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Case:
Republic of the Philippines vs. Cesar Encalan, G.R. No.
170022, January 9, 2013
Subject: Civil Law
Topic: Marriage Psychological Incapacity
Principle: Psychological incapacity contemplates "downright incapacity or
inability to take cognizance of and to assume the basic marital obligations";
not merely the refusal, neglect or difficulty, much less ill will, on the part of
the errant spouse.
Case Digest
Facts: Cesar married Lolita and the union bore two children. To support his
family, Cesar went to work in Saudi Arabia. While still in Saudi Arabia,
learned that Lolita had been having an illicit affair with Alvin Perez.
Later, Lolita allegedly left the conjugal home with her children and lived with
Alvin. Since then, Cesar and Lolita had been separated. Cesar filed with the
RTC a petition against Lolita for the declaration of the nullity of his marriage
based on Lolitas psychological incapacity.
At the trial, Cesar presented the psychological evaluation report which found
that Lolitas "transferring from one job to the other depicts some
interpersonal problems with co-workers as well as her impatience in attaining
her ambitions"; and "her refusal to go with her husband abroad signifies her
reluctance to work out a good marital and family relationship."
RTC found sufficient basis to declare Lolita psychologically incapacitated to
comply with the essential marital obligations and declared their marriage
void.
The CA affirmed the RTCs decision.
Issue: whether there exists sufficient basis to nullify Cesars marriage to
Lolita on the ground of psychological incapacity.
Ruling:
No.
Article 36 of the Family Code governs psychological incapacity as a ground
for declaration of nullity of marriage. Psychological incapacity contemplates
"downright incapacity or inability to take cognizance of and to assume the
basic marital obligations"; not merely the refusal, neglect or difficulty, much
less ill will, on the part of the errant spouse. The plaintiff bears the burden of
proof.
In the case, Cesar failed to prove that Lolita was psychologically
incapacitated. 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. No evidence on record exists. Further, the
psychological evaluation showed that Lolita did not suffer from any major
psychiatric illness.
It should also be noted that 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.
Bar Question Type
Problem: Cesar and Lolita got married and bore two children. To support the
family, Cesar flew and worked in Saudi Arabia. It was later found out that
Lolita had been having an illicit relationship with Alvin. Cesar filed with the
RTC a petition against Lolita for the declaration of the nullity of his marriage
based on Lolitas psychological incapacity. He alleges that Lolita is
psychologically incapacitated since psychological evaluation report found
that Lolitas "transferring from one job to the other depicts some
interpersonal problems with co-workers as well as her impatience in attaining
her ambitions"; and "her refusal to go with her husband abroad signifies her
reluctance to work out a good marital and family relationship." Is there
sufficient basis to nullify Cesars marriage to Lolita on the ground of
psychological incapacity?
Suggested Answer:
No.
Article 36 of the Family Code governs psychological incapacity as a ground
for declaration of nullity of marriage. Psychological incapacity contemplates
"downright incapacity or inability to take cognizance of and to assume the
basic marital obligations"; not merely the refusal, neglect or difficulty, much
less ill will, on the part of the errant spouse.
In the case, Cesar failed to prove that Lolita was psychologically
incapacitated. 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. No evidence on record exists. Further, the
psychological evaluation showed that Lolita did not suffer from any major
psychiatric illness.
In the case of Perez vs. Court of Appeals, the court held that: In
custody cases, the foremost consideration is always the welfare and best
interest of the child. (G.R. No. 118870, March 29, 1996, 255 SCRA 661, 669)
The matter of custody is not permanent and unalterable. If the parent who
was given custody suffers a future character change and becomes unfit, the
matter of custody can always be re-examined and adjusted. The welfare, the
best interests, the benefit, and the good of the child must be determined as
of the time that either parent is chosen to be the custodian. In all actions
concerning children, whether undertaken by public or private social welfare
institutions, courts of law, administrative authorities or legislative bodies, the
best interests of the child shall be a primary consideration." (Article 3,
number 1, CONVENTION ON THE RIGHTS OF THE CHILD, Adopted by the
General Assembly of the United Nations on November 20, 1989)
Further, in all questions relating to the care, custody, education and
property of the children, the latter's welfare is paramount. This means that
the best interest of the minor can override procedural rules and even the
rights of parents to the custody of their children. Since, in this case, the very
life and existence of the minor is at stake and the child over 7 years of age
can exercise an intelligent choice, the courts can do no less than respect,
enforce and give meaning and substance to that choice and uphold his/her
right to live in an atmosphere conducive to his/her physical, moral and
intellectual development. x x x (Luna v. Intermediate Appellate Court, No. L68374, June 18, 1985, 137 SCRA 7, 16)
In the present case, Geoffrey, Jr., at the time when he persistently
refused to be turned over to his father, was already 9 years of age. As such,
he was very much capable of deciding, based on his past experiences, with
whom he wanted to stay. Custody is not permanent, even if previously
granted by a competent court in favor of a parent, based on the compromise
agreement in the instant case. Thus, the preference of the child Geoffrey, Jr.
over 7 years of age as to whom he desired to live with shall be respected,
that is, with Eltesa.
Yes.
Under the Family Code, 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. Marriage license is
one of the formal requisites for marriage.
In the case at bar, 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 43 G.R. No.
103047, September 2, 1994, 236 SCRA 257. Decision G.R. No. 183896 9
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.
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.
Hence, the marriage is void ab initio.
BAR QUESTION
Mr. Aa Pakistani national married Ms. B a Filipina. The marriage was
solemnized without marriage license and such is not under the exceptions
provided by law to be exempt from such license. Was there a valid marriage?
Answer:
No, the marriage is void ab initio.
A marriage license in needed to have a valid marriage. Article 3 of the Family
Code states that a valid marriage license is one of the formal requisite of
celebration of marriage. Article 4 of the Family Code states that the absence
of any of the essential or formal requisites shall render the marriage void ab
initio except as stated in Article 35 (2)
In the case at bar, the absence of marriage license during the celebration of
marriage makes the marriage void ab initio. Furthermore, the case is not one
of the exceptions provided by law to have a valid marriage notwithstanding
the absence of valid marriage license
June 26,
PRINCIPLE: The rule that only the husband or wife can file a declaration of
nullity or annulment of marriage does not apply if the reason behind the
petition is bigamy.
CASE DIGEST:
FACTS:
Petitioner Minoru Fujiki is a Japanese national who married respondent Maria
Paz Galela Marinay. The marriage did not sit well with petitioners parents.
Thus, Fujiki could not bring his wife to Japan where he resides. Eventually,
they lost contact with each other.
Marinay met another Japanese, Shinichi Maekara. Without the first marriage
being dissolved, Marinay and Maekara were married in Quezon City,
Philippines. Maekara brought Marinay to Japan. However, Marinay allegedly
suffered physical abuse from Maekara. She left Maekara and started to
contact Fujiki.
Fujiki and Marinay met in Japan and they were able to reestablish their
relationship. Fujiki helped Marinay obtain a judgment from a family court in
Japan which declared the marriage between Marinay and Maekara void on
the ground of bigamy. Fujiki filed a petition in the RTC praying that (1) the
Japanese Family Court judgment be recognized; (2) that the bigamous
marriage between Marinay and Maekara be declared void ab initiounder
Articles 35(4) and 41 of the Family Code of the Philippines.
ISSUE:
Whether or not the Rule on Declaration of Absolute Nullity of Void Marriages
and Annulment of Voidable Marriages stating that only the husband or wife
can file a declaration of nullity or annulment of marriage is applicable?
RULING:
No
In Juliano-Llave v. Republic,this Court held that the rule that only the
husband or wife can file a declaration of nullity or annulment of marriage
does not apply if the reason behind the petition is bigamy.
There is therefore no reason to disallow Fujiki to simply prove as a fact the
Japanese Family Court judgment nullifying the marriage between Marinay
and Maekara on the ground of bigamy. While the Philippines has no divorce
law, the Japanese Family Court judgment is fully consistent with Philippine
public policy, as bigamous marriages are declared void from the beginning
under Article 35(4) of the Family Code. Bigamy is a crime under Article 349
of the Revised Penal Code. Thus, Fujiki can prove the existence of the
Japanese Family Court judgment in accordance with Rule 132, Sections 24
and 25, in relation to Rule 39, Section 48(b) of the Rules of Court.
BAR QUESTION
Mr. X is a Japanese citizen married Ms. Y a Filipino citizen in the Philippines.
However the marriage was not approve by the parents of X. As a result X
cannot bring Y to Japan where he resides. Eventually, they lost contact with
each other.Y met another Japanese Mr. Z. Without dissolving the first
marriage Y and Z got married in the Philippines. Y was brought to japan by Z
to live with him. Allegedly Y suffered physical abuse from Z. Eventually, Y
separated from Z and begun contacting X.
Y and X begun to rekindle their love. Y obtained a judgment from a family
court in Japan which declared the marriage between Y and Z void on the
ground of bigamy. X filed a petition in the RTC praying that (1) the Japanese
Family Court judgment be recognized; (2) that the bigamous marriage
between Marinay and Maekara be declared void ab initio under Articles 35(4)
and 41 of the Family Code of the Philippines.
QUESTION: Is X correct on filing the petition?
Suggested Answer:
No
In Juliano-Llave v. Republic,this Court held that the rule that only the
husband or wife can file a declaration of nullity or annulment of marriage
does not apply if the reason behind the petition is bigamy.
There is therefore no reason to disallow Fujiki to simply prove as a fact the
Japanese Family Court judgment nullifying the marriage between Marinay
and Maekara on the ground of bigamy. While the Philippines has no divorce
law, the Japanese Family Court judgment is fully consistent with Philippine
public policy, as bigamous marriages are declared void from the beginning
under Article 35(4) of the Family Code. Bigamy is a crime under Article 349
of the Revised Penal Code. Thus, Fujiki can prove the existence of the
Japanese Family Court judgment in accordance with Rule 132, Sections 24
and 25, in relation to Rule 39, Section 48(b) of the Rules of Court.
Name
: Anna Danessa Valdez
Case : Republic of the Philippines vs. Liberty D. Albios
198780 , October 16, 2013
Subject: Civil Law
Topic : Marriage
G.R. No.
Principle:
Absence of any essential requisite shall render a marriage void ab initio.
Case Digest
Facts:
On October 22, 2004, Fringer, an American citizen, and Albios were married
before Judge Ofelia I. Calo of the MeTC Branch 59, Mandaluyong City. On
December 6, 2006, Albios filed with the RTC a petition for declaration of
nullity of her marriage with Fringer, alleging that immediately after their
marriage, they separated and never lived as husband and wife because they
never really had any intention of entering into a married state or complying
with any of their essential marital obligations. She described their marriage
as one made in jest and, therefore, null and void ab initio.
RTC declared the marriage void ab initio. It viewed the marriage as one for
convenience only or that which was entered into for a purpose other than the
establishment of a conjugal and family life, that such was a farce and should
not be recognized from its inception. The OSG filed a motion for
reconsideration. The RTC denied the motion for want of merit. It explained
that the marriage was declared void because the parties failed to freely give
their consent to the marriage as they had no intention to be legally bound by
it and used it only as a means to acquire American citizenship in
consideration of $2,000.00.
Not in conformity, the OSG filed an appeal before the CA. CA affirmed the
RTC ruling which found that the essential requisite of consent was lacking.
The CA stated that the parties clearly did not understand the nature and
consequence of getting married and that their case was similar to a marriage
in jest. It further explained that the parties never intended to enter into the
marriage contract and never intended to live as husband and wife or build a
family. It concluded that their purpose was primarily for personal gain, that
is, for Albios to obtain foreign citizenship, and for Fringer, the consideration
of $2,000.00. Hence, the petition.
Issue:
Whether or not a marriage contracted for the sole purpose of acquiring
American citizenship in consideration of $2,000.00, void ab initio on the
ground of lack of consent.
SC Ruling:
No. Under Article 2 of the Family Code, consent is an essential requisite of
marriage. Article 4 of the same Code provides that the absence of any
essential requisite shall render a marriage void ab initio.
Under said Article 2, for consent to be valid, it must be (1) freely given and
(2) made in the presence of a solemnizing officer. A "freely given" consent
requires that the contracting parties willingly and deliberately enter into the
marriage. Consent must be real in the sense that it is not vitiated nor
rendered defective by any of the vices of consent under Articles45 and 46 of
the Family Code, such as fraud, force, intimidation, and undue
influence. Consent must also be conscious or intelligent, in that the parties
must be capable of intelligently understanding the nature of, and both the
beneficial or unfavorable consequences of their act. Their understanding
should not be affected by insanity, intoxication, drugs, or hypnotism.
Based on the above, consent was not lacking between Albios and Fringer. In
fact, there was real consent because it was not vitiated nor rendered
defective by any vice of consent. Their consent was also conscious and
intelligent as they understood the nature and the beneficial and inconvenient
consequences of their marriage, as nothing impaired their ability to do so.
That their consent was freely given is best evidenced by their conscious
purpose of acquiring American citizenship through marriage. Such plainly
demonstrates that they willingly and deliberately contracted the marriage.
There was a clear intention to enter into a real and valid marriage so as to
fully comply with the requirements of an application for citizenship. There
was a full and complete understanding of the legal tie that would be created
between them, since it was that precise legal tie which was necessary to
accomplish their goal.
In ruling that Albios marriage was void for lack of consent, the CA
characterized such as akin to a marriage by way of jest. A marriage in jest is
a pretended marriage, legal in form but entered into as a joke, with no real
intention of entering into the actual marriage status, and with a clear
understanding that the parties would not be bound. The ceremony is not
followed by any conduct indicating a purpose to enter into such a relation. It
is a pretended marriage not intended to be real and with no intention to
create any legal ties whatsoever, hence, the absence of any genuine
consent. Marriages in jest are void ab initio, not for vitiated, defective, or
For consent to be valid, it must be (1) freely given and (2) made in the
presence of a solemnizing officer. A "freely given" consent requires that the
contracting parties willingly and deliberately enter into the marriage.
Consent must be real in the sense that it is not vitiated nor rendered
defective by any of the vices of consent under Articles45 and 46 of the
Family Code, such as fraud, force, intimidation, and undue influence. Consent
must also be conscious or intelligent, in that the parties must be capable of
intelligently understanding the nature of, and both the beneficial or
unfavorable consequences of their act. Their understanding should not be
affected by insanity, intoxication, drugs, or hypnotism.
In the case at bar, consent was not lacking between Albios and Fringer. In
fact, there was real consent because it was not vitiated nor rendered
defective by any vice of consent. Their consent was also conscious and
intelligent as they understood the nature and the beneficial and inconvenient
consequences of their marriage, as nothing impaired their ability to do so.
That their consent was freely given is best evidenced by their conscious
purpose of acquiring American citizenship through marriage. Such plainly
demonstrates that they willingly and deliberately contracted the marriage.
There was a clear intention to enter into a real and valid marriage so as to
fully comply with the requirements of an application for citizenship. There
was a full and complete understanding of the legal tie that would be created
between them, since it was that precise legal tie which was necessary to
accomplish their goal.
b) No. Neither can their marriage be considered voidable on the ground of
fraud under Article 45 (3) of the Family Code. Only the circumstances listed
under Article 46 of the same Code may constitute fraud, namely, (1) nondisclosure of a previous conviction involving moral turpitude; (2)
concealment by the wife of a pregnancy by another man; (3) concealment of
a sexually transmitted disease; and (4) concealment of drug addiction,
alcoholism, or homosexuality. No other misrepresentation or deceit shall
constitute fraud as a ground for an action to annul a marriage. Entering into
a marriage for the sole purpose of evading immigration laws does not qualify
under any of the listed circumstances. Furthermore, under Article 47 (3), the
ground of fraud may only be brought by the injured or innocent party. In the
present case, there is no injured party because Albios and Fringer both
conspired to enter into the sham marriage.