G.R. No. 178044; January 19, 2011
Alain Dino and Ma. Caridad Dino were childhood friends and sweethearts who started living together in 1984, separated in 1994 and lived together again in 1996. On January 14, 1998, they were married before Mayor Vergel Aguilar of Las Pinas City. On May 30, 2001, petitioner filed for the Declaration of Nullity of Marriage on the ground of the respondent’s psychological incapacity. Petitioner alleged that respondent failed in her marital obligation to give love and support to him, abandoned her responsibility to the family and that she was unfaithful. Petitioner later learned that respondent filed a petition for divorce and was granted by the Superior Court of California and that she married a certain Manuel Alcantara. Doctor Tayag submitted a report establishing that the respondent was suffering from Narcissistic Personality Disorder.
Did the trial court err when it ordered that a decree of absolute nullity of marriage shall only be issued after liquidation, partition, and distribution of parties’ properties under Article 147 of the Family Code?
Section 19(1) of the Rule on Declaration of Absolute Nullity of Null Marriages and Annulment of Voidable Marriages does not apply to Article 147 of the Family Code. It is clear from Article 50 of the Family Code that Section 19(1) of the Rule applies only to marriages which are declared void ab initio under Articles 40 and 45 and not under Article 36 which is the ground for the nullification of the petitioner and respondent’s marriage. Thus, the decision of the trial court is affirmed but with modifications.