G.R. No. 178044 - Dino vs. Dino

Alain M. Diao and Ma. Caridad L. Diao were childhood friends who began cohabiting in 1984, separated in 1994, reunited in 1996, and married on January 14, 1998, before the Mayor of Las Piñas City.
They lived under the absolute community of property regime.

On May 30, 2001, petitioner filed a Declaration of Nullity of Marriage under Article 36 of the Family Code, alleging respondent’s psychological incapacity to comply with essential marital obligations and other marital misconduct.
Summons was served extrajudicially in the United States; respondent did not answer and subsequently obtained a California divorce (May 25, 2001) and remarried.
The Las Piñas City Prosecutor found no collusion; the case proceeded to trial.
Dr. Nedy L. Tayag’s psychological report diagnosed respondent with Narcissistic Personality Disorder, deemed incurable and existing at the time of marriage.
On October 18, 2006, the RTC granted the nullity petition, declared the marriage void ab initio, dissolved the absolute community, but ordered that the decree of absolute nullity be issued only after compliance with Articles 50 and 51 of the Family Code.
On March 12, 2007, the RTC partially granted petitioner’s motion for reconsideration and modified the condition to require liquidation, partition, and distribution of properties under Article 147 of the Family Code before issuing the decree.
Petitioner filed a Rule 45 petition with the Supreme Court assailing the property‐settlement condition.

Whether the trial court erred in conditioning the issuance of the decree of absolute nullity on the liquidation, partition, and distribution of properties under Article 147 of the Family Code.