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[Kinds of void marriages Psychological Incapacity] Manuel Almelor v. RTC Las Pinas and Leonida Almelor G.R. No.

. 179620, August 26, 2008 Ponente: Justice RT Reyes Facts: Certiorari of CA decision denying annulment petition affirming in toto RTC decision. parties married on January 29, 1989. After 11 years, private respondent filed with RTC Las Pinas for nullity on PI. She testified that Manuels kind demeanor did not last long. He was a harsh disciplinarian, but this was in stark contrast to his alleged lavish affection for his mother. He also concealed his homosexuality, through his peculiar closeness to his male companions (finding homosexual pornography in his possession). Then she took her children and left their dwelling. A clinical psychologist conducted interviews and tests on Leonida and had a one-time interciew with Manuel, concluded that Manuel was PI, marked by antecedence, even before marriage. Manuel admitted they argued, and that the true cause of her hostility was their professional rivalry (desist lying-in clinic to a hospital). Her family owns the hospital, rival hospitals. He denied maltreating the children. This same overly jealous behavior of Leonida drove Manuel to avoid the company of female friends. November 25, 2005, RTC nullified. July 31, 2007, CA affirms in toto RTC decision. Issue: Whether or not PI existed. Held: The stringent rules of procedure may be relaxed to serve the demands of substantial justice and in the Courts exercise of equity jurisdiction. 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. Concealment of homosexuality is an annulment ground, not homosexuality per se. Mere allegations of conflicting personalities, irreconcilable differences do not establish PI. 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. Even assuming Manuel is a homosexual, such cannot be a ground for annulment because 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.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. 11-year blissful marriage, 3 children. Plus, any doubt should be cast in favor of marriage. Annulment petition dismissed.

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