Title
Tilar vs. Tilar
Case
G.R. No. 214529
Decision Date
Jul 12, 2017
A petitioner sought nullity of marriage under Article 36, citing respondent's psychological incapacity. RTC dismissed, citing lack of jurisdiction over church marriage. SC ruled RTC has jurisdiction; separation of Church and State does not bar State from adjudicating marital validity. Case remanded for resolution.

Case Summary (G.R. No. 214529)

Procedural History at the Regional Trial Court

– November 4, 2010: Petitioner filed a petition for declaration of nullity of marriage under Article 36 of the Family Code, alleging respondent’s psychological incapacity.
– Respondent failed to answer; Public Prosecutor investigated and certified absence of collusion.
– Trial ensued with petitioner and psychologist testifying.
– June 3, 2014: RTC, Branch 14, Baybay City, dismissed the petition for lack of jurisdiction, invoking separation of Church and State and classifying sacramental marriages as purely religious matters.
– August 19, 2014: Reconsideration denied, reiterating that ecclesiastical annulment falls exclusively under Canon Law.

Petition for Civil Nullity: Allegations of Psychological Incapacity

– Petitioner alleged that respondent manifested extreme jealousy, violence, financial extravagance and gambling, resulting in frequent quarrels and physical threats.
– A clinical psychologist diagnosed respondent with “aggressive personality disorder” and “histrionic personality disorder,” rendering her incapable of complying with essential marital obligations under Article 36 of the Family Code.

RTC’s Jurisdictional Ruling Based on Church–State Separation

– RTC held that a marriage solemnized as a Catholic sacrament is governed by Canon Law; civil courts lack power to annul a sacrament.
– Invoked Section 6, Article VI of the 1987 Constitution on separation of Church and State to exclude civil inquiry into the validity of a church marriage.

Denial of Reconsideration

– RTC emphasized constitutional supremacy over the Family Code.
– Reaffirmed that ceremonies and annulments under Church jurisdiction are “per se” religious and beyond civil authority.

Issue on Appeal

Whether the RTC erred in dismissing the petition for lack of jurisdiction over a marriage solemnized in the context of a religious sacrament.

Applicable Constitutional and Statutory Provisions

1987 Constitution
– Article XV, Sections 1–2: Recognizes the family as the foundation of the nation; mandates State protection for marriage as an inviolable social institution.
– Article VI, Section 6: Guarantees separation of Church and State, barring the State from establishing religion or unduly interfering in religious affairs.
Family Code (Executive Order No. 209)
– Article 1: Defines marriage as a special contract governed by law, not subject to stipulation except for property settlements.
– Articles 2–4: Enumerate essential requisites (legal capacity, free consent) and formal requisites (authority of solemnizing officer, marriage license, ceremony with witnesses).
– Articles 7–8: Provide that religious ministers duly authorized and registered may solemnize marriages; permit church solemnization.
– Article 36: Grounds for nullity of marriage on account of psychological incapacity.
Judiciary Reorganization Act (Batas Pambansa Blg. 129)
– Section 19(15): Grants Regional Trial Courts exclusive original jurisdiction over actions involving the contract of marriage and marital relations.

Supreme Court’s Jurisdictional Analysis

– Marriage, though a sacrament in ecclesiastical doctrine, has civil consequences and is regulated by


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