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t of marriages, under Article 88) is to emphasize that marriage is more
Syllabus Subtopic: Court procedure in legal separation than a mere contract.
FACTS : Article 103 of the Civil Code, now Article 58 of the Family Code, further
● Concepcion Alanis filed a complaint on October 1979, for the Declaration mandates that an action for legal separation must “in no case be tried before six
of Nullity of Marriage between her erstwhile husband Enrico Pacete and months shall have elapsed since the filing of the petition,” obviously in order to
one Clarita de la Concepcion, as well as for legal separation between her provide the parties a “cooling-off” period. In this interim, the court should take
and Pacete, accounting and separation of property. She averred in her steps toward getting the parties to reconcile.
complaint that she was married to Pacete on April 1938 and they had a
child named Consuelo; that Pacete subsequently contracted a second The significance of the above substantive provisions of the law is further
marriage with Clarita de la Concepcion and that she learned of such or underscored by the inclusion of a provision in Rule 18 of the Rules of Court
marriage only on August 1979. Reconciliation between her and Pacete which provides that no defaults in actions for annulments of marriage or for legal
was impossible since he evidently preferred to continue living with Clarita. separation. Therefore, “if the defendant in an action for annulment of marriage or
● The defendants were each served with summons. They filed an extension for legal separation fails to answer, the court shall order the prosecuting attorney
within which to file an answer, which the court partly granted. Due to to investigate whether or not a collusion between the parties exists, and if there is
unwanted misunderstanding, particularly in communication, the no collusion, to intervene for the State in order to see to it that the evidence
defendants failed to file an answer on the date set by the court. submitted is not fabricated.”
● Thereafter, the plaintiff filed a motion to declare the defendants in default,
which the court forthwith granted. The court received plaintiffs’ evidence WHEREFORE, the petition for certiorari is hereby GRANTED and the
during the hearings held on February 15, 20, 21, and 22, 1980. After trial, proceedings below, including the Decision of 17 March 1980 appealed from, are
the court rendered a decision in favor of the plaintiff on March 17,1980. NULLIFIED and SET ASIDE.
ISSUE : Whether or not the RTC gravely abused its discretion in denying
petitioner’s motion for extension of time to file their answer, in declaring
petitioners in default and in rendering its decision on March 17, 1980 which
decreed the legal separation of Pacete and Alanis and held to be null and void the
marriage of Pacete to Clarita.
HELD : The Civil Code provides that “no decree of legal separation shall be
promulgated upon a stipulation of facts or by confession of judgment. In case of
non-appearance of the defendant, the court shall order the prosecuting attorney to
inquire whether or not collusion between parties exists. If there is no collusion, the
prosecuting attorney shall intervene for the State in order to take care that the
evidence for the plaintiff is not fabricated.”
The above stated provision calling for the intervention of the state
attorneys in case of uncontested proceedings for legal separation (and of
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