule, a judicial declaration of presumptive death of the absentee for which purpose the spouse present can institute a summary proceeding in court to ask for that declaration. The last condition is consistent and in consonance with the requirement of judicial intervention in subsequent marriages as so provided in Article 41, in relation to Article 40, of the Family Code. The Court rejects petitioners contention that the requirement of instituting a petition for declaration of presumptive death under Article 41 of the Family Code is designed merely to enable the spouse present to contract a valid second marriage and not for the acquittal of one charged with bigamy. Such provision was designed to harmonize civil law and Article 349 of the Revised Penal Code, and put to rest the confusion spawned by the rulings of this Court and comments of eminent authorities on Criminal Law. As early as March 6, 1937, this Court ruled in Jones v. Hortiguela47 that, for purposes of the marriage law, it is not necessary to have the former spouse judicially declared an absentee before the spouse present may contract a subsequent marriage. It held that the declaration of absence made in accordance with the provisions of the Civil Code has for its sole purpose the taking of the necessary precautions for the administration of the estate of the absentee. For the celebration of civil marriage, however, the law only requires that the former spouse had been absent for seven consecutive years at the time of the second marriage, that the spouse present does not know his or her former spouse to be living, that such former spouse is generally reputed to be dead and the spouse present so believes at the time of the celebration of the marriage.48 In In Re Szatraw,49 the Court declared that a judicial declaration that a person is presumptively dead, because he or she had been unheard from in seven years, being a presumption juris tantum only, subject to contrary proof, cannot reach the stage of finality or become final; and that proof of actual death of the person presumed dead being unheard from in seven years, would have to be made in another proceeding to have such particular fact finally determined. The Court ruled that if a judicial decree declaring a person presumptively dead because he or she had not been heard from in seven years cannot become final and executory even after the lapse of the reglementary period within which an appeal may be taken, for such presumption is still disputable and remains subject to contrary proof, then a petition for such a declaration is useless, unnecessary, superfluous and of no benefit to the petitioner. The Court stated that it should not

waste its valuable time and be made to perform a superfluous and meaningless act.50 The Court also took note that a petition for a declaration of the presumptive death of an absent spouse may even be made in collusion with the other spouse. In Lukban v. Republic of the Philippines,51 the Court declared that the words "proper proceedings" in Article 349 of the Revised Penal Code can only refer to those authorized by law such as Articles 390 and 391 of the Civil Code which refer to the administration or settlement of the estate of a deceased person. In Gue v. Republic of the Philippines,52 the Court rejected the contention of the petitioner therein that, under Article 390 of the Civil Code, the courts are authorized to declare the presumptive death of a person after an absence of seven years. The Court reiterated its rulings in Szatraw, Lukban and Jones. Former Chief Justice Ramon C. Aquino was of the view that "the provision of Article 349 or "before the absent spouse has been declared presumptively dead by means of a judgment reached in the proper proceedings" is erroneous and should be considered as not written. He opined that such provision presupposes that, if the prior marriage has not been legally dissolved and the absent first spouse has not been declared presumptively dead in a proper court proceedings, the subsequent marriage is bigamous. He maintains that the supposition is not true.53A second marriage is bigamous only when the circumstances in paragraphs 1 and 2 of Article 83 of the Civil Code are not present.54 Former Senator Ambrosio Padilla was, likewise, of the view that Article 349 seems to require judicial decree of dissolution or judicial declaration of absence but even with such decree, a second marriage in good faith will not constitute bigamy. He posits that a second marriage, if not illegal, even if it be annullable, should not give rise to bigamy.55 Former Justice Luis B. Reyes, on the other hand, was of the view that in the case of an absent spouse who could not yet be presumed dead according to the Civil Code, the spouse present cannot be charged and convicted of bigamy in case he/she contracts a second marriage.56 The Committee tasked to prepare the Family Code proposed the amendments of Articles 390 and 391 of the Civil Code to conform to Article 349 of the Revised Penal Code, in that, in a case where a spouse is absent for the requisite period, the present spouse may contract a subsequent marriage only after securing a judgment declaring the presumptive death of the absent spouse to avoid being charged and convicted of bigamy; the present spouse will have to adduce evidence that he had a well-founded belief that the absent spouse was already dead.57 Such judgment is proof of the good faith of the present spouse who contracted a subsequent marriage; thus, even if the present spouse is later charged with bigamy if the absentee spouse reappears, he cannot be convicted of the crime. As explained by former Justice Alicia Sempio-Diy: Such rulings, however, conflict with Art. 349 of the Revised Penal Code providing that the present spouse must first ask for a declaration of presumptive death of the absent spouse in order not to be guilty of bigamy in case he or she marries again. The above Article of the Family Code now clearly provides that for the purpose of the present spouse contracting a second marriage, he or she must file a summary proceeding as provided in the Code for the declaration of the presumptive death of the absentee, without prejudice to the latters reappearance. This provision is intended to protect the present spouse from a criminal prosecution for bigamy under Art. 349 of the Revised Penal Code because with the judicial declaration that the missing spouses presumptively dead, the good faith of the present spouse in contracting a second marriage is already established.58 Of the same view is former Dean Ernesto L. Pineda (now Undersecretary of Justice) who wrote that things are now clarified. He says judicial declaration of presumptive death is now authorized for purposes of remarriage. The present spouse must institute a summary proceeding for declaration of presumptive death of the absentee, where the ordinary rules of procedure in trial will not be followed. Affidavits will suffice, with possible clarificatory examinations of affiants if the Judge finds it necessary for a full

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grasp of the facts. The judgment declaring an absentee as presumptively dead is without prejudice to the effect of reappearance of the said absentee. Dean Pineda further states that before, the weight of authority is that the clause "before the absent spouse has been declared presumptively dead x x x" should be disregarded because of Article 83, paragraph 3 of the Civil Code. With the new law, there is a need to institute a summary proceeding for the declaration of the presumptive death of the absentee, otherwise, there is bigamy.59 According to Retired Supreme Court Justice Florenz D. Regalado, an eminent authority on Criminal Law, in some cases where an absentee spouse is believed to be dead, there must be a judicial declaration of presumptive death, which could then be made only in the proceedings for the settlement of his estate.60 Before such declaration, it was held that the remarriage of the other spouse is bigamous even if done in good faith.61 Justice Regalado opined that there were contrary views because of the ruling in Jones and the provisions of Article 83(2) of the Civil Code, which, however, appears to have been set to rest by Article 41 of the Family Code, "which requires a summary hearing for the declaration of presumptive death of the absent spouse before the other spouse can remarry." Under Article 238 of the Family Code, a petition for a declaration of the presumptive death of an absent spouse under Article 41 of the Family Code may be filed under Articles 239 to 247 of the same Code.62 On the second issue, the petitioner, likewise, faults the trial court and the CA for awarding moral damages in favor of the private complainant. The petitioner maintains that moral damages may be awarded only in any of the cases provided in Article 2219 of the Civil Code, and bigamy is not one of them. The petitioner asserts that the appellate court failed to apply its ruling in People v. Bondoc,63 where an award of moral damages for bigamy was disallowed. In any case, the petitioner maintains, the private complainant failed to adduce evidence to prove moral damages. The appellate court awarded moral damages to the private complainant on its finding that she adduced evidence to prove the same. The appellate court ruled that while bigamy is not included in those cases enumerated in Article 2219 of the Civil Code, it is not proscribed from awarding moral damages against the petitioner. The appellate court ruled that it is not bound by the following ruling in People v. Bondoc: ... Pero si en dichos asuntos se adjudicaron daos, ello se debi indedublamente porque el articulo 2219 del Cdigo Civil de Filipinas autoriza la adjudicacin de daos morales en los delitos de estupro, rapto, violacin, adulterio o concubinato, y otros actos lascivos, sin incluir en esta enumeracin el delito de bigamia. No existe, por consiguiente, base legal para adjudicar aqu los daos de P5,000.00 arriba mencionados.64 The OSG posits that the findings and ruling of the CA are based on the evidence and the law. The OSG, likewise, avers that the CA was not bound by its ruling in People v. Rodeo. The Court rules against the petitioner. Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendants wrongful act or omission.65 An award for moral damages requires the confluence of the following conditions: first, there must be an injury, whether physical, mental or psychological, clearly sustained by the claimant; second, there must be culpable act or omission factually established; third, the wrongful act or omission of the defendant is the proximate cause of the injury sustained by the claimant; and fourth, the award of damages is predicated on any of the cases stated in Article 2219 or Article 2220 of the Civil Code.66

Moral damages may be awarded in favor of the offended party only in criminal cases enumerated in Article 2219, paragraphs 1, 3, 4, 5 and 7 of the Civil Code and analogous cases, viz.: Art. 2219. Moral damages may be recovered in the following and analogous cases. (1) A criminal offense resulting in physical injuries; (2) Quasi-delicts causing physical injuries; (3) Seduction, abduction, rape, or other lascivious acts; (4) Adultery or concubinage; (5) Illegal or arbitrary detention or arrest; (6) Illegal search; (7) Libel, slander or any other form of defamation; (8) Malicious prosecution; (9) Acts mentioned in article 309; (10) Acts and actions referred to in articles 21, 26, 27, 28, 29, 30, 32, 34 and 35. The parents of the female seduced, abducted, raped, or abused, referred to in No. 3 of this article, may also recover moral damages. The spouse, descendants, ascendants, and brothers and sisters may bring the action mentioned in No. 9 of this article in the order named. Thus, the law does not intend that moral damages should be awarded in all cases where the aggrieved party has suffered mental anguish, fright, moral anxieties, besmirched reputation, wounded feelings, moral shock, social humiliation and similar injury arising out of an act or omission of another, otherwise, there would not have been any reason for the inclusion of specific acts in Article 221967 and analogous cases (which refer to those cases bearing analogy or resemblance, corresponds to some others or resembling, in other respects, as in form, proportion, relation, etc.)68 Indeed, bigamy is not one of those specifically mentioned in Article 2219 of the Civil Code in which the offender may be ordered to pay moral damages to the private complainant/offended party. Nevertheless, the petitioner is liable to the private complainant for moral damages under Article 2219 in relation to Articles 19, 20 and 21 of the Civil Code. According to Article 19, "every person must, in the exercise of his rights and in the performance of his act with justice, give everyone his due, and observe honesty and good faith." This provision contains what is commonly referred to as the principle of abuse of rights, and sets certain standards which must be observed not only in the exercise of ones rights but also in the performance of ones duties. The standards are the following: act with justice; give everyone his due; and observe honesty and good faith. The elements for abuse of rights are: (a) there is a legal right or duty; (b) exercised in bad faith; and (c) for the sole intent of prejudicing or injuring another.69 Article 20 speaks of the general sanctions of all other provisions of law which do not especially provide for its own sanction. When a right is exercised in a manner which does not conform to the standards set forth in the said provision and results in damage to another, a legal wrong is thereby committed for which the wrongdoer must be responsible.70 If the provision does not provide a remedy for its violation, an action for damages under

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either Article 20 or Article 21 of the Civil Code would be proper. Article 20 provides that "every person who, contrary to law, willfully or negligently causes damage to another shall indemnify the latter for the same." On the other hand, Article 21 provides that "any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for damages." The latter provision is adopted to remedy "the countless gaps in the statutes which leave so many victims of moral wrongs helpless, even though they have actually suffered material and moral injury should vouchsafe adequate legal remedy for that untold number of moral wrongs which it is impossible for human foresight to prove for specifically in the statutes." Whether or not the principle of abuse of rights has been violated resulting in damages under Article 20 or Article 21 of the Civil Code or other applicable provisions of law depends upon the circumstances of each case.71 In the present case, the petitioner courted the private complainant and proposed to marry her. He assured her that he was single. He even brought his parents to the house of the private complainant where he and his parents made the same assurance that he was single. Thus, the private complainant agreed to marry the petitioner, who even stated in the certificate of marriage that he was single. She lived with the petitioner and dutifully performed her duties as his wife, believing all the while that he was her lawful husband. For two years or so until the petitioner heartlessly abandoned her, the private complainant had no inkling that he was already married to another beforethey were married. Thus, the private complainant was an innocent victim of the petitioners chicanery and heartless deception, the fraud consisting not of a single act alone, but a continuous series of acts. Day by day, he maintained the appearance of being a lawful husband to the private complainant, who changed her status from a single woman to a married woman, lost the consortium, attributes and support of a single man she could have married lawfully and endured mental pain and humiliation, being bound to a man who it turned out was not her lawful husband.72 The Court rules that the petitioners collective acts of fraud and deceit before, during and after his marriage with the private complainant were willful, deliberate and with malice and caused injury to the latter. That she did not sustain any physical injuries is not a bar to an award for moral damages. Indeed, in Morris v. Macnab,73 the New Jersey Supreme Court ruled: xxx The defendant cites authorities which indicate that, absent physical injuries, damages for shame, humiliation, and mental anguish are not recoverable where the actor is simply negligent. See Prosser, supra, at p. 180; 2 Harper & James, Torts, 1031 (1956). But the authorities all recognize that where the wrong is willful rather than negligent, recovery may be had for the ordinary, natural, and proximate consequences though they consist of shame, humiliation, and mental anguish. See Spiegel v. Evergreen Cemetery Co., 117 NJL 90, 94, 186 A 585 (Sup. Ct. 1936); Kuzma v. Millinery Workers, etc., Local 24, 27 N.J. Super, 579, 591, 99 A.2d 833 (App. Div. 1953); Prosser, supra, at p. 38. Here the defendants conduct was not merely negligent, but was willfully and maliciously wrongful. It was bound to result in shame, humiliation, and mental anguish for the plaintiff, and when such result did ensue the plaintiff became entitled not only to compensatory but also to punitive damages. See Spiegel v. Evergreen Cemetery Co., supra; Kuzma v Millinery Workers, etc., Local 24, supra. CF. Note, "Exemplary Damages in the Law of Torts," 70 Harv. L. Rev. 517 (1957). The plaintiff testified that because of the defendants bigamous marriage to her and the attendant publicity she not only was embarrassed and "ashamed to go out" but "couldnt sleep" but "couldnt eat," had te rrific headaches" and "lost quite a lot of weight." No just basis appears for judicial interference with the jurys reasonable allowance of $1,000 punitive damages on the first count. See Cabakov v. Thatcher, 37 N.J. Super 249, 117 A.2d 298 (App. Div.74 1955).

The Court thus declares that the petitioners acts are against public policy as they undermine and subvert the family as a social institution, good morals and the interest and general welfare of society. Because the private complainant was an innocent victim of the petitioners perfidy, she is not barred from claiming moral damages. Besides, even considerations of public policy would not prevent her from recovery. As held inJekshewitz v. Groswald:75 Where a person is induced by the fraudulent representation of another to do an act which, in consequence of such misrepresentation, he believes to be neither illegal nor immoral, but which is in fact a criminal offense, he has a right of action against the person so inducing him for damages sustained by him in consequence of his having done such act. Burrows v. Rhodes, [1899] 1 Q.B. 816. In Cooper v. Cooper, 147 Mass. 370, 17 N.E. 892, 9 Am. St. Rep. 721, the court said that a false representation by the defendant that he was divorced from his former wife, whereby the plaintiff was induced to marry him, gave her a remedy in tort for deceit. It seems to have been assumed that the fact that she had unintentionally violated the law or innocently committed a crime by cohabiting with him would be no bar to the action, but rather that it might be a ground for enhancing her damages. The injury to the plaintiff was said to be in her being led by the promise to give the fellowship and assistance of a wife to one who was not her husband and to assume and act in a relation and condition that proved to be false and ignominious. Damages for such an injury were held to be recoverable in Sherman v. Rawson, 102 Mass. 395 and Kelley v. Riley, 106 Mass. 339, 343, 8 Am. Rep. 336. Furthermore, in the case at bar the plaintiff does not base her cause of action upon any transgression of the law by herself but upon the defendants misrepresentation. The criminal relations which followed, innocently on her part, were but one of the incidental results of the defendants fraud for which damages may be assessed. [7] Actions for deceit for fraudulently inducing a woman to enter into the marriage relation have been maintained in other jurisdictions. Sears v. Wegner, 150 Mich. 388, 114 N.W. 224, 17 L.R. A. (N.S.) 819; Larson v. McMillan, 99 Wash. 626, 170 P. 324; Blossom v. Barrett, 37 N.Y. 434, 97 Am. Dec. 747; Morril v. Palmer, 68 Vt. 1, 33 A. 829, 33 L.R.A. 411. Considerations of public policy would not prevent recovery where the circumstances are such that the plaintiff was conscious of no moral turpitude, that her illegal action was induced solely by the defendants misrepresentation, and that she does not base her cause of action upon any transgression of the law by herself. Such considerations distinguish this case from cases in which the court has refused to lend its aid to the enforcement of a contract illegal on its face or to one who has consciously and voluntarily become a party to an illegal act upon which the cause of action is founded. Szadiwicz v. Cantor, 257 Mass. 518, 520, 154 N.E. 251, 49 A. L. R. 958.76 Considering the attendant circumstances of the case, the Court finds the award of P200,000.00 for moral damages to be just and reasonable. IN LIGHT OF ALL THE FOREGOING, the petition is DENIED. The assailed decision of the Court of Appeals isAFFIRMED. Costs against the petitioner. SO ORDERED.

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G.R. No. 159614 December 9, 2005 REPUBLIC OF THE PHILIPPINES, Petitioner, vs. THE HONORABLE COURT OF APPEALS (TENTH DIVISION), and ALAN B. ALEGRO, Respondents. DECISION CALLEJO, SR., J.: On March 29, 2001, Alan B. Alegro filed a petition in the Regional Trial Court (RTC) of Catbalogan, Samar, Branch 27, for the declaration of presumptive death of his wife, Rosalia (Lea) A. Julaton. In an Order1 dated April 16, 2001, the court set the petition for hearing on May 30, 2001 at 8:30 a.m. and directed that a copy of the said order be published once a week for three (3) consecutive weeks in the Samar Reporter, a newspaper of general circulation in the Province of Samar, and that a copy be posted in the courts bulletin board for at least three weeks before the next scheduled hearing. The court also directed that copies of the order be served on the Solicitor General, the Provincial Prosecutor of Samar, and Alan, through counsel, and that copies be sent to Lea by registered mail. Alan complied with all the foregoing jurisdictional requirements.2 On May 28, 2001, the Republic of the Philippines, through the Office of the Solicitor General (OSG), filed a Motion to Dismiss3 the petition, which was, however, denied by the court for failure to comply with Rule 15 of the Rules of Court.4 At the hearing, Alan adduced evidence that he and Lea were married on January 20, 1995 in Catbalogan, Samar.5 He testified that, on February 6, 1995, Lea arrived home late in the evening and he berated her for being always out of their house. He told her that if she enjoyed the life of a single person, it would be better for her to go back to her parents.6 Lea did not reply. Alan narrated that, when he reported for work the following day, Lea was still in the house, but when he arrived home later in the day, Lea was nowhere to be found.7 Alan thought that Lea merely went to her parents house in Bliss, Sto. Nio, Catbalogan, Samar.8 However, Lea did not return to their house anymore. Alan further testified that, on February 14, 1995, after his work, he went to the house of Leas parents to see if she was there, but he was told that she was not there. He also went to the house of Leas friend, Janeth Bautista, atBarangay Canlapwas, but he was informed by Janettes brother-in-law, Nelson Abaenza, that Janeth had left for Manila.9 When Alan went back to the house of his parents-in-law, he learned from his father-in-law that Lea had been to their house but that she left without notice.10 Alan sought the help of Barangay Captain Juan Magat, who promised to help him locate his wife. He also inquired from his friends of Leas whereabouts but to no avail.11 Sometime in June 1995, he decided to go to Manila to look for Lea, but his mother asked him to leave after the town fiesta of Catbalogan, hoping that Lea may come home for the fiesta. Alan agreed.12 However, Lea did not show up. Alan then left for Manila on August 27, 1995. He went to a house in Navotas where Janeth, Leas friend, was staying. When asked where Lea was, Janeth told him that she had not seen her.13 He failed to find out Leas whereabouts despite his repeated talks with Janeth. Alan decided to work as a part-time taxi driver. On his free time, he would look for Lea in the malls but still to no avail. He returned to Catbalogan in 1997 and again looked for his wife but failed.14 On June 20, 2001, Alan reported Leas disappearance to the local police station.15 The police authorities issued an Alarm Notice on July 4, 2001.16 Alan also reported Leas disappearance to the National Bureau of Investigation (NBI) on July 9, 2001.17 Barangay Captain Juan Magat corroborated the testimony of Alan. He declared that on February 14, 1995, at 2:00 p.m., Alan inquired from him if Lea passed by his house and he told Alan that she did not. Alan also told him that Lea had disappeared. He had not seen Lea in the barangay ever since.18 Leas father, who was his compadreand the owner of Radio DYMS, told him that he did not know where Lea was.19

After Alan rested his case, neither the Office of the Provincial Prosecutor nor the Solicitor General adduced evidence in opposition to the petition. On January 8, 2002, the court rendered judgment granting the petition. The fallo of the decision reads: WHEREFORE, and in view of all the foregoing, petitioners absent spouse ROSALIA JULATON is hereby declared PRESUMPTIVELY DEAD for the purpose of the petitioners subsequent marriage under Article 41 of the Family Code of the Philippines, without prejudice to the effect of reappearance of the said absent spouse. SO ORDERED.20 The OSG appealed the decision to the Court of Appeals (CA) which rendered judgment on August 4, 2003, affirming the decision of the RTC.21 The CA cited the ruling of this Court in Republic v. Nolasco.22 The OSG filed a petition for review on certiorari of the CAs decision alleging that respondent Alan B. Alegro failed to prove that he had a well-founded belief that Lea was already dead.23 It averred that the respondent failed to exercise reasonable and diligent efforts to locate his wife. The respondent even admitted that Leas father told him on February 14, 1995 that Lea had been to their house but left without notice. The OSG pointed out that the respondent reported his wifes disappearance to the local police and also to the NBI only after the petitioner filed a motion to dismiss the petition. The petitioner avers that, as gleaned from the evidence, the respondent did not really want to find and locate Lea. Finally, the petitioner averred: In view of the summary nature of proceedings under Article 41 of the Family Code for the declaration of presumptive death of ones spouse, the degree of due diligence set by this Honorable Court in the above-mentioned cases in locating the whereabouts of a missing spouse must be strictly complied with. There have been times when Article 41 of the Family Code had been resorted to by parties wishing to remarry knowing fully well that their alleged missing spouses are alive and well. It is even possible that those who cannot have their marriages x x x declared null and void under Article 36 of the Family Code resort to Article 41 of the Family Code for relief because of the x x x summary nature of its proceedings. It is the policy of the State to protect and strengthen the family as a basic social institution. Marriage is the foundation of the family. Since marriage is an inviolable social institution that the 1987 Constitution seeks to protect from dissolution at the whim of the parties. For respondents failure to prove that he had a wellfounded belief that his wife is already dead and that he exerted the required amount of diligence in searching for his missing wife, the petition for declaration of presumptive death should have been denied by the trial court and the Honorable Court of Appeals.24 The petition is meritorious. Article 41 of the Family Code of the Philippines reads: Art. 41. A marriage contracted by any person during the subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present had a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient. For the purpose of contracting the subsequent marriage under the preceding paragraph, the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.25 The spouse present is, thus, burdened to prove that his spouse has been absent and that he has a well-founded belief that the absent spouse is already dead before the present spouse may contract a subsequent marriage. The law does not define what is meant by a well-grounded belief. Cuello Callon writes that "es menester que su creencia sea firme se funde en motivos racionales."26

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Belief is a state of the mind or condition prompting the doing of an overt act. It may be proved by direct evidence or circumstantial evidence which may tend, even in a slight degree, to elucidate the inquiry or assist to a determination probably founded in truth. Any fact or circumstance relating to the character, habits, conditions, attachments, prosperity and objects of life which usually control the conduct of men, and are the motives of their actions, was, so far as it tends to explain or characterize their disappearance or throw light on their intentions,27competence evidence on the ultimate question of his death. The belief of the present spouse must be the result of proper and honest to goodness inquiries and efforts to ascertain the whereabouts of the absent spouse and whether the absent spouse is still alive or is already dead. Whether or not the spouse present acted on a well-founded belief of death of the absent spouse depends upon the inquiries to be drawn from a great many circumstances occurring before and after the disappearance of the absent spouse and the nature and extent of the inquiries made by present spouse.28 Although testimonial evidence may suffice to prove the wellfounded belief of the present spouse that the absent spouse is already dead, in Republic v. Nolasco,29 the Court warned against collusion between the parties when they find it impossible to dissolve the marital bonds through existing legal means. It is also the maxim that "men readily believe what they wish to be true." In this case, the respondent failed to present a witness other than Barangay Captain Juan Magat. The respondent even failed to present Janeth Bautista or Nelson Abaenza or any other person from whom he allegedly made inquiries about Lea to corroborate his testimony. On the other hand, the respondent admitted that when he returned to the house of his parents-in-law on February 14, 1995, his father-in-law told him that Lea had just been there but that she left without notice. The respondent declared that Lea left their abode on February 7, 1995 after he chided her for coming home late and for being always out of their house, and told her that it would be better for her to go home to her parents if she enjoyed the life of a single person. Lea, thus, left their conjugal abode and never returned. Neither did she communicate with the respondent after leaving the conjugal abode because of her resentment to the chastisement she received from him barely a month after their marriage. What is so worrisome is that, the respondent failed to make inquiries from his parents-in-law regarding Leas whereabouts before filing his petition in the RTC. It could have enhanced the credibility of the respondent had he made inquiries from his parents-in-law about Leas whereabouts considering that Leas father was the owner of Radio DYMS. The respondent did report and seek the help of the local police authorities and the NBI to locate Lea, but it was only an afterthought. He did so only after the OSG filed its notice to dismiss his petition in the RTC. In sum, the Court finds and so holds that the respondent failed to prove that he had a well-founded belief, before he filed his petition in the RTC, that his spouse Rosalia (Lea) Julaton was already dead. IN LIGHT OF ALL THE FOREGOING, the petition is GRANTED. The Decision of the Court of Appeals in CA-G.R. CV No. 73749 is REVERSED and SET ASIDE. Consequently, the Regional Trial Court of Catbalogan, Samar, Branch 27, is ORDERED to DISMISS the respondents petition. SO ORDERED.

G.R. No. 165545

March 24, 2006

SOCIAL SECURITY SYSTEM, Petitioner, vs. TERESITA JARQUE VDA. DE BAILON, Respondent. DECISION CARPIO MORALES,J.: The Court of Appeals Decision1 dated June 23, 20042 and Resolution dated September 28, 20043 reversing the Resolution dated April 2, 20034 and Order dated June 4, 20035 of the Social Security Commission (SSC) in SSC Case No. 4-15149-01 are challenged in the present petition for review on certiorari. On April 25, 1955, Clemente G. Bailon (Bailon) and Alice P. Diaz (Alice) contracted marriage in Barcelona, Sorsogon.6 More than 15 years later or on October 9, 1970, Bailon filed before the then Court of First Instance (CFI) of Sorsogon a petition7 to declare Alice presumptively dead. By Order of December 10, 1970,8 the CFI granted the petition, disposing as follows: WHEREFORE, there being no opposition filed against the petition notwithstanding the publication of the Notice of Hearing in a newspaper of general circulation in the country, Alice Diaz is hereby declared to [sic] all legal intents and purposes, except for those of succession, presumptively dead. SO ORDERED.9 (Underscoring supplied) Close to 13 years after his wife Alice was declared presumptively dead or on August 8, 1983, Bailon contracted marriage with Teresita Jarque (respondent) in Casiguran, Sorsogon.10 On January 30, 1998, Bailon, who was a member of the Social Security System (SSS) since 1960 and a retiree pensioner thereof effective July 1994, died.11 Respondent thereupon filed a claim for funeral benefits, and was granted P12,00012 by the SSS. Respondent filed on March 11, 1998 an additional claim for death benefits13 which was also granted by the SSS on April 6, 1998.14 Cecilia Bailon-Yap (Cecilia), who claimed to be a daughter of Bailon and one Elisa Jayona (Elisa) contested before the SSS the release to respondent of the death and funeral benefits. She claimed that Bailon contracted three marriages in his lifetime, the first with Alice, the second with her mother Elisa, and the third with respondent, all of whom are still alive; she, together with her siblings, paid for Bailons medical and funeral expenses; and all the documents submitted by respondent to the SSS in support of her claims are spurious. In support of her claim, Cecilia and her sister Norma Bailon Chavez (Norma) submitted an Affidavit dated February 13, 199915 averring that they are two of nine children of Bailon and Elisa who cohabited as husband and wife as early as 1958; and they were reserving their right to file the necessary court action to contest the marriage between Bailon and respondent as they personally know that Alice is "still very much alive."16 In the meantime, on April 5, 1999, a certain Hermes P. Diaz, claiming to be the brother and guardian of "Aliz P. Diaz," filed before the SSS a claim for death benefits accruing from Bailons death,17 he further attesting in a sworn statement18 that it was Norma who defrayed Bailons funeral expenses.

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Elisa and seven of her children19 subsequently filed claims for death benefits as Bailons beneficiaries before the SSS.20 Atty. Marites C. de la Torre of the Legal Unit of the SSS Bicol Cluster, Naga City recommended the cancellation of payment of death pension benefits to respondent and the issuance of an order for the refund of the amount paid to her from February 1998 to May 1999 representing such benefits; the denial of the claim of Alice on the ground that she was not dependent upon Bailon for support during his lifetime; and the payment of the balance of the five-year guaranteed pension to Bailons beneficiaries according to the order of preference provided under the law, after the amount erroneously paid to respondent has been collected. The pertinent portions of the Memorandum read: 1. Aliz [sic] Diaz never disappeared. The court must have been misled by misrepresentation in declaring the first wife, Aliz [sic] Diaz, as presumptively dead. xxxx x x x the Order of the court in the "Petition to Declare Alice Diaz Presumptively Dead," did not become final. The presence of Aliz [sic] Diaz, is contrary proof that rendered it invalid. xxxx 3. It was the deceased member who abandoned his wife, Aliz [sic] Diaz. He, being in bad faith, and is the deserting spouse, his remarriage is void, being bigamous. xxxx In this case, it is the deceased member who was the deserting spouse and who remarried, thus his marriage to Teresita Jarque, for the second time was void as it was bigamous. To require affidavit of reappearance to terminate the second marriage is not necessary as there is no disappearance of Aliz [sic] Diaz, the first wife, and a voidable marriage [sic], to speak of.21 (Underscoring supplied) In the meantime, the SSS Sorsogon Branch, by letter of August 16, 2000,22 advised respondent that as Cecilia and Norma were the ones who defrayed Bailons funeral expenses, she should return the P12,000 paid to her. In a separate letter dated September 7, 1999,23 the SSS advised respondent of the cancellation of her monthly pension for death benefits in view of the opinion rendered by its legal department that her marriage with Bailon was void as it was contracted while the latters marriage with Alice was still subsisting; and the December 10, 1970 CFI Order declaring Alice presumptively dead did not become final, her "presence" being "contrary proof" against the validity of the order. It thus requested respondent to return the amount of P24,000 representing the total amount of monthly pension she had received from the SSS from February 1998 to May 1999. Respondent protested the cancellation of her monthly pension for death benefits by letter to the SSS dated October 12, 1999.24 In a subsequent letter dated November 27, 199925 to the SSC, she reiterated her request for the release of her monthly pension, asserting that her marriage with Bailon was not declared before any court of justice as bigamous or unlawful, hence, it remained valid and subsisting for all legal intents and purposes as in fact Bailon designated her as his beneficiary. The SSS, however, by letter to respondent dated January 21, 2000,26 maintained the denial of her claim for and the discontinuance of payment of monthly pension. It advised her, however, that she was not deprived of her right to file a petition with the SSC.

Respondent thus filed a petition27 against the SSS before the SSC for the restoration to her of her entitlement to monthly pension. In the meantime, respondent informed the SSS that she was returning, under protest, the amount of P12,000 representing the funeral benefits she received, she alleging that Norma and her siblings "forcibly and coercively prevented her from spending any amount during Bailons wake."28 After the SSS filed its Answer29 to respondents petition, and the parties filed their respective Position Papers, one Alicia P. Diaz filed an Affidavit30 dated August 14, 2002 with the SSS Naga Branch attesting that she is the widow of Bailon; she had only recently come to know of the petition filed by Bailon to declare her presumptively dead; it is not true that she disappeared as Bailon could have easily located her, she having stayed at her parents residence in Barcelona, Sorsogon after she found out that Bailon was having an extramarital affair; and Bailon used to visit her even after their separation. By Resolution of April 2, 2003, the SSC found that the marriage of respondent to Bailon was void and, therefore, she was "just a common-law-wife." Accordingly it disposed as follows, quoted verbatim: WHEREFORE, this Commission finds, and so holds, that petitioner Teresita Jarque-Bailon is not the legitimate spouse and primary beneficiary of SSS member Clemente Bailon. Accordingly, the petitioner is hereby ordered to refund to the SSS the amount of P24,000.00 representing the death benefit she received therefrom for the period February 1998 until May 1999 as well as P12,000.00 representing the funeral benefit. The SSS is hereby ordered to pay Alice (a.k.a. Aliz) DiazBailon the appropriate death benefit arising from the demise of SSS member Clemente Bailon in accordance with Section 8(e) and (k) as well as Section 13 of the SS Law, as amended, and its prevailing rules and regulations and to inform this Commission of its compliance herewith. SO ORDERED.31 (Underscoring supplied) In so ruling against respondent, the SSC ratiocinated. After a thorough examination of the evidence at hand, this Commission comes to the inevitable conclusion that thepetitioner is not the legitimate wife of the deceased member. xxxx There is x x x ample evidence pointing to the fact that, contrary to the declaration of the then CFI of Sorsogon (10th Judicial District), the first wife never disappeared as the deceased member represented in bad faith. This Commission accords credence to the findings of the SSS contained in its Memorandum dated August 9, 1999,32revealing that Alice (a.k.a. Aliz) Diaz never left Barcelona, Sorsogon, after her separation from Clemente Bailon x x x. As the declaration of presumptive death was extracted by the deceased member using artifice and by exerting fraud upon the unsuspecting court of law, x x x it never had the effect of giving the deceased member the right to marry anew. x x x [I]t is clear that the marriage to the petitioner is void, considering that the first marriage on April 25, 1955 to Alice Diaz was not previously annulled, invalidated or otherwise dissolved during the lifetime of the parties thereto. x x x as determined through the investigation conducted by the SSS, Clemente Bailon was the abandoning spouse, not Alice Diaz Bailon. xxxx

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It having been established, by substantial evidence, that the petitioner was just a common-law wife of the deceased member, it necessarily follows that she is not entitled as a primary beneficiary, to the latters death benefit. x x x xxxx It having been determined that Teresita Jarque was not the legitimate surviving spouse and primary beneficiary of Clemente Bailon, it behooves her to refund the total amount of death benefit she received from the SSS for the period from February 1998 until May 1999 pursuant to the principle of solutio indebiti x x x Likewise, it appearing that she was not the one who actually defrayed the cost of the wake and burial of Clemente Bailon, she must return the amount of P12,000.00 which was earlier given to her by the SSS as funeral benefit.33(Underscoring supplied) Respondents Motion for Reconsideration34 having been denied by Order of June 4, 2003, she filed a petition for review35 before the Court of Appeals (CA). By Decision of June 23, 2004, the CA reversed and set aside the April 2, 2003 Resolution and June 4, 2003 Order of the SSC and thus ordered the SSS to pay respondent all the pension benefits due her. Held the CA: x x x [T]he paramount concern in this case transcends the issue of whether or not the decision of the then CFI, now RTC, declaring Alice Diaz presumptively dead has attained finality but, more importantly, whether or not the respondents SSS and Commission can validly re-evaluate the findings of the RTC, and on its own, declare the latters decision to be bereft of any basis . On similar import, can respondents SSS and Commission validly declare the first marriage subsisting and the second marriage null and void? xxxx x x x while it is true that a judgment declaring a person presumptively dead never attains finality as the finding that "the person is unheard of in seven years is merely a presumption juris tantum," the second marriage contracted by a person with an absent spouse endures until annulled. It is only the competent court that can nullify the second marriage pursuant to Article 87 of the Civil Code and upon the reappearance of the missing spouse, which action for annulment may be filed. Nowhere does the law contemplates [sic] the possibility that respondent SSS may validly declare the second marriage null and void on the basis alone of its own investigation and declare that the decision of the RTC declaring one to be presumptively dead is without basis. Respondent SSS cannot arrogate upon itself the authority to review the decision of the regular courts under the pretext of determining the actual and lawful beneficiaries of its members. Notwithstanding its opinion as to the soundness of the findings of the RTC, it should extend due credence to the decision of the RTC absent of [sic] any judicial pronouncement to the contrary. x x x x x x [A]ssuming arguendo that respondent SSS actually possesses the authority to declare the decision of the RTC to be without basis, the procedure it followed was offensive to the principle of fair play and thus its findings are of doubtful quality considering that petitioner Teresita was not given ample opportunity to present evidence for and her behalf. xxxx Respondent SSS is correct in stating that the filing of an Affidavit of Reappearance with the Civil Registry is no longer practical under the premises. Indeed, there is no more first marriage to restore as the marital bond between Alice Diaz and Clemente Bailon was already terminated upon the latters death. Neither is

there a second marriage to terminate because the second marriage was likewise dissolved by the death of Clemente Bailon. However, it is not correct to conclude that simply because the filing of the Affidavit of Reappearance with the Civil Registry where parties to the subsequent marriage reside is already inutile, the respondent SSS has now the authority to review the decision of the RTC and consequently declare the second marriage null and void.36(Emphasis and underscoring supplied) The SSC and the SSS separately filed their Motions for Reconsideration37 which were both denied for lack of merit. Hence, the SSS present petition for review on certiorari38 anchored on the following grounds: I THE DECISION OF THE HONORABLE COURT OF APPEALS IS CONTRARY TO LAW. II THE HONORABLE COURT OF APPEALS GRAVELY ABUSED ITS DISCRETION AMOUNTING TO LACK OF JURISDICTION.39 The SSS faults the CA for failing to give due consideration to the findings of facts of the SSC on the prior and subsisting marriage between Bailon and Alice; in disregarding the authority of the SSC to determine to whom, between Alice and respondent, the death benefits should be awarded pursuant to Section 5 40 of the Social Security Law; and in declaring that the SSS did not give respondent due process or ample opportunity to present evidence in her behalf. The SSS submits that "the observations and findings relative to the CFI proceedings are of no moment to the present controversy, as the same may be considered only as obiter dicta in view of the SSCs finding of the existence of a prior and subsisting marriage between Bailon and Alice by virtue of which Alice has a better right to the death benefits."41 The petition fails. That the SSC is empowered to settle any dispute with respect to SSS coverage, benefits and contributions, there is no doubt. In so exercising such power, however, it cannot review, much less reverse, decisions rendered by courts of law as it did in the case at bar when it declared that the December 10, 1970 CFI Order was obtained through fraud and subsequently disregarded the same, making its own findings with respect to the validity of Bailon and Alices marriage on the one hand and the invalidity of Bailon and respondents marriage on the other. In interfering with and passing upon the CFI Order, the SSC virtually acted as an appellate court. The law does not give the SSC unfettered discretion to trifle with orders of regular courts in the exercise of its authority to determine the beneficiaries of the SSS. The two marriages involved herein having been solemnized prior to the effectivity on August 3, 1988 of the Family Code, the applicable law to determine their validity is the Civil Code which was the law in effect at the time of their celebration.42 Article 83 of the Civil Code43 provides: Art. 83. Any marriage subsequently contracted by any person during the lifetime of the first spouse of such person with any person other than such first spouse shall be illegal and void from its performance, unless: (1) The first marriage was annulled or dissolved; or

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(2) The first spouse had been absent for seven consecutive years at the time of the second marriage without the spouse present having news of the absentee being alive, or if the absentee, though he has been absent for less than seven years, is generally considered as dead and believed to be so by the spouse present at the time of contracting such subsequent marriage, or if the absentee is presumed dead according to Articles 390 and 391. The marriage so contracted shall be valid in any of the three cases until declared null and void by a competent court. (Emphasis and underscoring supplied) Under the foregoing provision of the Civil Code, a subsequent marriage contracted during the lifetime of the first spouse is illegal and void ab initio unless the prior marriage is first annulled or dissolved or contracted under any of the three exceptional circumstances. It bears noting that the marriage under any of these exceptional cases is deemed valid "until declared null and void by a competent court." It follows that the onus probandi in these cases rests on the party assailing the second marriage.44 In the case at bar, as found by the CFI, Alice had been absent for 15 consecutive years45 when Bailon sought the declaration of her presumptive death, which judicial declaration was not even a requirement then for purposes of remarriage.46 Eminent jurist Arturo M. Tolentino (now deceased) commented: Where a person has entered into two successive marriages, a presumption arises in favor of the validity of the second marriage, and the burden is on the party attacking the validity of the second marriage to prove that the first marriage had not been dissolved; it is not enough to prove the first marriage, for it must also be shown that it had not ended when the second marriage was contracted. The presumption in favor of the innocence of the defendant from crime or wrong and of the legality of his second marriage, will prevail over the presumption of the continuance of life of the first spouse or of the continuance of the marital relation with such first spouse.47(Underscoring supplied) Under the Civil Code, a subsequent marriage being voidable,48 it is terminated by final judgment of annulment in a case instituted by the absent spouse who reappears or by either of the spouses in the subsequent marriage. Under the Family Code, no judicial proceeding to annul a subsequent marriage is necessary. Thus Article 42 thereof provides: Art. 42. The subsequent marriage referred to in the preceding Article shall be automatically terminated by therecording of the affidavit of reappearance of the absent spouse, unless there is a judgment annulling the previous marriage or declaring it void ab initio. A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry of the residence of the parties to the subsequent marriage at the instance of any interested person, with due notice to the spouses of the subsequent marriage and without prejudice to the fact of reappearance being judicially determined in case such fact is disputed. (Emphasis and underscoring supplied) The termination of the subsequent marriage by affidavit provided by the above-quoted provision of the Family Code does not preclude the filing of an action in court to prove the reappearance of the absentee and obtain a declaration of dissolution or termination of the subsequent marriage.49 If the absentee reappears, but no step is taken to terminate the subsequent marriage, either by affidavit or by court action, such absentees mere reappearance, even if made known to the spouses in the subsequent marriage, will not terminate such marriage.50 Since the second marriage has been contracted

because of a presumption that the former spouse is dead, such presumption continues inspite of the spouses physical reappearance, and by fiction of law, he or she must still be regarded as legally an absentee until the subsequent marriage is terminated as provided by law.51 If the subsequent marriage is not terminated by registration of an affidavit of reappearance or by judicial declaration but by death of either spouse as in the case at bar, Tolentino submits: x x x [G]enerally if a subsequent marriage is dissolved by the death of either spouse, the effects of dissolution of valid marriages shall arise. The good or bad faith of either spouse can no longer be raised, because, as in annullable or voidable marriages, the marriage cannot be questioned except in a direct action for annulment.52(Underscoring supplied) Similarly, Lapuz v. Eufemio53 instructs: In fact, even if the bigamous marriage had not been void ab initio but only voidable under Article 83, paragraph 2, of the Civil Code, because the second marriage had been contracted with the first wife having been an absentee for seven consecutive years, or when she had been generally believed dead, still the action for annulment became extinguished as soon as one of the three persons involved had died, as provided in Article 87, paragraph 2, of the Code, requiring that the action for annulment should be brought during the lifetime of any one of the parties involved. And furthermore, the liquidation of any conjugal partnership that might have resulted from such voidable marriage must be carried out "in the testate or intestate proceedings of the deceased spouse," as expressly provided in Section 2 of the Revised Rule 73, and not in the annulment proceeding.54 (Emphasis and underscoring supplied) It bears reiterating that a voidable marriage cannot be assailed collaterally except in a direct proceeding. Consequently, such marriages can be assailed only during the lifetime of the parties and not after the death of either, in which case the parties and their offspring will be left as if the marriage had been perfectly valid.55 Upon the death of either, the marriage cannot be impeached, and is made good ab initio.56 In the case at bar, as no step was taken to nullify, in accordance with law, Bailons and respondents marriage prior to the formers death in 1998, respondent is rightfully the dependent spouse-beneficiary of Bailon. In light of the foregoing discussions, consideration of the other issues raised has been rendered unnecessary. WHEREFORE, the petition is DENIED. No costs. SO ORDERED.

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G.R. No. 180863

September 8, 2009

provisions of the Family Code will impair the rights petitioner had acquired under the Civil Code. The RTC denied the Motion for Reconsideration in a Resolution dated December 10, 2007.7 Petitioner now comes before this Court seeking the reversal of the RTC Decision and Motion for Reconsideration. In its Manifestation and Motion,8 the Office of the Solicitor General (OSG) recommended that the Court set aside the assailed RTC Decision and grant the Petition to declare Sofio presumptively dead. The OSG argues that the requirement of "well-founded belief" under Article 41 of the Family Code is not applicable to the instant case. It said that petitioner could not be expected to comply with this requirement because it was not yet in existence during her marriage to Virgilio Reyes in 1985. The OSG further argues that before the effectivity of the Family Code, petitioner already acquired a vested right as to the validity of her marriage to Virgilio Reyes based on the presumed death of Sofio under the Civil Code. This vested right and the presumption of Sofios death, the OSG posits, could not be affected by the obligations created under the Family Code.9 Next, the OSG contends that Article 390 of the Civil Code was not repealed by Article 41 of the Family Code.10Title XIV of the Civil Code, the OSG said, was not one of those expressly repealed by the Family Code. Moreover, Article 256 of the Family Code provides that its provisions shall not be retroactively applied if they will prejudice or impair vested or acquired rights.11 The RTC Decision, insofar as it dismissed the Petition, is affirmed. However, we must state that we are denying the Petition on grounds different from those cited in the RTC Decision. Initially, we discuss a procedural issue. Under the Rules of Court, a party may directly appeal to this Court from a decision of the trial court only on pure questions of law. A question of law lies, on one hand, when the doubt or difference arises as to what the law is on a certain set of facts; on the other hand, a question of fact exists when the doubt or difference arises as to the truth or falsehood of the alleged facts. Here, the facts are not disputed; the controversy merely relates to the correct application of the law or jurisprudence to the undisputed facts.12 The RTC erred in applying the provisions of the Family Code and holding that petitioner needed to prove a "well-founded belief" that Sofio was already dead. The RTC applied Article 41 of the Family Code, to wit: Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient. For the purpose of contracting a subsequent marriage under the preceding paragraph, the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse. It is readily apparent, however, that the marriages of petitioner to Sofio and Virgilio on January 11, 1971 and June 20, 1985, respectively, were both celebrated under the auspices of the Civil Code. The pertinent provision of the Civil Code is Article 83: Art. 83. Any marriage subsequently contracted by any person during the lifetime of the first spouse of such person with any

ANGELITA VALDEZ, Petitioner, vs. REPUBLIC OF THE PHILIPPINES, Respondent. DECISION NACHURA, J.: Before this Court is a Petition for Review on Certiorari under Rule 45 of the Rules of Court assailing the Decision of the Regional Trial Court (RTC) of Camiling, Tarlac dated November 12, 2007 dismissing petitioner Angelita Valdezs petition for the declaration of presumptive death of her husband, Sofio Polborosa (Sofio). The facts of the case are as follows: Petitioner married Sofio on January 11, 1971 in Pateros, Rizal. On December 13, 1971, petitioner gave birth to the spouses only child, Nancy. According to petitioner, she and Sofio argued constantly because the latter was unemployed and did not bring home any money. In March 1972, Sofio left their conjugal dwelling. Petitioner and their child waited for him to return but, finally, in May 1972, petitioner decided to go back to her parents home in Bancay 1st, Camiling, Tarlac. Three years passed without any word from Sofio. In October 1975, Sofio showed up at Bancay 1st. He and petitioner talked for several hours and they agreed to separate. They executed a document to that effect.1 That was the last time petitioner saw him. After that, petitioner didnt hear any news of Sofio, his whereabouts or even if he was alive or not.2 Believing that Sofio was already dead, petitioner married Virgilio Reyes on June 20, 1985.3 Subsequently, however, Virgilios application for naturalization filed with the United States Department of Homeland Security was denied because petitioners marriage to Sofio was subsisting.4 Hence, on March 29, 2007, petitioner filed a Petition before the RTC of Camiling, Tarlac seeking the declaration of presumptive death of Sofio. The RTC rendered its Decision5 on November 12, 2007, dismissing the Petition for lack of merit. The RTC held that Angelita "was not able to prove the well-grounded belief that her husband Sofio Polborosa was already dead." It said that under Article 41 of the Family Code, the present spouse is burdened to prove that her spouse has been absent and that she has a wellfounded belief that the absent spouse is already dead before the present spouse may contract a subsequent marriage. This belief, the RTC said, must be the result of proper and honest-togoodness inquiries and efforts to ascertain the whereabouts of the absent spouse. The RTC found that, by petitioners own admission, she did not try to find her husband anymore in light of their mutual agreement to live separately. Likewise, petitioners daughter testified that her mother prevented her from looking for her father. The RTC also said there is a strong possibility that Sofio is still alive, considering that he would have been only 61 years old by then, and people who have reached their 60s have not become increasingly low in health and spirits, and, even assuming as true petitioners testimony that Sofio was a chain smoker and a drunkard, there is no evidence that he continues to drink and smoke until now. Petitioner filed a motion for reconsideration.6 She argued that it is the Civil Code that applies in this case and not the Family Code since petitioners marriage to Sofio was celebrated on January 11, 1971, long before the Family Code took effect. Petitioner further argued that she had acquired a vested right under the provisions of the Civil Code and the stricter provisions of the Family Code should not be applied against her because Title XIV of the Civil Code, where Articles 384 and 390 on declaration of absence and presumption of death, respectively, can be found, was not expressly repealed by the Family Code. To apply the stricter

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person other than such first spouse shall be illegal and void from its performance, unless: (1) The first marriage was annulled or dissolved; or (2) The first spouse had been absent for seven consecutive years at the time of the second marriage without the spouse present having news of the absentee being alive, of if the absentee, though he has been absent for less than seven years, is generally considered as dead and believed to be so by the spouse present at the time of contracting such subsequent marriage, or if the absentee is presumed dead according to Articles 390 and 391. The marriage so contracted shall be valid in any of the three cases until declared null and void by a competent court. Article 390 of the Civil Code states: Art. 390. After an absence of seven years, it being unknown whether or not the absentee still lives, he shall be presumed dead for all purposes, except for those of succession. The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that his succession may be opened. The Court, on several occasions, had interpreted the abovequoted provision in this wise: For the purposes of the civil marriage law, it is not necessary to have the former spouse judicially declared an absentee. The declaration of absence made in accordance with the provisions of the Civil Code has for its sole purpose to enable the taking of the necessary precautions for the administration of the estate of the absentee. For the celebration of civil marriage, however, the law only requires that the former spouse has been absent for seven consecutive years at the time of the second marriage, that the spouse present does not know his or her former spouse to be living, that such former spouse is generally reputed to be dead and the spouse present so believes at the time of the celebration of the marriage.13 Further, the Court explained that presumption of death cannot be the subject of court proceedings independent of the settlement of the absentees estate. In re Szatraw14 is instructive. In that case, petitioner contracted marriage with a Polish national in 1937. They lived together as husband and wife for three years. Sometime in 1940, the husband, on the pretext of visiting some friends, left the conjugal abode with their child and never returned. After inquiring from friends, petitioner found that her husband went to Shanghai, China. However, friends who came from Shanghai told her that the husband was not seen there. In 1948, petitioner filed a petition for the declaration of presumptive death of her husband arguing that since the latter had been absent for more than seven years and she had not heard any news from him and about her child, she believes that he is dead. In deciding the case, the Court said: The petition is not for the settlement of the estate of Nicolai Szatraw, because it does not appear that he possessed property brought to the marriage and because he had acquired no property during his married life with the petitioner. The rule invoked by the latter is merely one of evidence which permits the court to presume that a person is dead after the fact that such person had been unheard from in seven years had been established. This presumption may arise and be invoked and made in a case, either in an action or in a special proceeding, which is tried or heard by, and submitted for decision to, a competent court. Independently of such an action or special proceeding, the presumption of death cannot be invoked, nor can it be made the subject of an action or special proceeding. In this

case, there is no right to be enforced nor is there a remedy prayed for by the petitioner against her absent husband. Neither is there a prayer for the final determination of his right or status or for the ascertainment of a particular fact (Hagans v. Wislizenus, 42 Phil. 880), for the petition does not pray for a declaration that the petitioner's husband is dead, but merely asks for a declaration that he be presumed dead because he had been unheard from in seven years. If there is any pretense at securing a declaration that the petitioner's husband is dead, such a pretension cannot be granted because it is unauthorized. The petition is for a declaration that the petitioner's husband is presumptively dead. But this declaration, even if judicially made, would not improve the petitioner's situation, because such a presumption is already established by law. A judicial pronouncement to that effect, even if final and executory, would still be a prima facie presumption only. It is still disputable. It is for that reason that it cannot be the subject of a judicial pronouncement or declaration, if it is the only question or matter involved in a case, or upon which a competent court has to pass. The latter must decide finally the controversy between the parties, or determine finally the right or status of a party or establish finally a particular fact, out of which certain rights and obligations arise or may arise; and once such controversy is decided by a final judgment, or such right or status determined, or such particular fact established, by a final decree, then the judgment on the subject of the controversy, or the decree upon the right or status of a party or upon the existence of a particular fact, becomes res judicata, subject to no collateral attack, except in a few rare instances especially provided by law. It is, therefore, clear that a judicial declaration that a person is presumptively dead, because he had been unheard from in seven years, being a presumption juris tantum only, subject to contrary proof, cannot reach the stage of finality or become final. Proof of actual death of the person presumed dead because he had been unheard from in seven years, would have to be made in another proceeding to have such particular fact finally determined.1avvphi1 If a judicial decree declaring a person presumptively dead, because he had not been heard from in seven years, cannot become final and executory even after the lapse of the reglementary period within which an appeal may be taken, for such presumption is still disputable and remains subject to contrary proof, then a petition for such a declaration is useless, unnecessary, superfluous and of no benefit to the petitioner.15 In Lukban v. Republic,16 petitioner Lourdes G. Lukban contracted marriage with Francisco Chuidian on December 10, 1933. A few days later, on December 27, Francisco left Lourdes after a violent quarrel. She did not hear from him after that day. Her diligent search, inquiries from his parents and friends, and search in his last known address, proved futile. Believing her husband was already dead since he had been absent for more than twenty years, petitioner filed a petition in 1956 for a declaration that she is a widow of her husband who is presumed to be dead and has no legal impediment to contract a subsequent marriage. On the other hand, the antecedents in Gue v. Republic17 are similar to Szatraw. On January 5, 1946, Angelina Gues husband left Manila where they were residing and went to Shanghai, China. From that day on, he had not been heard of, had not written to her, nor in anyway communicated with her as to his whereabouts. Despite her efforts and diligence, she failed to locate him. After 11 years, she asked the court for a declaration of the presumption of death of Willian Gue, pursuant to the provisions of Article 390 of the Civil Code of the Philippines. In both cases, the Court reiterated its ruling in Szatraw. It held that a petition for judicial declaration that petitioner's husband is presumed to be dead cannot be entertained because it is not authorized by law.18 From the foregoing, it can be gleaned that, under the Civil Code, the presumption of death is established by law19and no court declaration is needed for the presumption to arise. Since death is presumed to have taken place by the seventh year of absence,20 Sofio is to be presumed dead starting October 1982. Consequently, at the time of petitioners marriage to Virgilio, there existed no impediment to petitioners capacity to marry,

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and the marriage is valid under paragraph 2 of Article 83 of the Civil Code. Further, considering that it is the Civil Code that applies, proof of "well-founded belief" is not required. Petitioner could not have been expected to comply with this requirement since the Family Code was not yet in effect at the time of her marriage to Virgilio. The enactment of the Family Code in 1988 does not change this conclusion. The Family Code itself states: Art. 256. This Code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code or other laws. To retroactively apply the provisions of the Family Code requiring petitioner to exhibit "well-founded belief" will, ultimately, result in the invalidation of her second marriage, which was valid at the time it was celebrated. Such a situation would be untenable and would go against the objectives that the Family Code wishes to achieve. In sum, we hold that the Petition must be dismissed since no decree on the presumption of Sofios death can be granted under the Civil Code, the same presumption having arisen by operation of law. However, we declare that petitioner was capacitated to marry Virgilio at the time their marriage was celebrated in 1985 and, therefore, the said marriage is legal and valid. WHEREFORE, the foregoing premises considered, the Petition is DENIED. SO ORDERED.

G.R. No. 132955

October 27, 2006

ORLANDO VILLANUEVA, petitioner, vs. HON. COURT OF APPEALS and LILIA CANALITAVILLANUEVA, respondents. DECISION YNARES-SANTIAGO, J.: This petition for review under Rule 45 of the Rules of Court assails the January 26, 1998 Decision1 of the Court of Appeals in CA-G.R. CV No. 51832, affirming with modification the Decision2 dated January 12, 1996 of the Regional Trial Court of Valenzuela, Metro Manila, Branch 172 in Civil Case No. 3997-V-92 (a) dismissing petitioner's petition for the annulment of his marriage to private respondent and (b) ordering him to pay moral and exemplary damages, attorneys fees and costs. Also assailed is the March 5, 1998 Resolution3 denying petitioners motion for reconsideration. The antecedent facts are as follows: Petitioner Orlando Villanueva and private respondent Lilia Canalita-Villanueva got married on April 13, 1988 in Puerto Princesa, Palawan. On November 17, 1992, Orlando filed with the trial court a petition for annulment of his marriage alleging that threats of violence and duress forced him into marrying Lilia, who was already pregnant; that he did not get her pregnant prior to the marriage; that he never cohabited with her after the marriage; and that he later learned that private respondent's child died during delivery on August 29, 1988.4 In her answer with compulsory counterclaim,5 Lilia prayed for the dismissal of the petition, arguing that petitioner freely and voluntarily married her; that petitioner stayed with her in Palawan for almost a month after their marriage; that petitioner wrote letters to her after he returned to Manila, during which private respondent visited him personally; and that petitioner knew about the progress of her pregnancy, which ended in their son being born prematurely. Private respondent also prayed for the payment of moral and exemplary damages, attorneys fees and costs. On January 12, 1996, the trial court rendered judgment the dispositive portion of which states: WHEREFORE, judgment is hereby rendered as follows: 1) Dismissing the above-entitled case; and 2) Ordering the plaintiff to pay the defendant moral damages in the amount of P100,000.00, exemplary damages in the amount of P50,000.00, and attorney's fees in the amount of P20,000.00, plus the costs of suit. SO ORDERED.6 The Court of Appeals affirmed the trial courts dismissal of the petition and the award of attorneys fees and costs, but reduced the award of moral and exemplary damages to P50,000.00 and P25,000.00, respectively. The Court of Appeals denied petitioners motion for reconsideration, hence, the instant petition for review based on the following assigned errors: I. THE RESPONDENT COURT OF APPEALS COMMITTED A GRAVE ABUSE OF DISCRETION IN NOT GRANTING THE ANNULMENT OF MARRIAGE THE CONSENT OF THE PETITIONER HAVING BEEN OBTAINED BY FRAUD, INTIMIDATION AND UNDUE AND IMPROPER PRESSURE AND INFLUENCE PLUS THE FACT THAT THERE WAS NO COHABITATION WHATSOEVER BETWEEN PETITIONER AND PRIVATE RESPONDENT. II. THE RESPONDENT COURT OF APPEALS COMMITTED GROSS ERROR IN AWARDING MORAL AND EXEMPLARY DAMAGES AS WELL AS ATTORNEY'S

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FEES, SAID AWARDS NOT BEING THOSE ALLOWED BY LAW.7 The issues for resolution are (a) whether the subject marriage may be annulled on the ground of vitiated consent; and (b) whether petitioner should be liable for moral and exemplary damages as well as attorneys fees and costs. The petition is partly granted. Factual findings of the Court of Appeals, especially if they coincide with those of the trial court, as in the instant case, are generally binding on this Court.8 We affirm the findings of the Court of Appeals that petitioner freely and voluntarily married private respondent and that no threats or intimidation, duress or violence compelled him to do so, thus To begin with, We are at once disturbed by the circumstance that despite the alleged coerced consent which supposedly characterized his marriage with Lilia on April 13, 1988, it was only on November 17, 1992 or after a span of not less than four (4) years and eight (8) months when Orlando took serious step to have the same marriage annulled. Unexplained, the prolonged inaction evidently finds basis in Lilias allegation that this annulment suit was filed by Orlando solely in the hope that a favorable judgment thereon would bolster his defense, if not altogether bring about his acquittal in the criminal case for bigamy which was then already pending against him. Unfortunately, however, let alone the fact that the criminal case was admittedly decided ahead with a judgment of conviction against Orlando x x x even the very outcome of the present case disappointed his expectation. At this late, with his appeal in the bigamy case still pending with this Court x x x Orlando must be hoping against hope that with a decree of annulment ensuing from this Court, he may yet secure an acquittal in the same bigamy charge. Viewed in this perspective, the instant appeal is, therefore, understandable. But even in terms of merit, the recourse must have to fall. Appellant anchored his prayer for the annulment of his marriage on the ground that he did not freely consent to be married to the appellee. He cited several incidents that created on his mind a reasonable and wellgrounded fear of an imminent and grave danger to his life and safety, to wit: the harassing phone calls from the appellee and strangers as well as the unwanted visits by three men at the premises of the University of the East after his classes thereat, and the threatening presence of a certain Ka Celso, a supposed member of the New Peoples Army whom appellant claimed to have been hired by appellee and who accompanied him in going to her home province of Palawan to marry her. The Court is not convinced that appellants apprehension of danger to his person is so overwhelming as to deprive him of the will to enter voluntarily to a contract of marriage. It is not disputed that at the time he was allegedly being harassed, appellant worked as a security guard in a bank. Given his employment at that time, it is reasonable to assume that appellant knew the rudiments of self-defense, or, at the very least, the proper way to keep himself out of harms way. For sure, it is even doubtful if threats were indeed made to bear upon appellant, what with the fact that he never sought the assistance of the security personnel of his school nor the police regarding the activities of those who were threatening him. And neither did he inform the judge about his predicament prior to solemnizing their marriage. Appellant also invoked fraud to annul his marriage, as he was made to believe by appellee that the latter was pregnant with his child when they were married.

Appellants excuse that he could not have impregnated the appellee because he did not have an erection during their tryst is flimsy at best, and an outright lie at worst. The complaint is bereft of any reference to his inability to copulate with the appellee. His counsel also conceded before the lower court that his client had a sexual relationship with the appellee x x x. He also narrated x x x that sometime in January 1988, he and the appellee went to a hotel where "the sexual act was consummated, with the defendant on top" x x x. Instead of providing proofs that he was tricked into marrying his wife, appellant resorted to undermining the credibility of the latter by citing her testimony that her child was born, and died, on August 29, 1989, a year off from August 29, 1988, the date of fetal death as appearing in the registry of deaths of the Office of the Civil Registrar of Puerto Princesa City x x x. To Our mind, appellant cannot make capital of the lapse because it is inconsequential, as there is no controversy regarding the date of death of appellees fetus. Nevertheless, during the continuation of the crossexamination of the appellee, she declared that her child was prematurely born on August 29, 1988, matching the date in the certification of the Civil Registrar x x x. The Court is not prepared to disbelieve the appellee and throw overboard her entire testimony simply on account of her confusion as to the exact date of the death of the fetus, especially when she herself had presented documentary evidence that put August 29, 1988 as the date her fetus died. Appellants propensity to rely on his perceived weakness of the appellees evidence continues in his argument that if indeed there is truth to her claim that she was impregnated sometime in December 1987, then she could not have a premature delivery on August 29, 1988, as she had testified during the trial, because the 35-week period of pregnancy is complete by that time. Whether the appellees impression that she had delivered prematurely is correct or not will not affect the fact that she had delivered a fetus on August 29, 1988. In the light of appellants admission that he had a sexual intercourse with his wife in January 1988, and his failure to attribute the latters pregnancy to any other man, appellant cannot complain that he was deceived by the appellee into marrying her. Appellant also puts in issue the lower courts appreciation of the letters allegedly written by him to the appellee. During his cross-examination, when confronted with thirteen (13) letters, appellant identified the seven (7) letters that he sent to the appellee, but denied the remaining six (6) x x x. The letters admitted by the appellant contained expressions of love and concern for his wife, and hardly the rantings of a man under duress. During the re-direct examination, however, appellant suddenly changed mind and denied authorship of those seven (7) letters, claiming that he was forced to admit them because he was threatened with harm by the appellee. If he was laboring under duress when he made the admission, where did he find the temerity to deny his involvement with the remaining six (6) letters? The recantation can only be motivated by a hindsight realization by the appellant of the evidentiary weight of those letters against his case. As to the second assignment of error, appellant cannot claim that his marriage should be annulled due to the absence of cohabitation between him and his wife. Lack of cohabitation is, per se, not a ground to annul a marriage. Otherwise, the validity of a marriage will depend upon the will of the spouses who can terminate the marital union by refusing to cohabitate. The failure to cohabit becomes relevant only if it arises as a result of the perpetration of any of the grounds for annulling the marriage, such as lack of parental consent, insanity,

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fraud, intimidation, or undue influence x x x. Since the appellant failed to justify his failure to cohabit with the appellee on any of those grounds, the validity of his marriage must be upheld.9 We also agree that private respondent is entitled to attorneys fees. Article 2208 (11) of the Civil Code provides that attorneys may be awarded where the court deems it just and equitable under the circumstances, as in the instant case. We, however, delete the award of moral and exemplary damages for lack of factual and legal basis. There is nothing in the records or in the appealed decision that would support an award of moral damages. In justifying the award, the Court of Appeals merely said thus: It is not difficult to imagine the suffering of the appellee from the baseless portrayal of her by the appellant as the perpetrator of fraudulent schemes to trap an unwilling mate. x x x10 However, the aforesaid finding is only a supposition as it has no reference to any testimony of private respondent detailing her alleged physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury as would entitle her to moral damages. In Mahinay v. Velasquez, Jr.,11 we held that: In order that moral damages may be awarded, there must be pleading and proof of moral suffering, mental anguish, fright and the like. While respondent alleged in his complaint that he suffered mental anguish, serious anxiety, wounded feelings and moral shock, he failed to prove them during the trial. Indeed, respondent should have taken the witness stand and should have testified on the mental anguish, serious anxiety, wounded feelings and other emotional and mental suffering he purportedly suffered to sustain his claim for moral damages. Mere allegations do not suffice; they must be substantiated by clear and convincing proof. No other person could have proven such damages except the respondent himself as they were extremely personal to him. As private respondent is not entitled to moral damages, a fortiori, she is not entitled to exemplary damages. This is clear in Article 2234 of the Civil Code, which provides: ART. 2234. While the amount of the exemplary damages need not be proved, the plaintiff must show that he is entitled to moral, temperate or compensatory damages before the court may consider the question of whether or not exemplary damages should be awarded. In case liquidated damages have been agreed upon, although no proof of loss is necessary in order that such liquidated damages may be recovered, nevertheless, before the court may consider the question of granting exemplary in addition to the liquidated damages, the plaintiff must show that he would be entitled to moral, temperate or compensatory damages were it not for the stipulation for liquidated damages. Hence, exemplary damages is allowed only in addition to moral damages such that no exemplary damages can be awarded unless the claimant first establishes his clear right to moral damages.12 In the instant case, private respondent failed to satisfactorily establish her claim for moral damages, thus she is not likewise entitled to exemplary damages. WHEREFORE, the petition is PARTLY GRANTED. The January 26, 1998 Decision of the Court of Appeals in CA-G.R. CV No. 51832 affirming with modification the January 12, 1996 Decision of the Regional Trial Court of Valenzuela, Metro Manila, Branch 172 in Civil Case No. 3997-V-92 dismissing petitioners petition for the annulment of his marriage with private respondent, is AFFIRMED. However, the award of moral and exemplary damages is DELETED for lack of basis. SO ORDERED.

G.R. No. 179620

August 26, 2008

MANUEL G. ALMELOR, petitioner, vs. THE HON. REGIONAL TRIAL COURT OF LAS PIAS CITY, BRANCH 254, and LEONIDA T. ALMELOR, respondents. DECISION REYES, R.T., J.: MARRIAGE, in its totality, involves the spouses' right to the community of their whole lives. It likewise involves a true intertwining of personalities.1 This is a petition for review on certiorari of the Decision2 of the Court of Appeals (CA) denying the petition for annulment of judgment and affirming in toto the decision of the Regional Trial Court (RTC), Las Pias, Branch 254. The CA dismissed outright the Rule 47 petition for being the wrong remedy. The Facts Petitioner Manuel G. Almelor (Manuel) and respondent Leonida Trinidad (Leonida) were married on January 29, 1989 at the Manila Cathedral.3 Their union bore three children: (1) Maria Paulina Corinne, born on October 20, 1989; (2) Napoleon Manuel, born on August 9, 1991; and (3) Manuel Homer, born on July 4, 1994.4 Manuel and Leonida are both medical practitioners, an anesthesiologist and a pediatrician, respectively.5 After eleven (11) years of marriage, Leonida filed a petition with the RTC in Las Pias City to annul their marriage on the ground that Manuel was psychologically incapacitated to perform his marital obligations. The case, docketed as LP-00-0132 was raffled off to Branch 254. During the trial, Leonida testified that she first met Manuel in 1981 at the San Lazaro Hospital where they worked as medical student clerks. At that time, she regarded Manuel as a very thoughtful person who got along well with other people. They soon became sweethearts. Three years after, they got married.6 Leonida averred that Manuel's kind and gentle demeanor did not last long. In the public eye, Manuel was the picture of a perfect husband and father. This was not the case in his private life. At home, Leonida described Manuel as a harsh disciplinarian, unreasonably meticulous, easily angered. Manuel's unreasonable way of imposing discipline on their children was the cause of their frequent fights as a couple.7 Leonida complained that this was in stark contrast to the alleged lavish affection Manuel has for his mother. Manuel's deep attachment to his mother and his dependence on her decision-making were incomprehensible to Leonida.8 Further adding to her woes was his concealment to her of his homosexuality. Her suspicions were first aroused when she noticed Manuel's peculiar closeness to his male companions. For instance, she caught him in an indiscreet telephone conversation manifesting his affection for a male caller.9 She also found several pornographic homosexual materials in his possession.10 Her worse fears were confirmed when she saw Manuel kissed another man on the lips. The man was a certain Dr. Nogales.11 When she confronted Manuel, he denied everything. At this point, Leonida took her children and left their conjugal abode. Since then, Manuel stopped giving support to their children.12 Dr. Valentina del Fonso Garcia, a clinical psychologist, was presented to prove Leonida's claim. Dr. del Fonso Garcia testified that she conducted evaluative interviews and a battery of psychiatric tests on Leonida. She also had a one-time interview with Manuel and face-to-face interviews with Ma. Paulina Corrinne (the eldest child).13 She concluded that Manuel is psychologically incapacitated.14 Such incapacity is marked by

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antecedence; it existed even before the marriage and appeared to be incurable. Manuel, for his part, admitted that he and Leonida had some petty arguments here and there. He, however, maintained that their marital relationship was generally harmonious. The petition for annulment filed by Leonida came as a surprise to him. Manuel countered that the true cause of Leonida's hostility against him was their professional rivalry. It began when he refused to heed the memorandum15 released by Christ the King Hospital. The memorandum ordered him to desist from converting his own lying-in clinic to a primary or secondary hospital.16 Leonida's family owns Christ the King Hospital which is situated in the same subdivision as Manuel's clinic and residence.17 In other words, he and her family have competing or rival hospitals in the same vicinity. Manuel belied her allegation that he was a cruel father to their children. He denied maltreating them. At most, he only imposed the necessary discipline on the children. He also defended his show of affection for his mother. He said there was nothing wrong for him to return the love and affection of the person who reared and looked after him and his siblings. This is especially apt now that his mother is in her twilight years.18 Manuel pointed out that Leonida found fault in this otherwise healthy relationship because of her very jealous and possessive nature.19 This same overly jealous behavior of Leonida drove Manuel to avoid the company of female friends. He wanted to avoid any further misunderstanding with his wife. But, Leonida instead conjured up stories about his sexual preference. She also fabricated tales about pornographic materials found in his possession to cast doubt on his masculinity.20 To corroborate his version, he presented his brother, Jesus G. Almelor. Jesus narrated that he usually stayed at Manuel's house during his weekly trips to Manila from Iriga City. He was a witness to the generally harmonious relationship between his brother Manuel and sister-in-law, Leonida. True, they had some quarrels typical of a husband and wife relationship. But there was nothing similar to what Leonida described in her testimony.21 Jesus further testified that he was with his brother on the day Leonida allegedly saw Manuel kissed another man. He denied that such an incident occurred. On that particular date,22 he and Manuel went straight home from a trip to Bicol. There was no other person with them at that time, except their driver.23 Manuel expressed his intention to refute Dr. del Fonso Garcia's findings by presenting his own expert witness. However, no psychiatrist was presented. RTC Disposition By decision dated November 25, 2005, the RTC granted the petition for annulment, with the following disposition: WHEREFORE, premised on the foregoing, judgment is hereby rendered: 1. Declaring the marriage contracted by herein parties on 29 January 1989 and all its effects under the law null and void from the beginning; 2. Dissolving the regime of community property between the same parties with forfeiture of defendant's share thereon in favor of the same parties' children whose legal custody is awarded to plaintiff with visitorial right afforded to defendant;

3. Ordering the defendant to give monthly financial support to all the children; and 4. Pursuant to the provisions of A.M. No. 02-11-10-SC: a. Directing the Branch Clerk of this Court to enter this Judgment upon its finality in the Book of Entry of Judgment and to issue an Entry of Judgment in accordance thereto; and b. Directing the Local Civil Registrars of Las Pias City and Manila City to cause the registration of the said Entry of Judgment in their respective Books of Marriages. Upon compliance, a decree of nullity of marriage shall be issued. SO ORDERED.24 (Emphasis supplied) The trial court nullified the marriage, not on the ground of Article 36, but Article 45 of the Family Code. It ratiocinated: x x x a careful evaluation and in-depth analysis of the surrounding circumstances of the allegations in the complaint and of the evidence presented in support thereof (sic) reveals that in this case (sic) there is more than meets the eyes (sic). Both legally and biologically, homosexuality x x x is, indeed, generally incompatible with hetero sexual marriage. This is reason enough that in this jurisdiction (sic) the law recognizes marriage as a special contract exclusively only between a man and a woman x x x and thus when homosexuality has trespassed into marriage, the same law provides ample remedies to correct the situation [Article 45(3) in relation to Article 46(4) or Article 55, par. 6, Family Code]. This is of course in recognition of the biological fact that no matter how a man cheats himself that he is not a homosexual and forces himself to live a normal heterosexual life, there will surely come a time when his true sexual preference as a homosexual shall prevail in haunting him and thus jeopardizing the solidity, honor, and welfare of his own family.25 Manuel filed a notice of appeal which was, however, denied due course. Undaunted, he filed a petition for annulment of judgment with the CA.26 Manuel contended that the assailed decision was issued in excess of the lower court's jurisdiction; that it had no jurisdiction to dissolve the absolute community of property and forfeit his conjugal share in favor of his children. CA Disposition On July 31, 2007, the CA denied the petition, disposing as follows: WHEREFORE, the present Petition for Annulment of Judgment is hereby DENIED. The Court AFFIRMS in toto the Decision (dated November 25, 2005) of the Regional Trial Court (Branch 254), in Las Pias City, in Civil Case No. LP-00-0132. No costs.27 The CA stated that petitioner pursued the wrong remedy by filing the extraordinary remedy of petition for annulment of judgment. Said the appellate court: It is obvious that the petitioner is questioning the propriety of the decision rendered by the lower Court. But the remedy assuming there was a mistake is not a Petition for Annulment of Judgment but an ordinary

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appeal. An error of judgment may be reversed or corrected only by appeal. What petitioner is ascribing is an error of judgment, not of jurisdiction, which is properly the subject of an ordinary appeal. In short, petitioner admits the jurisdiction of the lower court but he claims excess in the exercise thereof. "Excess" assuming there was is not covered by Rule 47 of the 1997 Rules of Civil Procedure. The Rule refers the lack of jurisdiction and not the exercise thereof.28 Issues Petitioner Manuel takes the present recourse via Rule 45, assigning to the CA the following errors: I THE HONORABLE COURT OF APPEALS ERRED IN NOT TREATING THE PETITION FOR ANNULMENT OF JUDGMENT AS A PETITION FOR REVIEW IN VIEW OF THE IMPORTANCE OF THE ISSUES INVOLVED AND IN THE INTEREST OF JUSTICE; II THE HONORABLE COURT OF APPEALS ERRED IN UPHOLDING THE DECISION OF THE TRIAL COURT AS REGARDS THE ORDER DECLARING THE MARRIAGE AS NULL AND VOID ON THE GROUND OF PETITIONER'S PSYCHOLOGICAL INCAPACITY; III THE HONORABLE COURT OF APPEALS ERRED IN UPHOLDING THE DECISION OF THE TRIAL COURT AS REGARDS THE ORDER TO FORFEIT THE SHARE OF PETITIONER IN HIS SHARE OF THE CONJUGAL ASSETS.29 Our Ruling I. The stringent rules of procedures may be relaxed to serve the demands of substantial justice and in the Court's exercise of equity jurisdiction. Generally, an appeal taken either to the Supreme Court or the CA by the wrong or inappropriate mode shall be dismissed.30 This is to prevent the party from benefiting from one's neglect and mistakes.However, like most rules, it carries certain exceptions. After all, the ultimate purpose of all rules of procedures is to achieve substantial justice as expeditiously as possible.31 Annulment of judgment under Rule 47 is a last remedy. It can not be resorted to if the ordinary remedies are available or no longer available through no fault of petitioner.32 However, in Buenaflor v. Court of Appeals,33 this Court clarified the proper appreciation for technical rules of procedure, in this wise: Rules of procedures are intended to promote, not to defeat, substantial justice and, therefore, they should not be applied in a very rigid and technical sense. The exception is that while the Rules are liberally construed, the provisions with respect to the rules on the manner and periods for perfecting appeals are strictly applied. As an exception to the exception, these rules have sometimes been relaxed on equitable considerations. Also, in some cases the Supreme Court has given due course to an appeal perfected out of time where a stringent application of the rules would have denied it, but only when to do so

would serve the demands of substantial justice and in the exercise of equity jurisdiction of the Supreme Court.34(Emphasis and underscoring supplied) For reasons of justice and equity, this Court has allowed exceptions to the stringent rules governing appeals.35 It has, in the past, refused to sacrifice justice for technicality.36 After discovering the palpable error of his petition, Manuel seeks the indulgence of this Court to consider his petition before the CA instead as a petition for certiorari under Rule 65. A perusal of the said petition reveals that Manuel imputed grave abuse of discretion to the lower court for annulling his marriage on account of his alleged homosexuality. This is not the first time that this Court is faced with a similar situation. In Nerves v. Civil Service Commission,37 petitioner Delia R. Nerves elevated to the CA a Civil Service Commission (CSC) decision suspending her for six (6) months. The CSC ruled Nerves, a public school teacher, is deemed to have already served her six-month suspension during the pendency of the case. Nevertheless, she is ordered reinstated without back wages. On appeal, Nerves stated in her petition, inter alia: 1. This is a petition for certiorari filed pursuant to Article IX-A, Section 7 of the Constitution of the Philippines and under Rule 65 of the Rules of Court. 2. But per Supreme Court Revised Administrative Circular No. 1-95 (Revised Circular No. 1-91) petitioner is filing the instant petition with this Honorable Court instead of the Supreme Court.38(Underscoring supplied) The CA dismissed Nerves' petition for certiorari for being the wrong remedy or the inappropriate mode of appeal.39 The CA opined that "under the Supreme Court Revised Administrative Circular No. 1-95 x x x appeals from judgments or final orders or resolutions of CSC is by a petition for review."40 This Court granted Nerves petition and held that she had substantially complied with the Administrative Circular. The Court stated: That it was erroneously labeled as a petition for certiorari under Rule 65 of the Rules of Court is only a minor procedural lapse, not fatal to the appeal. x x x More importantly, the appeal on its face appears to be impressed with merit. Hence, the Court of Appeals should have overlooked the insubstantial defects of the petition x x x in order to do justice to the parties concerned. There is, indeed, nothing sacrosanct about procedural rules, which should be liberally construed in order to promote their object and assist the parties in obtaining just, speedy, and inexpensive determination of every action or proceeding. As it has been said, where the rigid application of the rules would frustrate substantial justice, or bar the vindication of a legitimate grievance, the courts are justified in exempting a particular case from the operation of the rules.41 (Underscoring supplied) Similarly, in the more recent case of Tan v. Dumarpa,42 petitioner Joy G. Tan availed of a wrong remedy by filing a petition for review on certiorari instead of a motion for new trial or an ordinary appeal. In the interest of justice, this Court considered the petition, pro hac vice, as a petition for certiorari under Rule 65. This Court found that based on Tan's allegations, the trial court prima facie committed grave abuse of discretion in rendering a judgment by default. If uncorrected, it will cause petitioner great injustice. The Court elucidated in this wise:

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Indeed, where as here, there is a strong showing that grave miscarriage of justice would result from the strict application of the Rules, we will not hesitate to relax the same in the interest of substantial justice.43 (Underscoring supplied) Measured by the foregoing yardstick, justice will be better served by giving due course to the present petition and treating petitioner's CA petition as one for certiorari under Rule 65, considering that what is at stake is the validity or non-validity of a marriage. In Salazar v. Court of Appeals,44 citing Labad v. University of Southeastern Philippines, this Court reiterated: x x x The dismissal of appeals on purely technical grounds is frowned upon. While the right to appeal is a statutory, not a natural right, nonetheless it is an essential part of our judicial system and courts should proceed with caution so as not to deprive a party of the right to appeal, but rather, ensure that every partylitigant has the amplest opportunity for the proper and just disposition of his cause, free from the constraints of technicalities.45 Indeed, it is far better and more prudent for a court to excuse a technical lapse and afford the parties a review of the case on the merits to attain the ends of justice.46 Furthermore, it was the negligence and incompetence of Manuel's counsel that prejudiced his right to appeal. His counsel, Atty. Christine Dugenio, repeatedly availed of inappropriate remedies. After the denial of her notice of appeal, she failed to move for reconsideration or new trial at the first instance. She also erroneously filed a petition for annulment of judgment rather than pursue an ordinary appeal. These manifest errors were clearly indicative of counsel's incompetence. These gravely worked to the detriment of Manuel's appeal. True it is that the negligence of counsel binds the client. Still, this Court has recognized certain exceptions: (1) where reckless or gross negligence of counsel deprives the client of due process of law; (2) when its application will result in outright deprivation of the client's liberty and property; or (3) where the interest of justice so require.47 The negligence of Manuel's counsel falls under the exceptions. Ultimately, the reckless or gross negligence of petitioner's former counsel led to the loss of his right to appeal. He should not be made to suffer for his counsel's grave mistakes. Higher interests of justice and equity demand that he be allowed to ventilate his case in a higher court. In Apex Mining, Inc. v. Court of Appeals,48 this Court explained thus: It is settled that the negligence of counsel binds the client. This is based on the rule that any act performed by a counsel within the scope of his general or implied authority is regarded as an act of his client. However, where counsel is guilty of gross ignorance, negligence and dereliction of duty, which resulted in the client's being held liable for damages in a damage suit, the client is deprived of his day in court and the judgment may be set aside on such ground. In the instant case, higher interests of justice and equity demand that petitioners be allowed to present evidence on their defense. Petitioners may not be made to suffer for the lawyer's mistakes. This Court will always be disposed to grant relief to parties aggrieved by perfidy, fraud, reckless inattention and downright incompetence of lawyers, which has the consequence of depriving their clients, of their day in court.49 (Emphasis supplied)

Clearly, this Court has the power to except a particular case from the operation of the rule whenever the demands of justice require it. With more conviction should it wield such power in a case involving the sacrosanct institution of marriage. This Court is guided with the thrust of giving a party the fullest opportunity to establish the merits of one's action.50 The client was likewise spared from counsel's negligence in Government Service Insurance System v. Bengson Commercial Buildings, Inc.51 and Ancheta v. Guersey-Dalaygon.52 Said the Court in Bengson: But if under the circumstances of the case, the rule deserts its proper office as an aid to justice and becomes a great hindrance and chief enemy, its rigors must be relaxed to admit exceptions thereto and to prevent a miscarriage of justice. In other words, the court has the power to except a particular case from the operation of the rule whenever the purposes of justice require it.53 II. Concealment of homosexuality is the proper ground to annul a marriage, not homosexuality per se. Manuel is a desperate man determined to salvage what remains of his marriage. Persistent in his quest, he fought back all the heavy accusations of incapacity, cruelty, and doubted masculinity thrown at him. The trial court declared that Leonida's petition for nullity had "no basis at all because the supporting grounds relied upon can not legally make a case under Article 36 of the Family Code." It went further by citing Republic v. Molina:54 Indeed, mere allegations of conflicting personalities, irreconcilable differences, incessant quarrels and/or beatings, unpredictable mood swings, infidelities, vices, abandonment, and difficulty, neglect, or failure in the performance of some marital obligations do not suffice to establish psychological incapacity.55 If so, the lower court should have dismissed outright the petition for not meeting the guidelines set in Molina. What Leonida attempted to demonstrate were Manuel's homosexual tendencies by citing overt acts generally predominant among homosexual individuals.56 She wanted to prove that the perceived homosexuality rendered Manuel incapable of fulfilling the essential marital obligations. But instead of dismissing the petition, the trial court nullified the marriage between Manuel and Leonida on the ground of vitiated consent by virtue of fraud. In support of its conclusion, the lower court reasoned out: As insinuated by the State (p. 75, TSN, 15 December 2003), when there is smoke surely there is fire. Although vehemently denied by defendant, there is preponderant evidence enough to establish with certainty that defendant is really a homosexual. This is the fact that can be deduced from the totality of the marriage life scenario of herein parties. Before his marriage, defendant knew very well that people around him even including his own close friends doubted his true sexual preference (TSN, pp. 35-36, 13 December 2000; pp. 73-75, 15 December 2003). After receiving many forewarnings, plaintiff told defendant about the rumor she heard but defendant did not do anything to prove to the whole world once and for all the truth of all his denials. Defendant threatened to sue those people but nothing happened after that. There may have been more important matters to attend to than to waste time and effort filing cases against and be effected by these people and so, putting more premiums on defendant's denials, plaintiff just the same married him. Reasons upon reasons may be advanced to either exculpate or nail to the cross defendant for his

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act of initially concealing his homosexuality to plaintiff, but in the end, only one thing is certain - even during his marriage with plaintiff, the smoke of doubt about his real preference continued and even got thicker, reason why obviously defendant failed to establish a happy and solid family; and in so failing, plaintiff and their children became his innocent and unwilling victims. Yes, there is nothing untoward of a man if, like herein defendant, he is meticulous over even small details in the house (sic) like wrongly folded bed sheets, etc. or if a man is more authoritative in knowing what clothes or jewelry shall fit his wife (pp. 77-81, TSN, 15 December 2003); but these admissions of defendant taken in the light of evidence presented apparently showing that he had extra fondness of his male friends (sic) to the extent that twice on separate occasions (pp. 4-7, TSN, 14 February 2001) he was allegedly seen by plaintiff kissing another man lips-to-lips plus the homosexual magazines and tapes likewise allegedly discovered underneath his bed (Exhibits "L" and "M"), the doubt as to his real sex identity becomes stronger. The accusation of plaintiff versus thereof of defendant may be the name of the game in this case; but the simple reason of professional rivalry advanced by the defendant is certainly not enough to justify and obscure the question why plaintiff should accuse him of such a very untoward infidelity at the expense and humiliation of their children and family as a whole.57 Evidently, no sufficient proof was presented to substantiate the allegations that Manuel is a homosexual and that he concealed this to Leonida at the time of their marriage. The lower court considered the public perception of Manuel's sexual preference without the corroboration of witnesses. Also, it took cognizance of Manuel's peculiarities and interpreted it against his sexuality. Even assuming, ex gratia argumenti, that Manuel is a homosexual, the lower court cannot appreciate it as a ground to annul his marriage with Leonida. The law is clear - a marriage may be annulled when the consent of either party was obtained by fraud,58 such as concealment of homosexuality.59 Nowhere in the said decision was it proven by preponderance of evidence that Manuel was a homosexual at the onset of his marriage and that he deliberately hid such fact to his wife.60 It is the concealment of homosexuality, and not homosexuality per se, that vitiates the consent of the innocent party. Such concealment presupposes bad faith and intent to defraud the other party in giving consent to the marriage. Consent is an essential requisite of a valid marriage. To be valid, it must be freely given by both parties. An allegation of vitiated consent must be proven by preponderance of evidence. The Family Code has enumerated an exclusive list of circumstances61 constituting fraud. Homosexuality per se is not among those cited, but its concealment. This distinction becomes more apparent when we go over the deliberations62 of the Committees on the Civil Code and Family Law, to wit: Justice Caguioa remarked that this ground should be eliminated in the provision on the grounds for legal separation. Dean Gupit, however, pointed out that in Article 46, they are talking only of "concealment," while in the article on legal separation, there is actuality. Judge Diy added that in legal separation, the ground existed after the marriage, while in Article 46, the ground existed at the time of the marriage. Justice Reyes suggested that, for clarity, they add the phrase "existing at the time of the marriage" at the end of subparagraph (4). The Committee approved the suggestion.63 To reiterate, homosexuality per se is only a ground for legal separation. It is its concealment that serves as a valid ground to annul a marriage.64 Concealment in this case is not simply a

blanket denial, but one that is constitutive of fraud. It is this fundamental element that respondent failed to prove. In the United States, homosexuality has been considered as a basis for divorce. It indicates that questions of sexual identity strike so deeply at one of the basic elements of marriage, which is the exclusive sexual bond between the spouses.65 In Crutcher v. Crutcher,66 the Court held: Unnatural practices of the kind charged here are an infamous indignity to the wife, and which would make the marriage relation so revolting to her that it would become impossible for her to discharge the duties of a wife, and would defeat the whole purpose of the relation. In the natural course of things, they would cause mental suffering to the extent of affecting her health.67 However, although there may be similar sentiments here in the Philippines, the legal overtones are significantly different. Divorce is not recognized in the country. Homosexuality and its alleged incompatibility to a healthy heterosexual life are not sanctioned as grounds to sever the marriage bond in our jurisdiction. At most, it is only a ground to separate from bed and board. What was proven in the hearings a quo was a relatively blissful marital union for more than eleven (11) years, which produced three (3) children. The burden of proof to show the nullity of the marriage rests on Leonida. Sadly, she failed to discharge this onus. The same failure to prove fraud which purportedly resulted to a vitiated marital consent was found inVillanueva v. Court of Appeals.68 In Villanueva, instead of proving vitiation of consent, appellant resorted to baseless portrayals of his wife as a perpetrator of fraudulent schemes. Said the Court: Factual findings of the Court of Appeals, especially if they coincide with those of the trial court, as in the instant case, are generally binding on this Court. We affirm the findings of the Court of Appeals that petitioner freely and voluntarily married private respondent and that no threats or intimidation, duress or violence compelled him to do so, thus Appellant anchored his prayer for the annulment of his marriage on the ground that he did not freely consent to be married to the appellee. He cited several incidents that created on his mind a reasonable and wellgrounded fear of an imminent and grave danger to his life and safety. x x x The Court is not convinced that appellant's apprehension of danger to his person is so overwhelming as to deprive him of the will to enter voluntarily to a contract of marriage. It is not disputed that at the time he was allegedly being harassed, appellant worked as a security guard in a bank. Given the rudiments of self-defense, or, at the very least, the proper way to keep himself out of harm's way. x x x Appellant also invoked fraud to annul his marriage, as he was made to believe by appellee that the latter was pregnant with his child when they were married. Appellant's excuse that he could not have impregnated the appellee because he did not have an erection during their tryst is flimsy at best, and an outright lie at worst. The complaint is bereft of any reference to his inability to copulate with the appellee. x x x xxxx x x x The failure to cohabit becomes relevant only if it arises as a result of the perpetration of any of the

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grounds for annulling the marriage, such as lack of parental consent, insanity, fraud, intimidation, or undue influence x x x. Since the appellant failed to justify his failure to cohabit with the appellee on any of these grounds, the validity of his marriage must be upheld.69 Verily, the lower court committed grave abuse of discretion, not only by solely taking into account petitioner's homosexuality per se and not its concealment, but by declaring the marriage void from its existence. This Court is mindful of the constitutional policy to protect and strengthen the family as the basicautonomous social institution and marriage as the foundation of the family.70 The State and the public have vital interest in the maintenance and preservation of these social institutions against desecration by fabricated evidence.71 Thus, any doubt should be resolved in favor of the validity of marriage. III. In a valid marriage, the husband and wife jointly administer and enjoy their community or conjugal property. Article 96 of the Family Code, on regimes of absolute community property, provides: Art. 96. The administration and enjoyment of the community property shall belong to both spouses jointly. In case of disagreement, the husband's decision shall prevail, subject to recourse to the court by the wife for a proper remedy, which must be availed of within five years from the date of the contract implementing such decision. In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the common properties, the other spouse may assume sole powers of administration. These powers do not include the powers of disposition or encumbrance without the authority of the court or the written consent of the other spouse. In the absence of such authority or consent, the disposition or encumbrance shall be void. However, the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person, and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors. A similar provision, Article 12472 prescribes joint administration and enjoyment in a regime of conjugal partnership. In a valid marriage, both spouses exercise administration and enjoyment of the property regime, jointly. In the case under review, the RTC decreed a dissolution of the community property of Manuel and Leonida. In the same breath, the trial court forfeited Manuel's share in favor of the children. Considering that the marriage is upheld valid and subsisting, the dissolution and forfeiture of Manuel's share in the property regime is unwarranted. They remain the joint administrators of the community property. WHEREFORE, the petition is GRANTED. The appealed Decision is REVERSED and SET ASIDE and the petition in the trial court to annul the marriage is DISMISSED. SO ORDERED.

G.R. No. 145370

March 4, 2004

MARIETTA B. ANCHETA, petitioner, vs. RODOLFO S. ANCHETA, respondent. DECISION CALLEJO, SR., J.: This is a petition for review on certiorari of the Resolution1 of the Court of Appeals in CA-G.R. SP No. 59550 which dismissed the petitioners petition under Rule 47 of the 1997 Rules of Civil Procedure to annul the Order2 of the Regional Trial Court of Naic, Cavite, Branch 15 in Special Proceedings No. NC-662 nullifying the marriage of the petitioner and the respondent Rodolfo S. Ancheta, and of the resolution of the appellate court denying the motion for reconsideration of the said resolution. This case arose from the following facts: After their marriage on March 5, 1959, the petitioner and the respondent resided in Muntinlupa, Metro Manila. They had eight children during their coverture, whose names and dates of births are as follows: a. ANA MARIE B . ANCHETA born October 6, 1959 b. RODOLFO B. ANCHETA, JR. born March 7, 1961 c. VENANCIO MARIANO B. ANCHETA born May 18, 1962 d. GERARDO B. ANCHETA born April 8, 1963 e. KATHRINA B. ANCHETA born October 29, 1965 f. ANTONIO B. ANCHETA born March 6, 1967 g. NATASHA MARTINA B. ANCHETA - born August 2, 1968 h. FRITZIE YOLANDA B. ANCHETA born November 19, 19703 On December 6, 1992, the respondent left the conjugal home and abandoned the petitioner and their children. On January 25, 1994, petitioner Marietta Ancheta filed a petition with the Regional Trial Court of Makati, Branch 40, against the respondent for the dissolution of their conjugal partnership and judicial separation of property with a plea for support and support pendente lite. The case was docketed as Sp. Proc. No. M-3735. At that time, the petitioner was renting a house at No. 72 CRM Avenue cor. CRM Corazon, BF Homes, Almanza, Las Pias, Metro Manila.4 On April 20, 1994, the parties executed a Compromise Agreement5 where some of the conjugal properties were adjudicated to the petitioner and her eight children, including the following: b. A parcel of land (adjoining the two lots covered by TCT Nos. 120082 and TCT No. 120083-Cavite) located at Bancal, Carmona, Cavite, registered in the name of the family Ancheta. Biofood Corporation under TCT No. 310882, together with the resort Munting Paraiso, Training Center, four-storey building, pavilion, swimming pool and all improvements. All of the shares of stocks of Ancheta Biofoods Corporation were distributed one-third (1/3) to the petitioner and the eight children one-twelfth (1/12) each.6 The court rendered judgment based on the said compromise agreement. Conformably thereto, the respondent vacated, on

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June 1, 1994, the resort Munting Paraiso and all the buildings and improvements thereon. The petitioner, with the knowledge of the respondent, thenceforth resided in the said property. In the meantime, the respondent intended to marry again. On June 5, 1995, he filed a petition with the Regional Trial Court of Naic, Cavite, Branch 15, for the declaration of nullity of his marriage with the petitioner on the ground of psychological incapacity. The case was docketed as Sp. Proc. No. NC-662. Although the respondent knew that the petitioner was already residing at the resort Munting Paraiso in Bancal, Carmona, Cavite, he, nevertheless, alleged in his petition that the petitioner was residing at No. 72 CRM Avenue corner CRM Corazon, BF Homes, Almanza, Las Pias, Metro Manila, "where she may be served with summons."7 The clerk of court issued summons to the petitioner at the address stated in the petition.8 The sheriff served the summons and a copy of the petition by substituted service on June 6, 1995 on the petitioners son, Venancio Mariano B. Ancheta III, at his residence in Bancal, Carmona, Cavite.9 On June 21, 1995, Sheriff Jose R. Salvadora, Jr. submitted a Return of Service to the court stating that the summons and a copy of the petition were served on the petitioner through her son Venancio Mariano B. Ancheta III on June 6, 1995: RETURN OF SERVICE This is to certify that the summons together with the copy of the complaint and its annexes was received by the herein defendant thru his son Venancio M.B. Ancheta [III] as evidenced by the signature appearing on the summons. Service was made on June 6, 1995. June 21, 1995, Naic, Cavite. (Sgd.) JOSE R. SALVADORA, JR. Sheriff10 The petitioner failed to file an answer to the petition. On June 22, 1995, the respondent filed an "Ex-Parte Motion to Declare Defendant as in Default" setting it for hearing on June 27, 1995 at 8:30 a.m. During the hearing on the said date, there was no appearance for the petitioner. The public prosecutor appeared for the State and offered no objection to the motion of the respondent who appeared with counsel. The trial court granted the motion and declared the petitioner in default, and allowed the respondent to adduce evidence ex-parte. The respondent testified in his behalf and adduced documentary evidence. On July 7, 1995, the trial court issued an Order granting the petition and declaring the marriage of the parties void ab initio.11 The clerk of court issued a Certificate of Finality of the Order of the court on July 16, 1996.12 On February 14, 1998, Valentines Day, the respondent and Teresita H. Rodil were married in civil rights before the municipal mayor of Indang, Cavite.13 On July 7, 2000, the petitioner filed a verified petition against the respondent with the Court of Appeals under Rule 47 of the Rules of Court, as amended, for the annulment of the order of the RTC of Cavite in Special Proceedings No. NC-662. The case was docketed as CA-G.R. SP No. 59550. The petitioner alleged, inter alia, that the respondent committed gross misrepresentations by making it appear in his petition in Sp. Proc. No. NC-662 that she was a resident of No. 72 CRM Avenue cor. CRM Corazon, BF Homes, Almanza, Las Pias, Metro Manila, when in truth and in fact, the respondent knew very well that she was residing at Munting Paraiso, Bancal, Carmona, Cavite. According to the petitioner, the respondent did so to deprive her of her right to be heard in the said case, and ultimately secure a favorable judgment without any opposition thereto. The petitioner also alleged that the respondent caused the service of the petition and summons on her by substituted service through her married son, Venancio Mariano B. Ancheta III, a resident of Bancal, Carmona, Cavite, where the respondent was a resident. Furthermore, Venancio M.B. Ancheta III failed to deliver to her the copy of the

petition and summons. Thus, according to the petitioner, the order of the trial court in favor of the respondent was null and void (1) for lack of jurisdiction over her person; and (2) due to the extrinsic fraud perpetrated by the respondent. She further contended that there was no factual basis for the trial courts finding that she was suffering from psychological incapacity. Finally, the petitioner averred that she learned of the Order of the RTC only on January 11, 2000. Appended to the petition, inter alia, were the affidavits of the petitioner and of Venancio M.B. Ancheta III. The petitioner prayed that, after due proceedings, judgment be rendered in her favor, thus: WHEREFORE, petitioner respectfully prays this Honorable Court to render Judgment granting the Petition. 1. Declaring null and void the Order dated June 7, 1995 (of the Regional Trial Court, Branch 14, Naic, Cavite). 2. Ordering respondent to pay petitioner a. P1,000,000.00 as moral damages; b. P500,000.00 as exemplary damages; c. P200,000.00 as attorneys fees plus P7,500.00 per diem for every hearing; d. P100,000.00 as litigation expenses; e. Costs of suit.14 On July 13, 2000, the CA issued a Resolution dismissing the petition on the following ground: We cannot give due course to the present petition in default or in the absence of any clear and specific averment by petitioner that the ordinary remedies of new trial, appeal, petition for relief or other appropriate remedies are no longer available through no fault of petitioner. Neither is there any averment or allegation that the present petition is based only on the grounds of extrinsic fraud and lack of jurisdiction. Nor yet that, on the assumption that extrinsic fraud can be a valid ground therefor, that it was not availed of, or could not have been availed of, in a motion for new trial, or petition for relief.15 The petitioner filed a motion for the reconsideration of the said resolution, appending thereto an amended petition in which she alleged, inter alia, that: 4. This petition is based purely on the grounds of extrinsic fraud and lack of jurisdiction. 5. This petition has not prescribed; it was filed within the four-year period after discovery of the extrinsic fraud. 6. The ground of extrinsic fraud has not been availed of, or could not have been availed of in a motion for new trial or petition for relief. 7. The ground of lack of jurisdiction is not barred by laches and/or estoppel. 8. The ordinary remedies of new trial, appeal, petition for relief or other appropriate remedies were no longer available through no fault of petitioner; neither has she ever availed of the said remedies. This petition is the only available remedy to her.16 The petitioner also alleged therein that the order of the trial court nullifying her and the respondents marriage was null and void

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for the court a quos failure to order the public prosecutor to conduct an investigation on whether there was collusion between the parties, and to order the Solicitor General to appear for the State. On September 27, 2000, the CA issued a Resolution denying the said motion. The petitioner filed a petition for review on certiorari with this Court alleging that the CA erred as follows: 1. In failing to take into consideration the kind of Order which was sought to be annulled. 2. In finding that the Petition was procedurally flawed. 3. In not finding that the Petition substantially complied with the requirements of the Rules of Court. 4. In failing to comply with Section 5, Rule 47, Rules of Court. 5. In not even considering/resolving Petitioners Motion to Admit the Amended Petition; and in not admitting the Amended Petition. 6. In failing to apply the Rules of Procedure with liberality.17 The petition is meritorious. An original action in the Court of Appeals under Rule 47 of the Rules of Court, as amended, to annul a judgment or final order or resolution in civil actions of the RTC may be based on two grounds: (a) extrinsic fraud; or (b) lack of jurisdiction. If based on extrinsic fraud, the remedy is subject to a condition precedent, namely, the ordinary remedies of new trial, appeal, petition for relief or other appropriate remedies are no longer available through no fault of the petitioner.18 The petitioner must allege in the petition that the ordinary remedies of new trial, appeal, petition for relief from judgment, under Rule 38 of the Rules of Court are no longer available through no fault of hers; otherwise, the petition will be dismissed. If the petitioner fails to avail of the remedies of new trial, appeal or relief from judgment through her own fault or negligence before filing her petition with the Court of Appeals, she cannot resort to the remedy under Rule 47 of the Rules; otherwise, she would benefit from her inaction or negligence.19 It is not enough to allege in the petition that the said remedies were no longer available through no fault of her own. The petitioner must also explain and justify her failure to avail of such remedies. The safeguard was incorporated in the rule precisely to avoid abuse of the remedy.20 Access to the courts is guaranteed. But there must be limits thereto. Once a litigants rights have been adjudicated in a valid final judgment of a competent court, he should not be granted an unbridled license to sue anew. The prevailing party should not be vexed by subsequent suits.21 In this case, the petitioner failed to allege in her petition in the CA that the ordinary remedies of new trial, appeal, and petition for relief, were no longer available through no fault of her own. She merely alleged therein that she received the assailed order of the trial court on January 11, 2000. The petitioners amended petition did not cure the fatal defect in her original petition, because although she admitted therein that she did not avail of the remedies of new trial, appeal or petition for relief from judgment, she did not explain why she failed to do so. We, however, rule that the Court of Appeals erred in dismissing the original petition and denying admission of the amended petition. This is so because apparently, the Court of Appeals failed to take note from the material allegations of the petition, that the petition was based not only on extrinsic fraud but also on lack of jurisdiction over the person of the petitioner, on her claim that

the summons and the copy of the complaint in Sp. Proc. No. NC662 were not served on her. While the original petition and amended petition did not state a cause of action for the nullification of the assailed order on the ground of extrinsic fraud, we rule, however, that it states a sufficient cause of action for the nullification of the assailed order on the ground of lack of jurisdiction of the RTC over the person of the petitioner, notwithstanding the absence of any allegation therein that the ordinary remedy of new trial or reconsideration, or appeal are no longer available through no fault of the petitioner. In a case where a petition for the annulment of a judgment or final order of the RTC filed under Rule 47 of the Rules of Court is grounded on lack of jurisdiction over the person of the defendant/respondent or over the nature or subject of the action, the petitioner need not allege in the petition that the ordinary remedy of new trial or reconsideration of the final order or judgment or appeal therefrom are no longer available through no fault of her own. This is so because a judgment rendered or final order issued by the RTC without jurisdiction is null and void and may be assailed any time either collaterally or in a direct action or by resisting such judgment or final order in any action or proceeding whenever it is invoked,22 unless barred by laches.23 In this case, the original petition and the amended petition in the Court of Appeals, in light of the material averments therein, were based not only on extrinsic fraud, but also on lack of jurisdiction of the trial court over the person of the petitioner because of the failure of the sheriff to serve on her the summons and a copy of the complaint. She claimed that the summons and complaint were served on her son, Venancio Mariano B. Ancheta III, who, however, failed to give her the said summons and complaint. Even a cursory reading of the material averments of the original petition and its annexes will show that it is, prima facie meritorious; hence, it should have been given due course by the Court of Appeals. In Paramount Insurance Corporation v. Japzon,24 we held that jurisdiction is acquired by a trial court over the person of the defendant either by his voluntary appearance in court and his submission to its authority or by service of summons. The service of summons and the complaint on the defendant is to inform him that a case has been filed against him and, thus, enable him to defend himself. He is, thus, put on guard as to the demands of the plaintiff or the petitioner. Without such service in the absence of a valid waiver renders the judgment of the court null and void.25 Jurisdiction cannot be acquired by the court on the person of the defendant even if he knows of the case against him unless he is validly served with summons.26 Summons and complaint may be served on the defendant either by handing a copy thereof to him in person, or, if he refuses to receive and sign for it, by tendering it to her.27 However, if there is impossibility of prompt service of the summons personally on the defendant despite diligent efforts to find him, service of the summons may be effected by substituted service as provided in Section 7, Rule 14 of the said Rules: SEC. 7. Substituted service. If, for justifiable causes, the defendant cannot be served within a reasonable time as provided in the preceding section, service may be effected (a) by leaving copies of the summons at the defendants residence with some person of suitable age and discretion then residing therein, or (b) by leaving the copies of defendants office or regular place of business with some competent person in charge thereof.28 In Miranda v. Court of Appeals,29 we held that the modes of service should be strictly followed in order that the court may acquire jurisdiction over the person of the defendant. Thus, it is only when a defendant cannot be served personally within a reasonable time that substituted service may be made by stating the efforts made to find him and personally serve on him the summons and complaint and the fact that such effort failed.30 This statement should be made in the proof of service to be accomplished and filed in court by the sheriff. This is necessary because substituted service is a derogation of the usual

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method of service. It has been held that substituted service of summons is a method extraordinary in character; hence, may be used only as prescribed and in the circumstances categorized by statutes.31 As gleaned from the petition and the amended petition in the CA and the annexes thereof, the summons in Sp. Proc. No. NC-662 was issued on June 6, 1995.32 On the same day, the summons was served on and received by Venancio Mariano B. Ancheta III,33 the petitioners son. When the return of summons was submitted to the court by the sheriff on June 21, 1995, no statement was made on the impossibility of locating the defendant therein within a reasonable time, or that any effort was made by the sheriff to locate the defendant. There was no mention therein that Venancio Mariano Ancheta III was residing at No. 72 CRM Avenue cor. CRM Corazon, BF Homes, Almanza, Las Pias, where the petitioner (defendant therein) was allegedly residing. It turned out that Venancio Mariano B. Ancheta III had been residing at Bancal, Carmona, Cavite, and that his father merely showed him the summons and the complaint and was made to affix his signature on the face of the summons; he was not furnished with a copy of the said summons and complaint. 4. From the time my father started staying at Munting Paraiso, Bancal, Carmona, Cavite, I have been residing on the adjoining land consisting of two (2) lots later apportioned to my father as his share of the conjugal partnership. Since then, I have been residing therein up to the present. 5. On June 6, 1995, at Bancal, Carmona, Cavite (at my residence situated on my fathers lot), my father came to see me and then asked me to sign and I did sign papers which he (my father) and the Sheriff did not allow me to read. Apparently, these papers are for the Summons to my mother in the case for annulment of marriage filed by my father against her. I was not given any copy of the Summons and/or copy of the complaint/petition.34 We, thus, rule that the Court of Appeals acted arbitrarily in dismissing the original petition of the petitioner and the amended petition for annulment of the assailed order grounded on lack of jurisdiction over the person of the petitioner. The action in Rule 47 of the Rules of Court does not involve the merits of the final order of the trial court. However, we cannot but express alarm at what transpired in the court a quo as shown by the records. The records show that for the petitioners failure to file an answer to the complaint, the trial court granted the motion of the respondent herein to declare her in default. The public prosecutor condoned the acts of the trial court when he interposed no objection to the motion of the respondent. The trial court forthwith received the evidence of the respondent ex-parte and rendered judgment against the petitioner without a whimper of protest from the public prosecutor. The actuations of the trial court and the public prosecutor are in defiance of Article 48 of the Family Code, which reads: Article 48. In all cases of annulment or declaration of absolute nullity of marriage, the Court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion between the parties and to take care that evidence is not fabricated or suppressed. In the cases referred to in the preceding paragraph, no judgment shall be based upon a stipulation of facts or confession of judgment.35 The trial court and the public prosecutor also ignored Rule 18, Section 6 of the 1985 Rules of Court (now Rule 9, Section 3[e] of the 1997 Rules of Civil Procedure) which provides: Sec. 6. No defaults in actions for annulment of marriage or for legal separation. If the defendant in an action for annulment of marriage or for legal separation fails to answer, the court shall

order the prosecuting attorney to investigate whether or not a collusion between the parties exits, and if there is no collusion, to intervene for the State in order to see to it that the evidence submitted is not fabricated.36 In the case of Republic v. Court of Appeals,37 this Court laid down the guidelines in the interpretation and application of Art. 48 of the Family Code, one of which concerns the role of the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the State: (8) The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state. No decision shall be handed down unless the Solicitor General issues a certification, which will be quoted in the decision, briefly stating therein his reasons for his agreement or opposition, as the case may be, to the petition. The Solicitor General, along with the prosecuting attorney, shall submit to the court such certification within fifteen (15) days from the date the case is deemed submitted for resolution of the court. The Solicitor General shall discharge the equivalent function of the defensor vinculi contemplated under Canon 1095.38 This Court in the case of Malcampo-Sin v. Sin39 reiterated its pronouncement in Republic v. Court of Appeals,40regarding the role of the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the State.41 The trial court, abetted by the ineptitude, if not sheer negligence of the public prosecutor, waylaid the Rules of Court and the Family Code, as well as the rulings of this Court. The task of protecting marriage as an inviolable social institution requires vigilant and zealous participation and not mere proforma compliance. The protection of marriage as a sacred institution requires not just the defense of a true and genuine union but the exposure of an invalid one as well.42 A grant of annulment of marriage or legal separation by default is fraught with the danger of collusion. Hence, in all cases for annulment, declaration of nullity of marriage and legal separation, the prosecuting attorney or fiscal is ordered to appear on behalf of the State for the purpose of preventing any collusion between the parties and to take care that their evidence is not fabricated or suppressed. If the defendant-spouse fails to answer the complaint, the court cannot declare him or her in default but instead, should order the prosecuting attorney to determine if collusion exists between the parties. The prosecuting attorney or fiscal may oppose the application for legal separation or annulment through the presentation of his own evidence, if in his opinion, the proof adduced is dubious and fabricated. Our constitution is committed to the policy of strengthening the family as a basic social institution. Our family law is based on the policy that marriage is not a mere contract, but a social institution in which the State is vitally interested. The State can find no stronger anchor than on good, solid and happy families. The break-up of families weakens our social and moral fabric; hence, their preservation is not the concern of the family members alone.43Whether or not a marriage should continue to exist or a family should stay together must not depend on the whims and caprices of only one party, who claims that the other suffers psychological imbalance, incapacitating such party to fulfill his or her marital duties and obligations. IN LIGHT OF ALL THE FOREGOING, the petition is GRANTED. The Resolutions of the Court of Appeals dated July 13, 2000 and September 27, 2000 in CA-G.R. SP No. 59550 are hereby SET ASIDE and REVERSED. Let the records of CA-G.R. SP No. 59550 be remanded to the Court of Appeals for further proceedings conformably with the Decision of this Court and Rule 47 of the Rules of Court, as amended. SO ORDERED.

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G.R. No. 169900

March 18, 2010

MARIO SIOCHI, Petitioner, vs. ALFREDO GOZON, WINIFRED GOZON, GIL TABIJE, INTERDIMENSIONAL REALTY, INC., and ELVIRA GOZON, Respondents. x - - - - - - - - - - - - - - - - - - - - - - -x G.R. No. 169977 INTER-DIMENSIONAL REALTY, INC., Petitioner, vs. MARIO SIOCHI, ELVIRA GOZON, ALFREDO GOZON, and WINIFRED GOZON, Respondents. RESOLUTION CARPIO, J.: This is a consolidation of two separate petitions for review,1 assailing the 7 July 2005 Decision2 and the 30 September 2005 Resolution3 of the Court of Appeals in CA-G.R. CV No. 74447. This case involves a 30,000 sq.m. parcel of land (property) covered by TCT No. 5357.4 The property is situated in Malabon, Metro Manila and is registered in the name of "Alfredo Gozon (Alfredo), married to Elvira Gozon (Elvira)." On 23 December 1991, Elvira filed with the Cavite City Regional Trial Court (Cavite RTC) a petition for legal separation against her husband Alfredo. On 2 January 1992, Elvira filed a notice of lis pendens, which was then annotated on TCT No. 5357. On 31 August 1993, while the legal separation case was still pending, Alfredo and Mario Siochi (Mario) entered into an Agreement to Buy and Sell5 (Agreement) involving the property for the price of P18 million. Among the stipulations in the Agreement were that Alfredo would: (1) secure an Affidavit from Elvira that the property is Alfredos exclusive property and to annotate the Agreement at the back of TCT No. 5357; (2) secure the approval of the Cavite RTC to exclude the property from the legal separation case; and (3) secure the removal of the notice of lis pendens pertaining to the said case and annotated on TCT No. 5357. However, despite repeated demands from Mario, Alfredo failed to comply with these stipulations. After paying the P5 million earnest money as partial payment of the purchase price, Mario took possession of the property in September 1993. On 6 September 1993, the Agreement was annotated on TCT No. 5357. Meanwhile, on 29 June 1994, the Cavite RTC rendered a decision6 in the legal separation case, the dispositive portion of which reads: WHEREFORE, judgment is hereby rendered decreeing the legal separation between petitioner and respondent. Accordingly, petitioner Elvira Robles Gozon is entitled to live separately from respondent Alfredo Gozon without dissolution of their marriage bond. The conjugal partnership of gains of the spouses is hereby declared DISSOLVED and LIQUIDATED. Being the offending spouse, respondent is deprived of his share in the net profits and the same is awarded to their child Winifred R. Gozon whose custody is awarded to petitioner. Furthermore, said parties are required to mutually support their child Winifred R. Gozon as her needs arises. SO ORDERED.7 As regards the property, the Cavite RTC held that it is deemed conjugal property.

On 22 August 1994, Alfredo executed a Deed of Donation over the property in favor of their daughter, Winifred Gozon (Winifred). The Register of Deeds of Malabon, Gil Tabije, cancelled TCT No. 5357 and issued TCT No. M-105088 in the name of Winifred, without annotating the Agreement and the notice of lis pendens on TCT No. M-10508. On 26 October 1994, Alfredo, by virtue of a Special Power of Attorney9 executed in his favor by Winifred, sold the property to Inter-Dimensional Realty, Inc. (IDRI) for P18 million.10 IDRI paid Alfredo P18 million, representing full payment for the property.11 Subsequently, the Register of Deeds of Malabon cancelled TCT No. M-10508 and issued TCT No. M-1097612 to IDRI. Mario then filed with the Malabon Regional Trial Court (Malabon RTC) a complaint for Specific Performance and Damages, Annulment of Donation and Sale, with Preliminary Mandatory and Prohibitory Injunction and/or Temporary Restraining Order. On 3 April 2001, the Malabon RTC rendered a decision,13 the dispositive portion of which reads: WHEREFORE, premises considered, judgment is hereby rendered as follows: 01. On the preliminary mandatory and prohibitory injunction: 1.1 The same is hereby made permanent by: 1.1.1 Enjoining defendants Alfredo Gozon, Winifred Gozon, InterDimensional Realty, Inc. and Gil Tabije, their agents, representatives and all persons acting in their behalf from any attempt of commission or continuance of their wrongful acts of further alienating or disposing of the subject property; 1.1.2. Enjoining defendant InterDimensional Realty, Inc. from entering and fencing the property; 1.1.3. Enjoining defendants Alfredo Gozon, Winifred Gozon, InterDimensional Realty, Inc. to respect plaintiffs possession of the property. 02. The Agreement to Buy and Sell dated 31 August 1993, between plaintiff and defendant Alfredo Gozon is hereby approved, excluding the property and rights of defendant Elvira Robles-Gozon to the undivided onehalf share in the conjugal property subject of this case. 03. The Deed of Donation dated 22 August 1994, entered into by and between defendants Alfredo Gozon and Winifred Gozon is hereby nullified and voided. 04. The Deed of Absolute Sale dated 26 October 1994, executed by defendant Winifred Gozon, through defendant Alfredo Gozon, in favor of defendant InterDimensional Realty, Inc. is hereby nullified and voided. 05. Defendant Inter-Dimensional Realty, Inc. is hereby ordered to deliver its Transfer Certificate of Title No. M10976 to the Register of Deeds of Malabon, Metro Manila. 06. The Register of Deeds of Malabon, Metro Manila is hereby ordered to cancel Certificate of Title Nos. 10508 "in the name of Winifred Gozon" and M-10976 "in the name of Inter-Dimensional Realty, Inc.," and to restore

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Transfer Certificate of Title No. 5357 "in the name of Alfredo Gozon, married to Elvira Robles" with the Agreement to Buy and Sell dated 31 August 1993 fully annotated therein is hereby ordered. 07. Defendant Alfredo Gozon is hereby ordered to deliver a Deed of Absolute Sale in favor of plaintiff over his one-half undivided share in the subject property and to comply with all the requirements for registering such deed. 08. Ordering defendant Elvira Robles-Gozon to sit with plaintiff to agree on the selling price of her undivided one-half share in the subject property, thereafter, to execute and deliver a Deed of Absolute Sale over the same in favor of the plaintiff and to comply with all the requirements for registering such deed, within fifteen (15) days from the receipt of this DECISION. 09. Thereafter, plaintiff is hereby ordered to pay defendant Alfredo Gozon the balance of Four Million Pesos (P4,000,000.00) in his one-half undivided share in the property to be set off by the award of damages in plaintiffs favor. 10. Plaintiff is hereby ordered to pay the defendant Elvira Robles-Gozon the price they had agreed upon for the sale of her one-half undivided share in the subject property. 11. Defendants Alfredo Gozon, Winifred Gozon and Gil Tabije are hereby ordered to pay the plaintiff, jointly and severally, the following: 11.1 Two Million Pesos (P2,000,000.00) as actual and compensatory damages; 11.2 One Million Pesos (P1,000,000.00) as moral damages; 11.3 Five Hundred Thousand Pesos (P500,000.00) as exemplary damages; 11.4 Four Hundred Thousand Pesos (P400,000.00) as attorneys fees; and 11.5 One Hundred Thousand Pesos (P100,000.00) as litigation expenses. 11.6 The above awards are subject to set off of plaintiffs obligation in paragraph 9 hereof. 12. Defendants Alfredo Gozon and Winifred Gozon are hereby ordered to pay Inter-Dimensional Realty, Inc. jointly and severally the following: 12.1 Eighteen Million Pesos (P18,000,000.00) which constitute the amount the former received from the latter pursuant to their Deed of Absolute Sale dated 26 October 1994, with legal interest therefrom; 12.2 One Million Pesos (P1,000,000.00) as moral damages; 12.3 Five Hundred Thousand Pesos (P500,000.00) as exemplary damages; and 12.4 One Hundred Thousand Pesos (P100,000.00) as attorneys fees. 13. Defendants Alfredo Gozon and Winifred Gozon are hereby ordered to pay costs of suit. SO ORDERED.14 On appeal, the Court of Appeals affirmed the Malabon RTCs decision with modification. The dispositive portion of the Court of Appeals Decision dated 7 July 2005 reads:

WHEREFORE, premises considered, the assailed decision dated April 3, 2001 of the RTC, Branch 74, Malabon is hereby AFFIRMED with MODIFICATIONS, as follows: 1. The sale of the subject land by defendant Alfredo Gozon to plaintiff-appellant Siochi is declared null and void for the following reasons: a) The conveyance was done without the consent of defendant-appellee Elvira Gozon; b) Defendant Alfredo Gozons one-half () undivided share has been forfeited in favor of his daughter, defendant Winifred Gozon, by virtue of the decision in the legal separation case rendered by the RTC, Branch 16, Cavite; 2. Defendant Alfredo Gozon shall return/deliver to plaintiff-appellant Siochi the amount of P5 Million which the latter paid as earnest money in consideration for the sale of the subject land; 3. Defendants Alfredo Gozon, Winifred Gozon and Gil Tabije are hereby ordered to pay plaintiff-appellant Siochi jointly and severally, the following: a) P100,000.00 as moral damages; b) P100,000.00 as exemplary damages; c) P50,000.00 as attorneys fees; d) P20,000.00 as litigation expenses; and e) The awards of actual and compensatory damages are hereby ordered deleted for lack of basis. 4. Defendants Alfredo Gozon and Winifred Gozon are hereby ordered to pay defendant-appellant IDRI jointly and severally the following: a) P100,000.00 as moral damages; b) P100,000.00 as exemplary damages; and c) P50,000.00 as attorneys fees. Defendant Winifred Gozon, whom the undivided one-half share of defendant Alfredo Gozon was awarded, is hereby given the option whether or not to dispose of her undivided share in the subject land. The rest of the decision not inconsistent with this ruling stands. SO ORDERED.15 Only Mario and IDRI appealed the decision of the Court of Appeals. In his petition, Mario alleges that the Agreement should be treated as a continuing offer which may be perfected by the acceptance of the other spouse before the offer is withdrawn. Since Elviras conduct signified her acquiescence to the sale, Mario prays for the Court to direct Alfredo and Elvira to execute a Deed of Absolute Sale over the property upon his payment of P9 million to Elvira. On the other hand, IDRI alleges that it is a buyer in good faith and for value. Thus, IDRI prays that the Court should uphold the validity of IDRIs TCT No. M-10976 over the property. We find the petitions without merit. This case involves the conjugal property of Alfredo and Elvira. Since the disposition of the property occurred after the effectivity of the Family Code, the applicable law is the Family Code. Article 124 of the Family Code provides: Art. 124. The administration and enjoyment of the conjugal partnership property shall belong to both spouses jointly. In case of disagreement, the husbands decision shall prevail, subject to

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the recourse to the court by the wife for a proper remedy, which must be availed of within five years from the date of the contract implementing such decision. In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the conjugal properties, the other spouse may assume sole powers of administration. These powers do not include the powers of disposition or encumbrance which must have the authority of the court or the written consent of the other spouse. In the absence of such authority or consent, the disposition or encumbrance shall be void. However, the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person, and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors. (Emphasis supplied) In this case, Alfredo was the sole administrator of the property because Elvira, with whom Alfredo was separated in fact, was unable to participate in the administration of the conjugal property. However, as sole administrator of the property, Alfredo still cannot sell the property without the written consent of Elvira or the authority of the court. Without such consent or authority, the sale is void.16 The absence of the consent of one of the spouse renders the entire sale void, including the portion of the conjugal property pertaining to the spouse who contracted the sale.17 Even if the other spouse actively participated in negotiating for the sale of the property, that other spouses written consent to the sale is still required by law for its validity.18 The Agreement entered into by Alfredo and Mario was without the written consent of Elvira. Thus, the Agreement is entirely void. As regards Marios contention that the Agreement is a continuing offer which may be perfected by Elviras acceptance before the offer is withdrawn, the fact that the property was subsequently donated by Alfredo to Winifred and then sold to IDRI clearly indicates that the offer was already withdrawn. However, we disagree with the finding of the Court of Appeals that the one-half undivided share of Alfredo in the property was already forfeited in favor of his daughter Winifred, based on the ruling of the Cavite RTC in the legal separation case. The Court of Appeals misconstrued the ruling of the Cavite RTC that Alfredo, being the offending spouse, is deprived of his share in the net profits and the same is awarded to Winifred. The Cavite RTC ruling finds support in the following provisions of the Family Code: Art. 63. The decree of legal separation shall have the following effects: (1) The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed; (2) The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in accordance with the provisions of Article 43(2); (3) The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of Article 213 of this Code; and The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law. Art. 43. The termination of the subsequent marriage referred to in the preceding Article shall produce the following effects: xxx (2) The absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and liquidated, but if either spouse contracted said marriage in bad faith, his or

her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or, if there are none, the children of the guilty spouse by a previous marriage or, in default of children, the innocent spouse; (Emphasis supplied) Thus, among the effects of the decree of legal separation is that the conjugal partnership is dissolved and liquidated and the offending spouse would have no right to any share of the net profits earned by the conjugal partnership. It is only Alfredos share in the net profits which is forfeited in favor of Winifred. Article 102(4) of the Family Code provides that "[f]or purposes of computing the net profits subject to forfeiture in accordance with Article 43, No. (2) and 63, No. (2), the said profits shall be the increase in value between the market value of the community property at the time of the celebration of the marriage and the market value at the time of its dissolution." Clearly, what is forfeited in favor of Winifred is not Alfredos share in the conjugal partnership property but merely in the net profits of the conjugal partnership property. With regard to IDRI, we agree with the Court of Appeals in holding that IDRI is not a buyer in good faith. As found by the RTC Malabon and the Court of Appeals, IDRI had actual knowledge of facts and circumstances which should impel a reasonably cautious person to make further inquiries about the vendors title to the property. The representative of IDRI testified that he knew about the existence of the notice of lis pendens on TCT No. 5357 and the legal separation case filed before the Cavite RTC. Thus, IDRI could not feign ignorance of the Cavite RTC decision declaring the property as conjugal. Furthermore, if IDRI made further inquiries, it would have known that the cancellation of the notice of lis pendens was highly irregular. Under Section 77 of Presidential Decree No. 1529,19 the notice of lis pendens may be cancelled (a) upon order of the court, or (b) by the Register of Deeds upon verified petition of the party who caused the registration of the lis pendens. In this case, the lis pendens was cancelled by the Register of Deeds upon the request of Alfredo. There was no court order for the cancellation of the lis pendens. Neither did Elvira, the party who caused the registration of the lis pendens, file a verified petition for its cancellation. Besides, had IDRI been more prudent before buying the property, it would have discovered that Alfredos donation of the property to Winifred was without the consent of Elvira. Under Article 12520 of the Family Code, a conjugal property cannot be donated by one spouse without the consent of the other spouse. Clearly, IDRI was not a buyer in good faith.1avvphi1 Nevertheless, we find it proper to reinstate the order of the Malabon RTC for the reimbursement of the P18 million paid by IDRI for the property, which was inadvertently omitted in the dispositive portion of the Court of Appeals decision. WHEREFORE, we DENY the petitions. We AFFIRM the 7 July 2005 Decision of the Court of Appeals in CA-G.R. CV No. 74447 with the following MODIFICATIONS: (1) We DELETE the portions regarding the forfeiture of Alfredo Gozons one-half undivided share in favor of Winifred Gozon and the grant of option to Winifred Gozon whether or not to dispose of her undivided share in the property; and (2) We ORDER Alfredo Gozon and Winifred Gozon to pay Inter-Dimensional Realty, Inc. jointly and severally the Eighteen Million Pesos (P18,000,000) which was the amount paid by Inter-Dimensional Realty, Inc. for the property, with legal interest computed from the finality of this Decision. SO ORDERED.

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G.R. No 176556

July 4, 2012

7. a parcel of land with an area of 84 square meters located in Tungao, Butuan City; 8. Bashier Bon Factory located in Tungao, Butuan City; shall be divided equally between herein [respondents] and [petitioner] subject to the respective legitimes of the children and the payment of the unpaid conjugal liabilities of [P]45,740.00. [Petitioners] share, however, of the net profits earned by the conjugal partnership is forfeited in favor of the common children. He is further ordered to reimburse [respondents] the sum of [P]19,000.00 as attorney's fees and litigation expenses of [P]5,000.00[.] SO ORDERED.5 Neither party filed a motion for reconsideration and appeal within the period provided for under Section 17(a) and (b) of the Rule on Legal Separation.6 On December 12, 2005, the respondents filed a motion for execution7 which the trial court granted in its Order dated December 16, 2005, the dispositive portion of which reads: "Wherefore, finding the motion to be well taken, the same is hereby granted. Let a writ of execution be issued for the immediate enforcement of the Judgment. SO ORDERED."8 Subsequently, on February 10, 2006, the RTC issued a Writ of Execution9 which reads as follows: NOW THEREFORE, that of the goods and chattels of the [petitioner] BRIGIDO B. QUIAO you cause to be made the sums stated in the afore-quoted DECISION [sic], together with your lawful fees in the service of this Writ, all in the Philippine Currency. But if sufficient personal property cannot be found whereof to satisfy this execution and your lawful fees, then we command you that of the lands and buildings of the said [petitioner], you make the said sums in the manner required by law. You are enjoined to strictly observed Section 9, Rule 39, Rule [sic] of the 1997 Rules of Civil Procedure. You are hereby ordered to make a return of the said proceedings immediately after the judgment has been satisfied in part or in full in consonance with Section 14, Rule 39 of the 1997 Rules of Civil Procedure, as amended.10 On July 6, 2006, the writ was partially executed with the petitioner paying the respondents the amount ofP46,870.00, representing the following payments: (a) P22,870.00 as petitioner's share of the payment of the conjugal share; (b) P19,000.00 as attorney's fees; and (c) P5,000.00 as litigation expenses.11 On July 7, 2006, or after more than nine months from the promulgation of the Decision, the petitioner filed before the RTC a Motion for Clarification,12 asking the RTC to define the term "Net Profits Earned." To resolve the petitioner's Motion for Clarification, the RTC issued an Order13 dated August 31, 2006, which held that the phrase "NET PROFIT EARNED" denotes "the remainder of the properties of the parties after deducting the separate properties

BRIGIDO B. QUIAO, Petitioner, vs. RITA C. QUIAO, KITCHIE C. QUIAO, LOTIS C. QUIAO, PETCHIE C. QUIAO, represented by their mother RITA QUIAO, Respondents. DECISION REYES, J.: The family is the basic and the most important institution of society. It is in the family where children are born and molded either to become useful citizens of the country or troublemakers in the community. Thus, we are saddened when parents have to separate and fight over properties, without regard to the message they send to their children. Notwithstanding this, we must not shirk from our obligation to rule on this case involving legal separation escalating to questions on dissolution and partition of properties. The Case This case comes before us via Petition for Review on Certiorari1 under Rule 45 of the Rules of Court. The petitioner seeks that we vacate and set aside the Order2 dated January 8, 2007 of the Regional Trial Court (RTC), Branch 1, Butuan City. In lieu of the said order, we are asked to issue a Resolution defining the net profits subject of the forfeiture as a result of the decree of legal separation in accordance with the provision of Article 102(4) of the Family Code, or alternatively, in accordance with the provisions of Article 176 of the Civil Code. Antecedent Facts On October 26, 2000, herein respondent Rita C. Quiao (Rita) filed a complaint for legal separation against herein petitioner Brigido B. Quiao (Brigido).3 Subsequently, the RTC rendered a Decision4 dated October 10, 2005, the dispositive portion of which provides: WHEREFORE, viewed from the foregoing considerations, judgment is hereby rendered declaring the legal separation of plaintiff Rita C. Quiao and defendant-respondent Brigido B. Quiao pursuant to Article 55. As such, the herein parties shall be entitled to live separately from each other, but the marriage bond shall not be severed. Except for Letecia C. Quiao who is of legal age, the three minor children, namely, Kitchie, Lotis and Petchie, all surnamed Quiao shall remain under the custody of the plaintiff who is the innocent spouse. Further, except for the personal and real properties already foreclosed by the RCBC, all the remaining properties, namely: 1. coffee mill in Balongagan, Las Nieves, Agusan del Norte; 2. coffee mill in Durian, Las Nieves, Agusan del Norte; 3. corn mill in Casiklan, Las Nieves, Agusan del Norte; 4. coffee mill in Esperanza, Agusan del Sur; 5. a parcel of land with an area of 1,200 square meters located in Tungao, Butuan City; 6. a parcel of agricultural land with an area of 5 hectares located in Manila de Bugabos, Butuan City;

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of each [of the] spouse and the debts."14 The Order further held that after determining the remainder of the properties, it shall be forfeited in favor of the common children because the offending spouse does not have any right to any share of the net profits earned, pursuant to Articles 63, No. (2) and 43, No. (2) of the Family Code.15 The dispositive portion of the Order states: WHEREFORE, there is no blatant disparity when the sheriff intends to forfeit all the remaining properties after deducting the payments of the debts for only separate properties of the defendant-respondent shall be delivered to him which he has none. The Sheriff is herein directed to proceed with the execution of the Decision. IT IS SO ORDERED.16 Not satisfied with the trial court's Order, the petitioner filed a Motion for Reconsideration17 on September 8, 2006. Consequently, the RTC issued another Order18 dated November 8, 2006, holding that although the Decision dated October 10, 2005 has become final and executory, it may still consider the Motion for Clarification because the petitioner simply wanted to clarify the meaning of "net profit earned."19 Furthermore, the same Order held: ALL TOLD, the Court Order dated August 31, 2006 is hereby ordered set aside. NET PROFIT EARNED, which is subject of forfeiture in favor of [the] parties' common children, is ordered to be computed in accordance [with] par. 4 of Article 102 of the Family Code.20 On November 21, 2006, the respondents filed a Motion for Reconsideration,21 praying for the correction and reversal of the Order dated November 8, 2006. Thereafter, on January 8, 2007,22 the trial court had changed its ruling again and granted the respondents' Motion for Reconsideration whereby the Order dated November 8, 2006 was set aside to reinstate the Order dated August 31, 2006. Not satisfied with the trial court's Order, the petitioner filed on February 27, 2007 this instant Petition for Review under Rule 45 of the Rules of Court, raising the following: Issues I IS THE DISSOLUTION AND THE CONSEQUENT LIQUIDATION OF THE COMMON PROPERTIES OF THE HUSBAND AND WIFE BY VIRTUE OF THE DECREE OF LEGAL SEPARATION GOVERNED BY ARTICLE 125 (SIC) OF THE FAMILY CODE? II WHAT IS THE MEANING OF THE NET PROFITS EARNED BY THE CONJUGAL PARTNERSHIP FOR PURPOSES OF EFFECTING THE FORFEITURE AUTHORIZED UNDER ARTICLE 63 OF THE FAMILY CODE? III WHAT LAW GOVERNS THE PROPERTY RELATIONS BETWEEN THE HUSBAND AND WIFE WHO GOT MARRIED IN 1977? CAN THE FAMILY CODE OF THE PHILIPPINES BE GIVEN RETROACTIVE EFFECT FOR PURPOSES OF DETERMINING THE NET PROFITS SUBJECT OF FORFEITURE AS A RESULT OF THE DECREE OF LEGAL SEPARATION WITHOUT IMPAIRING VESTED RIGHTS ALREADY ACQUIRED UNDER THE CIVIL CODE? IV WHAT PROPERTIES SHALL BE INCLUDED IN THE FORFEITURE OF THE SHARE OF THE GUILTY SPOUSE IN THE NET CONJUGAL PARTNERSHIP AS A RESULT OF THE ISSUANCE OF THE DECREE OF LEGAL SEPARATION?23

Our Ruling While the petitioner has raised a number of issues on the applicability of certain laws, we are well-aware that the respondents have called our attention to the fact that the Decision dated October 10, 2005 has attained finality when the Motion for Clarification was filed.24 Thus, we are constrained to resolve first the issue of the finality of the Decision dated October 10, 2005 and subsequently discuss the matters that we can clarify. The Decision dated October 10, 2005 has become final and executory at the time the Motion for Clarification was filed on July 7, 2006. Section 3, Rule 41 of the Rules of Court provides: Section 3. Period of ordinary appeal. - The appeal shall be taken within fifteen (15) days from notice of the judgment or final order appealed from. Where a record on appeal is required, the appellant shall file a notice of appeal and a record on appeal within thirty (30) days from notice of the judgment or final order. The period of appeal shall be interrupted by a timely motion for new trial or reconsideration. No motion for extension of time to file a motion for new trial or reconsideration shall be allowed. In Neypes v. Court of Appeals,25 we clarified that to standardize the appeal periods provided in the Rules and to afford litigants fair opportunity to appeal their cases, we held that "it would be practical to allow a fresh period of 15 days within which to file the notice of appeal in the RTC, counted from receipt of the order dismissing a motion for a new trial or motion for reconsideration."26 In Neypes, we explained that the "fresh period rule" shall also apply to Rule 40 governing appeals from the Municipal Trial Courts to the RTCs; Rule 42 on petitions for review from the RTCs to the Court of Appeals (CA); Rule 43 on appeals from quasijudicial agencies to the CA and Rule 45 governing appeals by certiorari to the Supreme Court. We also said, "The new rule aims to regiment or make the appeal period uniform, to be counted from receipt of the order denying the motion for new trial, motion for reconsideration (whether full or partial) or any final order or resolution."27 In other words, a party litigant may file his notice of appeal within a fresh 15-day period from his receipt of the trial court's decision or final order denying his motion for new trial or motion for reconsideration. Failure to avail of the fresh 15-day period from the denial of the motion for reconsideration makes the decision or final order in question final and executory. In the case at bar, the trial court rendered its Decision on October 10, 2005. The petitioner neither filed a motion for reconsideration nor a notice of appeal. On December 16, 2005, or after 67 days had lapsed, the trial court issued an order granting the respondent's motion for execution; and on February 10, 2006, or after 123 days had lapsed, the trial court issued a writ of execution. Finally, when the writ had already been partially executed, the petitioner, on July 7, 2006 or after 270 days had lapsed, filed his Motion for Clarification on the definition of the "net profits earned." From the foregoing, the petitioner had clearly slept on his right to question the RTCs Decision dated October 10, 2005. For 270 days, the petitioner never raised a single issue until the decision had already been partially executed. Thus at the time the petitioner filed his motion for clarification, the trial courts decision has become final and executory. A judgment becomes final and executory when the reglementary period to appeal lapses and no appeal is perfected within such period. Consequently, no court, not even this Court, can arrogate unto itself appellate jurisdiction to review a case or modify a judgment that became final.28 The petitioner argues that the decision he is questioning is a void judgment. Being such, the petitioner's thesis is that it can still be disturbed even after 270 days had lapsed from the issuance of

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the decision to the filing of the motion for clarification. He said that "a void judgment is no judgment at all. It never attains finality and cannot be a source of any right nor any obligation."29 But what precisely is a void judgment in our jurisdiction? When does a judgment becomes void? "A judgment is null and void when the court which rendered it had no power to grant the relief or no jurisdiction over the subject matter or over the parties or both."30 In other words, a court, which does not have the power to decide a case or that has no jurisdiction over the subject matter or the parties, will issue a void judgment or acoram non judice.31 The questioned judgment does not fall within the purview of a void judgment. For sure, the trial court has jurisdiction over a case involving legal separation. Republic Act (R.A.) No. 8369 confers upon an RTC, designated as the Family Court of a city, the exclusive original jurisdiction to hear and decide, among others, complaints or petitions relating to marital status and property relations of the husband and wife or those living together.32 The Rule on Legal Separation33 provides that "the petition [for legal separation] shall be filed in the Family Court of the province or city where the petitioner or the respondent has been residing for at least six months prior to the date of filing or in the case of a non-resident respondent, where he may be found in the Philippines, at the election of the petitioner."34 In the instant case, herein respondent Rita is found to reside in Tungao, Butuan City for more than six months prior to the date of filing of the petition; thus, the RTC, clearly has jurisdiction over the respondent's petition below. Furthermore, the RTC also acquired jurisdiction over the persons of both parties, considering that summons and a copy of the complaint with its annexes were served upon the herein petitioner on December 14, 2000 and that the herein petitioner filed his Answer to the Complaint on January 9, 2001.35 Thus, without doubt, the RTC, which has rendered the questioned judgment, has jurisdiction over the complaint and the persons of the parties. From the aforecited facts, the questioned October 10, 2005 judgment of the trial court is clearly not void ab initio, since it was rendered within the ambit of the court's jurisdiction. Being such, the same cannot anymore be disturbed, even if the modification is meant to correct what may be considered an erroneous conclusion of fact or law.36 In fact, we have ruled that for "[as] long as the public respondent acted with jurisdiction, any error committed by him or it in the exercise thereof will amount to nothing more than an error of judgment which may be reviewed or corrected only by appeal."37 Granting without admitting that the RTC's judgment dated October 10, 2005 was erroneous, the petitioner's remedy should be an appeal filed within the reglementary period. Unfortunately, the petitioner failed to do this. He has already lost the chance to question the trial court's decision, which has become immutable and unalterable. What we can only do is to clarify the very question raised below and nothing more. For our convenience, the following matters cannot anymore be disturbed since the October 10, 2005 judgment has already become immutable and unalterable, to wit: (a) The finding that the petitioner is the offending spouse since he cohabited with a woman who is not his wife;38 (b) The trial court's grant of the petition for legal separation of respondent Rita;39 (c) The dissolution and liquidation of the conjugal partnership;40 (d) The forfeiture of the petitioner's right to any share of the net profits earned by the conjugal partnership;41 (e) The award to the innocent spouse of the minor children's custody;42 (f) The disqualification of the offending spouse from inheriting from the innocent spouse by intestate succession;43

(g) The revocation of provisions in favor of the offending spouse made in the will of the innocent spouse;44 (h) The holding that the property relation of the parties is conjugal partnership of gains and pursuant to Article 116 of the Family Code, all properties acquired during the marriage, whether acquired by one or both spouses, is presumed to be conjugal unless the contrary is proved;45 (i) The finding that the spouses acquired their real and personal properties while they were living together;46 (j) The list of properties which Rizal Commercial Banking Corporation (RCBC) foreclosed;47 (k) The list of the remaining properties of the couple which must be dissolved and liquidated and the fact that respondent Rita was the one who took charge of the administration of these properties;48 (l) The holding that the conjugal partnership shall be liable to matters included under Article 121 of the Family Code and the conjugal liabilities totaling P503,862.10 shall be charged to the income generated by these properties;49 (m) The fact that the trial court had no way of knowing whether the petitioner had separate properties which can satisfy his share for the support of the family;50 (n) The holding that the applicable law in this case is Article 129(7);51 (o) The ruling that the remaining properties not subject to any encumbrance shall therefore be divided equally between the petitioner and the respondent without prejudice to the children's legitime;52 (p) The holding that the petitioner's share of the net profits earned by the conjugal partnership is forfeited in favor of the common children;53 and (q) The order to the petitioner to reimburse the respondents the sum of P19,000.00 as attorney's fees and litigation expenses of P5,000.00.54 After discussing lengthily the immutability of the Decision dated October 10, 2005, we will discuss the following issues for the enlightenment of the parties and the public at large. Article 129 of the Family Code applies to the present case since the parties' property relation is governed by the system of relative community or conjugal partnership of gains. The petitioner claims that the court a quo is wrong when it applied Article 129 of the Family Code, instead of Article 102. He confusingly argues that Article 102 applies because there is no other provision under the Family Code which defines net profits earned subject of forfeiture as a result of legal separation. Offhand, the trial court's Decision dated October 10, 2005 held that Article 129(7) of the Family Code applies in this case. We agree with the trial court's holding. First, let us determine what governs the couple's property relation. From the record, we can deduce that the petitioner and the respondent tied the marital knot on January 6, 1977. Since at the time of the exchange of marital vows, the operative law was the Civil Code of the Philippines (R.A. No. 386) and since they did not agree on a marriage settlement, the property relations between the petitioner and the respondent is the system of relative community or conjugal partnership of gains.55 Article 119 of the Civil Code provides: Art. 119. The future spouses may in the marriage settlements agree upon absolute or relative community of property, or upon complete separation of property, or upon any other regime. In the absence of marriage settlements, or when the same are void,

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the system of relative community or conjugal partnership of gains as established in this Code, shall govern the property relations between husband and wife. Thus, from the foregoing facts and law, it is clear that what governs the property relations of the petitioner and of the respondent is conjugal partnership of gains. And under this property relation, "the husband and the wife place in a common fund the fruits of their separate property and the income from their work or industry."56 The husband and wife also own in common all the property of the conjugal partnership of gains.57 Second, since at the time of the dissolution of the petitioner and the respondent's marriage the operative law is already the Family Code, the same applies in the instant case and the applicable law in so far as the liquidation of the conjugal partnership assets and liabilities is concerned is Article 129 of the Family Code in relation to Article 63(2) of the Family Code. The latter provision is applicable because according to Article 256 of the Family Code "[t]his Code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code or other law."58 Now, the petitioner asks: Was his vested right over half of the common properties of the conjugal partnership violated when the trial court forfeited them in favor of his children pursuant to Articles 63(2) and 129 of the Family Code? We respond in the negative. Indeed, the petitioner claims that his vested rights have been impaired, arguing: "As earlier adverted to, the petitioner acquired vested rights over half of the conjugal properties, the same being owned in common by the spouses. If the provisions of the Family Code are to be given retroactive application to the point of authorizing the forfeiture of the petitioner's share in the net remainder of the conjugal partnership properties, the same impairs his rights acquired prior to the effectivity of the Family Code."59 In other words, the petitioner is saying that since the property relations between the spouses is governed by the regime of Conjugal Partnership of Gains under the Civil Code, the petitioner acquired vested rights over half of the properties of the Conjugal Partnership of Gains, pursuant to Article 143 of the Civil Code, which provides: "All property of the conjugal partnership of gains is owned in common by the husband and wife."60 Thus, since he is one of the owners of the properties covered by the conjugal partnership of gains, he has a vested right over half of the said properties, even after the promulgation of the Family Code; and he insisted that no provision under the Family Code may deprive him of this vested right by virtue of Article 256 of the Family Code which prohibits retroactive application of the Family Code when it will prejudice a person's vested right. However, the petitioner's claim of vested right is not one which is written on stone. In Go, Jr. v. Court of Appeals,61we define and explained "vested right" in the following manner: A vested right is one whose existence, effectivity and extent do not depend upon events foreign to the will of the holder, or to the exercise of which no obstacle exists, and which is immediate and perfect in itself and not dependent upon a contingency. The term "vested right" expresses the concept of present fixed interest which, in right reason and natural justice, should be protected against arbitrary State action, or an innately just and imperative right which enlightened free society, sensitive to inherent and irrefragable individual rights, cannot deny. To be vested, a right must have become a titlelegal or equitableto the present or future enjoyment of property.62 (Citations omitted) In our en banc Resolution dated October 18, 2005 for ABAKADA Guro Party List Officer Samson S. Alcantara, et al. v. The Hon. Executive Secretary Eduardo R. Ermita,63 we also explained:

The concept of "vested right" is a consequence of the constitutional guaranty of due process that expresses a present fixed interest which in right reason and natural justice is protected against arbitrary state action; it includes not only legal or equitable title to the enforcement of a demand but also exemptions from new obligations created after the right has become vested. Rights are considered vested when the right to enjoyment is a present interest, absolute, unconditional, and perfect or fixed and irrefutable.64 (Emphasis and underscoring supplied) From the foregoing, it is clear that while one may not be deprived of his "vested right," he may lose the same if there is due process and such deprivation is founded in law and jurisprudence. In the present case, the petitioner was accorded his right to due process. First, he was well-aware that the respondent prayed in her complaint that all of the conjugal properties be awarded to her.65 In fact, in his Answer, the petitioner prayed that the trial court divide the community assets between the petitioner and the respondent as circumstances and evidence warrant after the accounting and inventory of all the community properties of the parties.66 Second, when the Decision dated October 10, 2005 was promulgated, the petitioner never questioned the trial court's ruling forfeiting what the trial court termed as "net profits," pursuant to Article 129(7) of the Family Code.67 Thus, the petitioner cannot claim being deprived of his right to due process. Furthermore, we take note that the alleged deprivation of the petitioner's "vested right" is one founded, not only in the provisions of the Family Code, but in Article 176 of the Civil Code. This provision is like Articles 63 and 129 of the Family Code on the forfeiture of the guilty spouse's share in the conjugal partnership profits. The said provision says: Art. 176. In case of legal separation, the guilty spouse shall forfeit his or her share of the conjugal partnership profits, which shall be awarded to the children of both, and the children of the guilty spouse had by a prior marriage. However, if the conjugal partnership property came mostly or entirely from the work or industry, or from the wages and salaries, or from the fruits of the separate property of the guilty spouse, this forfeiture shall not apply. In case there are no children, the innocent spouse shall be entitled to all the net profits. From the foregoing, the petitioner's claim of a vested right has no basis considering that even under Article 176 of the Civil Code, his share of the conjugal partnership profits may be forfeited if he is the guilty party in a legal separation case. Thus, after trial and after the petitioner was given the chance to present his evidence, the petitioner's vested right claim may in fact be set aside under the Civil Code since the trial court found him the guilty party. More, in Abalos v. Dr. Macatangay, Jr.,68 we reiterated our longstanding ruling that: [P]rior to the liquidation of the conjugal partnership, the interest of each spouse in the conjugal assets is inchoate, a mere expectancy, which constitutes neither a legal nor an equitable estate, and does not ripen into title until it appears that there are assets in the community as a result of the liquidation and settlement. The interest of each spouse is limited to the net remainder or "remanente liquido" (haber ganancial) resulting from the liquidation of the affairs of the partnership after its dissolution. Thus, the right of the husband or wife to one-half of the conjugal assets does not vest until the dissolution and liquidation of the conjugal partnership, or after dissolution of the marriage, when it is finally determined that, after settlement of conjugal obligations, there are net assets left which can be divided between the spouses or their respective heirs.69 (Citations omitted)

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Finally, as earlier discussed, the trial court has already decided in its Decision dated October 10, 2005 that the applicable law in this case is Article 129(7) of the Family Code.70 The petitioner did not file a motion for reconsideration nor a notice of appeal. Thus, the petitioner is now precluded from questioning the trial court's decision since it has become final and executory. The doctrine of immutability and unalterability of a final judgment prevents us from disturbing the Decision dated October 10, 2005 because final and executory decisions can no longer be reviewed nor reversed by this Court.71 From the above discussions, Article 129 of the Family Code clearly applies to the present case since the parties' property relation is governed by the system of relative community or conjugal partnership of gains and since the trial court's Decision has attained finality and immutability. The net profits of the conjugal partnership of gains are all the fruits of the separate properties of the spouses and the products of their labor and industry. The petitioner inquires from us the meaning of "net profits" earned by the conjugal partnership for purposes of effecting the forfeiture authorized under Article 63 of the Family Code. He insists that since there is no other provision under the Family Code, which defines "net profits" earned subject of forfeiture as a result of legal separation, then Article 102 of the Family Code applies. What does Article 102 of the Family Code say? Is the computation of "net profits" earned in the conjugal partnership of gains the same with the computation of "net profits" earned in the absolute community? Now, we clarify. First and foremost, we must distinguish between the applicable law as to the property relations between the parties and the applicable law as to the definition of "net profits." As earlier discussed, Article 129 of the Family Code applies as to the property relations of the parties. In other words, the computation and the succession of events will follow the provisions under Article 129 of the said Code. Moreover, as to the definition of "net profits," we cannot but refer to Article 102(4) of the Family Code, since it expressly provides that for purposes of computing the net profits subject to forfeiture under Article 43, No. (2) and Article 63, No. (2), Article 102(4) applies. In this provision, net profits "shall be the increase in value between the market value of the community property at the time of the celebration of the marriage and the market value at the time of its dissolution."72 Thus, without any iota of doubt, Article 102(4) applies to both the dissolution of the absolute community regime under Article 102 of the Family Code, and to the dissolution of the conjugal partnership regime under Article 129 of the Family Code. Where lies the difference? As earlier shown, the difference lies in the processes used under the dissolution of the absolute community regime under Article 102 of the Family Code, and in the processes used under the dissolution of the conjugal partnership regime under Article 129 of the Family Code. Let us now discuss the difference in the processes between the absolute community regime and the conjugal partnership regime. On Absolute Community Regime: When a couple enters into a regime of absolute community, the husband and the wife becomes joint owners ofall the properties of the marriage. Whatever property each spouse brings into the marriage, and those acquired during the marriage (except those excluded under Article 92 of the Family Code) form the common mass of the couple's properties. And when the couple's marriage or community is dissolved, that common mass is divided between the spouses, or their respective heirs, equally or in the proportion the parties have established, irrespective of the value each one may have originally owned.73

Under Article 102 of the Family Code, upon dissolution of marriage, an inventory is prepared, listing separately all the properties of the absolute community and the exclusive properties of each; then the debts and obligations of the absolute community are paid out of the absolute community's assets and if the community's properties are insufficient, the separate properties of each of the couple will be solidarily liable for the unpaid balance. Whatever is left of the separate properties will be delivered to each of them. The net remainder of the absolute community is its net assets, which shall be divided between the husband and the wife; and for purposes of computing the net profits subject to forfeiture, said profits shall be the increase in value between the market value of the community property at the time of the celebration of the marriage and the market value at the time of its dissolution.74 Applying Article 102 of the Family Code, the "net profits" requires that we first find the market value of the properties at the time of the community's dissolution. From the totality of the market value of all the properties, we subtract the debts and obligations of the absolute community and this result to the net assets or net remainder of the properties of the absolute community, from which we deduct the market value of the properties at the time of marriage, which then results to the net profits.75 Granting without admitting that Article 102 applies to the instant case, let us see what will happen if we apply Article 102: (a) According to the trial court's finding of facts, both husband and wife have no separate properties, thus, the remaining properties in the list above are all part of the absolute community. And its market value at the time of the dissolution of the absolute community constitutes the "market value at dissolution." (b) Thus, when the petitioner and the respondent finally were legally separated, all the properties which remained will be liable for the debts and obligations of the community. Such debts and obligations will be subtracted from the "market value at dissolution." (c) What remains after the debts and obligations have been paid from the total assets of the absolute community constitutes the net remainder or net asset. And from such net asset/remainder of the petitioner and respondent's remaining properties, the market value at the time of marriage will be subtracted and the resulting totality constitutes the "net profits." (d) Since both husband and wife have no separate properties, and nothing would be returned to each of them, what will be divided equally between them is simply the "net profits." However, in the Decision dated October 10, 2005, the trial court forfeited the half-share of the petitioner in favor of his children. Thus, if we use Article 102 in the instant case (which should not be the case), nothing is left to the petitioner since both parties entered into their marriage without bringing with them any property. On Conjugal Partnership Regime: Before we go into our disquisition on the Conjugal Partnership Regime, we make it clear that Article 102(4) of the Family Code applies in the instant case for purposes only of defining "net profit." As earlier explained, the definition of "net profits" in Article 102(4) of the Family Code applies to both the absolute community regime and conjugal partnership regime as provided for under Article 63, No. (2) of the Family Code, relative to the provisions on Legal Separation. Now, when a couple enters into a regime of conjugal partnership of gains under Article 142 of the Civil Code, "the husband and the wife place in common fund the fruits of their separate property and income from their work or industry, and

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divide equally, upon the dissolution of the marriage or of the partnership, the net gains or benefits obtained indiscriminately by either spouse during the marriage."76 From the foregoing provision, each of the couple has his and her own property and debts. The law does not intend to effect a mixture or merger of those debts or properties between the spouses. Rather, it establishes a complete separation of capitals.77 Considering that the couple's marriage has been dissolved under the Family Code, Article 129 of the same Code applies in the liquidation of the couple's properties in the event that the conjugal partnership of gains is dissolved, to wit: Art. 129. Upon the dissolution of the conjugal partnership regime, the following procedure shall apply: (1) An inventory shall be prepared, listing separately all the properties of the conjugal partnership and the exclusive properties of each spouse. (2) Amounts advanced by the conjugal partnership in payment of personal debts and obligations of either spouse shall be credited to the conjugal partnership as an asset thereof. (3) Each spouse shall be reimbursed for the use of his or her exclusive funds in the acquisition of property or for the value of his or her exclusive property, the ownership of which has been vested by law in the conjugal partnership. (4) The debts and obligations of the conjugal partnership shall be paid out of the conjugal assets. In case of insufficiency of said assets, the spouses shall be solidarily liable for the unpaid balance with their separate properties, in accordance with the provisions of paragraph (2) of Article 121. (5) Whatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them. (6) Unless the owner had been indemnified from whatever source, the loss or deterioration of movables used for the benefit of the family, belonging to either spouse, even due to fortuitous event, shall be paid to said spouse from the conjugal funds, if any. (7) The net remainder of the conjugal partnership properties shall constitute the profits, which shall be divided equally between husband and wife, unless a different proportion or division was agreed upon in the marriage settlements or unless there has been a voluntary waiver or forfeiture of such share as provided in this Code. (8) The presumptive legitimes of the common children shall be delivered upon the partition in accordance with Article 51. (9) In the partition of the properties, the conjugal dwelling and the lot on which it is situated shall, unless otherwise agreed upon by the parties, be adjudicated to the spouse with whom the majority of the common children choose to remain. Children below the age of seven years are deemed to have chosen the mother, unless the court has decided otherwise. In case there is no such majority, the court shall decide, taking into consideration the best interests of said children. In the normal course of events, the following are the steps in the liquidation of the properties of the spouses: (a) An inventory of all the actual properties shall be made, separately listing the couple's conjugal properties and their separate properties.78 In the instant case, the

trial court found that the couple has no separate properties when they married.79 Rather, the trial court identified the following conjugal properties, to wit: 1. coffee mill in Balongagan, Las Nieves, Agusan del Norte; 2. coffee mill in Durian, Las Nieves, Agusan del Norte; 3. corn mill in Casiklan, Las Nieves, Agusan del Norte; 4. coffee mill in Esperanza, Agusan del Sur; 5. a parcel of land with an area of 1,200 square meters located in Tungao, Butuan City; 6. a parcel of agricultural land with an area of 5 hectares located in Manila de Bugabos, Butuan City; 7. a parcel of land with an area of 84 square meters located in Tungao, Butuan City; 8. Bashier Bon Factory located in Tungao, Butuan City.80 (b) Ordinarily, the benefit received by a spouse from the conjugal partnership during the marriage is returned in equal amount to the assets of the conjugal partnership;81 and if the community is enriched at the expense of the separate properties of either spouse, a restitution of the value of such properties to their respective owners shall be made.82 (c) Subsequently, the couple's conjugal partnership shall pay the debts of the conjugal partnership; while the debts and obligation of each of the spouses shall be paid from their respective separate properties. But if the conjugal partnership is not sufficient to pay all its debts and obligations, the spouses with their separate properties shall be solidarily liable.83 (d) Now, what remains of the separate or exclusive properties of the husband and of the wife shall be returned to each of them.84 In the instant case, since it was already established by the trial court that the spouses have no separate properties,85 there is nothing to return to any of them. The listed properties above are considered part of the conjugal partnership. Thus, ordinarily, what remains in the above-listed properties should be divided equally between the spouses and/or their respective heirs.86However, since the trial court found the petitioner the guilty party, his share from the net profits of the conjugal partnership is forfeited in favor of the common children, pursuant to Article 63(2) of the Family Code. Again, lest we be confused, like in the absolute community regime, nothing will be returned to the guilty party in the conjugal partnership regime, because there is no separate property which may be accounted for in the guilty party's favor. In the discussions above, we have seen that in both instances, the petitioner is not entitled to any property at all. Thus, we cannot but uphold the Decision dated October 10, 2005 of the trial court. However, we must clarify, as we already did above, the Order dated January 8, 2007. WHEREFORE, the Decision dated October 10, 2005 of the Regional Trial Court, Branch 1 of Butuan City is AFFIRMED. Acting on the Motion for Clarification dated July 7, 2006 in the Regional Trial Court, the Order dated January 8, 2007 of the Regional Trial Court is hereby CLARIFIED in accordance with the above discussions. SO ORDERED.

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