Case Summary (G.R. No. 140484)
Facts and Proceedings
Lamberto R. Castro filed the annulment petition against Isabelita S. Castro, citing psychological incapacity. A summons and a copy of the petition were allegedly served to Isabelita through her nephew at her residence. However, Isabelita did not file an answer to the petition. Subsequently, the RTC assigned the state prosecutor to investigate the circumstances surrounding the petition, which concluded that there was no collusion between the parties. The court scheduled a hearing for August 18, 1998. Isabelita failed to appear, leading the court to allow Lamberto to present his evidence ex parte.
Ex Parte Hearing and Trial Court's Decision
During the ex-parte hearing, Lamberto described their marriage since 1958, detailing the alleged incidents of violence, neglect, and infidelity that led to their separation. To substantiate his claims, Lamberto presented clinical psychologist Regine Marmee C. Cosico, who conducted psychological tests on both parties. The psychologist concluded that Isabelita was psychologically incapacitated and, as a result, unable to fulfill her marital responsibilities. On August 19, 1998, the RTC granted the annulment, declaring the marriage annulled.
Motion to Set Aside Judgment
On September 8, 1998, Isabelita filed a motion to set aside the trial court's decision, asserting that the RTC had not acquired proper jurisdiction due to inadequate service of summons. She claimed that the sheriff's return was invalid and that she had no such nephew living with her. Lamberto opposed her motion, defending that the summons was properly served. The trial court acknowledged Isabelita's motion and partially granted it, scheduling a hearing for her to present contrary evidence.
Subsequent Hearings and Orders
Despite the opportunity provided to Isabelita, she continued to seek postponements for subsequent hearings. On May 5, 1999, the RTC reaffirmed its prior decision, asserting that Isabelita had effectively waived her right to present evidence due to the numerous postponements filed by her counsel. After her motion for reconsideration was denied on July 1, 1999, Isabelita filed a notice of appeal against this interlocutory order. However, on September 20, 1999, the trial court maintained its prior decision and granted Lamberto's motion to dismiss the appeal.
Finality of the Judgment and Appeal
The decision became final and executory on October 11, 1999, with the entry of judgment occurring on October 29, 1999. Isabelita challenged the judgement, claiming that the trial court had no jurisdiction and that it acted with grave abuse of discretion.
Supreme Court's Findings
The Supreme Court found no merit in Isabelita's claims. It determined that she had received proper notice of the petition and had acknow
...continue readingCase Syllabus (G.R. No. 140484)
Case Overview
- This case involves a petition for certiorari filed by Isabelita Sevilla Castro (petitioner) against Leonardo-De Castro and others, including Judge Jaime F. Bautista of the RTC of Valenzuela, Metro Manila (respondents).
- The petition seeks to nullify the decision of the RTC dated August 19, 1998, and subsequent orders issued on May 5, 1999, July 1, 1999, and September 20, 1999, in Civil Case No. 180-V-98, which was initiated by Lamberto R. Castro (private respondent) seeking the annulment of his marriage to Isabelita based on psychological incapacity under Article 36 of the Family Code.
Factual Background
- A petition for annulment was filed by Lamberto R. Castro on July 1, 1998, citing psychological incapacity as the ground.
- Summons and a copy of the petition were allegedly received by the petitioner’s nephew at her residence, leading to the trial court's order for the state prosecutor to investigate.
- The state prosecutor reported no collusion between the parties, and the case was set for hearing on August 18, 1998.
- The petitioner failed to appear or file an answer, allowing the private respondent to present evidence ex parte, including testimony from a clinical psychologist who diagnosed the petitioner as psychologically incapacitated.
Trial Court's Decision
- On August 19, 1998, the trial court granted the annulment petition, declaring the marriage of Lamberto and Isabelita annulled.
- The decision was based on the evidence presented, including the psychologist's testimony about the petitioner's psychological incapacity.