Case Digest (G.R. No. 178044)
Facts:
Alain M. Dino v. Ma. Caridad L. Dino, G.R. No. 178044, January 19, 2011, Supreme Court Second Division, Carpio, J., writing for the Court. Petitioner is Alain M. Dino and respondent is Ma. Caridad L. Dino; the case is a Rule 45 petition for review of the Regional Trial Court (RTC) of Las Piñas City, Branch 254, Decision dated 18 October 2006 and Order dated 12 March 2007 (Civil Case No. LP‑01‑0149).Petitioner and respondent cohabited from 1984, separated in 1994, reconciled in 1996, and were married on 14 January 1998 before the Mayor of Las Piñas City. On 30 May 2001 petitioner filed an action for Declaration of Nullity of Marriage alleging respondent’s psychological incapacity under Article 36 of the Family Code; extrajudicial summons was served because respondent was then residing in the United States. Petitioner later learned respondent obtained a divorce in the Superior Court of California on 25 May 2001 and remarried on 5 October 2001.
The Office of the Las Piñas City prosecutor found no indicia of collusion on 30 April 2002 and the case proceeded to trial. Dr. Nedy L. Tayag, a clinical psychologist, submitted a report diagnosing respondent with Narcissistic Personality Disorder, characterized as longstanding and incurable. On 18 October 2006 the trial court (Presiding Judge Gloria Butay Aglugub) granted the petition, declared the marriage void ab initio under Article 36, and dissolved the regime of absolute community of property, but initially stated a decree of nullity would be issued only upon compliance with Articles 50 and 51 of the Family Code.
Petitioner moved for partial reconsideration challenging, among other things, the trial court’s conditioning of issuance of the decree upon liquidation. The RTC’s 12 March 2007 Order modified its decision to provide that “A DECREE OF ABSOLUTE NULLITY OF MARRIAGE shall be issued after liquidation, partition and distribution of the parties’ properti...(Subscriber-Only)
Issues:
- Did the trial court err in ordering that the decree of absolute nullity of marriage be issued only after liquidation, partition and distribution of the parties’ properties under Article 147 of the F...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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