Case Summary (G.R. No. 127263)
Chronology of Events and Legal Proceedings
Following Fernando's abandonment of their conjugal dwelling in 1983, Filipina initially filed for legal separation in 1987, which was later amended to a petition for separation of property based on Fernando’s abandonment and a Memorandum of Agreement executed by the spouses. The Regional Trial Court (RTC) of San Fernando, Pampanga, dissolved their conjugal partnership and awarded custody of the children to Filipina. In 1988, Filipina filed a criminal case against Fernando for attempted parricide based on physical abuse during a visit to their son, resulting in Fernando's conviction for slight physical injuries.
Subsequently, Filipina filed a new legal separation petition on grounds of repeated physical violence, sexual infidelity, attempted parricide, and abandonment. The RTC granted this and awarded custody of their daughter to Filipina and their son to Fernando. In 1992, Filipina filed a petition to declare the marriage absolutely null due to Fernando's alleged psychological incapacity.
Issues Raised and Trial Court Findings
The RTC denied the petition for annulment, holding that the acts cited by Filipina did not establish psychological incapacity to warrant nullification. The Court of Appeals (CA) affirmed this decision, concluding that the evidence did not meet the strict standard required to nullify a marriage and found that the respondent’s psychological incapacity did not exist at the time of marriage in 1973, noting the couple’s harmonious relationship before separation in 1983.
Petitioner's New Arguments and Legal Questions on Appeal
On appeal to the Supreme Court, Filipina raised, for the first time, the issue that their marriage was void ab initio due to lack of a valid marriage license at the time of their wedding ceremony. She questioned the incongruity between the date of the marriage license issuance (September 17, 1974) and the actual marriage ceremony (November 15, 1973). Additional issues contested included the correctness of the CA’s findings on psychological incapacity, the existence of redeeming attitudes by Fernando toward his children, and the applicability of the Supreme Court ruling in Santos v. Court of Appeals.
Legal Analysis on the Absence of Marriage License
Although ordinarily issues not raised in the trial court cannot be entertained on appeal, the Supreme Court exercised its discretion to address the validity of the marriage in the interest of substantial justice. Evidence admitted during trial, including the marriage certificate, marriage license, and birth certificates of the children, undisputedly showed a discrepancy: the marriage license was issued almost a year after the wedding date. Both parties admitted these dates. The marriage license was issued in Carmona, Cavite—an unusual circumstance since neither party resided there.
Under Article 80(3) of the Civil Code, a marriage solemnized without a marriage license is void from the beginning, except in cases of exceptional character, none of which applied here
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Background and Facts of the Case
- Petitioner Filipina Y. Sy and private respondent Fernando Sy contracted marriage on November 15, 1973, at the Church of Our Lady of Lourdes in Quezon City when both were 22 years old.
- The marriage was blessed with two children, Frederick (born July 8, 1975) and Farrah Sheryll (born February 14, 1978).
- The spouses initially resided in Manila and later moved to Pampanga, operating a lumber and hardware business.
- On September 15, 1983, Fernando left the conjugal dwelling, and the couple lived separately thereafter. Custody of the children was initially with the mother, except that their son Frederick moved to live with the father in 1988.
- Filipina filed a petition for legal separation in 1987, later amended to a petition for separation of property citing abandonment, living separately for over one year, and a Memorandum of Agreement regulating their conjugal partnership.
- The trial court dissolved their conjugal partnership and approved separation of properties, awarding custody of the children to Filipina.
- In 1988, Filipina filed a criminal action against Fernando for attempted parricide, resulting in a conviction for slight physical injuries and a sentence of 20 days imprisonment.
- In a subsequent legal separation petition filed by Filipina, the court granted separation based on repeated physical violence and sexual infidelity, awarding custody of their daughter to Filipina and son to Fernando.
Petition for Declaration of Absolute Nullity of Marriage
- On August 4, 1992, Filipina filed a petition for declaration of absolute nullity of her marriage on the ground of psychological incapacity.
- She alleged various manifestations of psychological incapacity by Fernando, including habitual alcoholism, refusal to live with her without fault on her part, refusal to have sexual relations except to satisfy himself, and violent behavior.
- She claimed the psychological incapacity existed from the time of the marriage and became manifest thereafter.
Lower Courts’ Decisions
- The Regional Trial Court (RTC) of San Fernando denied the petition, ruling the cited acts did not constitute psychological incapacity warranting nullity of marriage.
- The RTC found that the spouses’ marital problems only surfaced in 1983, nearly ten years after the marriage, and prior to that, the marriage was harmonious.
- The Court of Appeals (CA) affirmed the RTC’s decision, holding that the evidence failed to meet the quantum required to declare psychological incapacity and the incapacity was not shown to have existed at the time of the marriage.
- The CA denied petitioner’