G.R. No.
132955 October 27, 2006 private respondent visited him personally; and
ORLANDO VILLANUEVA, petitioner,
vs.
HON. COURT OF APPEALS and LILIA
CANALITA-VILLANUEVA, respondents.
DECISION
YNARES-SANTIAGO, J.:
This petition for review under Rule 45 of the
Rules of Court assails the January 26, 1998
Decision1 of the Court of Appeals in CA-G.R.
CV No. 51832, affirming with modification the
Decision2 dated January 12, 1996 of the
Regional Trial Court of Valenzuela, Metro
Manila, Branch 172 in Civil Case No. 3997-V-
92 (a) dismissing petitioner's petition for the
annulment of his marriage to private
respondent and (b) ordering him to pay moral
and exemplary damages, attorney’s fees and
costs. Also assailed is the March 5, 1998
Resolution3 denying petitioner’s motion for
reconsideration.
The antecedent facts are as follows:
Petitioner Orlando Villanueva and private
respondent Lilia Canalita-Villanueva got
married on April 13, 1988 in Puerto Princesa,
Palawan. On November 17, 1992, Orlando filed
with the trial court a petition for annulment of his
marriage alleging that threats of violence and
duress forced him into marrying Lilia, who was
already pregnant; that he did not get her
pregnant prior to the marriage; that he never
cohabited with her after the marriage; and that
he later learned that private respondent's child
died during delivery on August 29, 1988.4
In her answer with compulsory
counterclaim,5 Lilia prayed for the dismissal of
the petition, arguing that petitioner freely and
voluntarily married her; that petitioner stayed
with her in Palawan for almost a month after
their marriage; that petitioner wrote letters to
her after he returned to Manila, during which
ground of vitiated consent; and (b) whether
that petitioner knew about the progress of her
pregnancy, which ended in their son being born
prematurely. Private respondent also prayed for
the payment of moral and exemplary damages,
attorney’s fees and costs.
On January 12, 1996, the trial court rendered
judgment the dispositive portion of which
states:
WHEREFORE, judgment is hereby rendered as
follows:
1) Dismissing the above-entitled case; and
2) Ordering the plaintiff to pay the defendant
moral damages in the amount of P100,000.00,
exemplary damages in the amount of
P50,000.00, and attorney's fees in the amount
of P20,000.00, plus the costs of suit.
SO ORDERED.6
The Court of Appeals affirmed the trial court’s
dismissal of the petition and the award of
attorney’s fees and costs, but reduced the
award of moral and exemplary damages to
P50,000.00 and P25,000.00, respectively. The
Court of Appeals denied petitioner’s motion for
reconsideration, hence, the instant petition for
review based on the following assigned errors:
I. THE RESPONDENT COURT OF APPEALS
COMMITTED A GRAVE ABUSE OF
DISCRETION IN NOT GRANTING THE
ANNULMENT OF MARRIAGE THE CONSENT
OF THE PETITIONER HAVING BEEN
OBTAINED BY FRAUD, INTIMIDATION AND
UNDUE AND IMPROPER PRESSURE AND
INFLUENCE PLUS THE FACT THAT THERE
WAS NO COHABITATION WHATSOEVER
BETWEEN PETITIONER AND PRIVATE
RESPONDENT.
II. THE RESPONDENT COURT OF APPEALS
COMMITTED GROSS ERROR IN AWARDING
MORAL AND EXEMPLARY DAMAGES AS
WELL AS ATTORNEY'S FEES, SAID
AWARDS NOT BEING THOSE ALLOWED BY
LAW.7
The issues for resolution are (a) whether the
subject marriage may be annulled on the
premises of the University of the East after his
petitioner should be liable for moral and classes thereat, and the threatening presence
exemplary damages as well as attorney’s fees of a certain Ka Celso, a supposed member of
and costs. the New People’s Army whom appellant
claimed to have been hired by appellee and
who accompanied him in going to her home
The petition is partly granted.
province of Palawan to marry her.
Factual findings of the Court of Appeals,
The Court is not convinced that appellant’s
especially if they coincide with those of the trial
apprehension of danger to his person is so
court, as in the instant case, are generally
overwhelming as to deprive him of the will to
binding on this Court.8 We affirm the findings of
enter voluntarily to a contract of marriage. It is
the Court of Appeals that petitioner freely and
not disputed that at the time he was allegedly
voluntarily married private respondent and that
being harassed, appellant worked as a security
no threats or intimidation, duress or violence
guard in a bank. Given his employment at that
compelled him to do so, thus –
time, it is reasonable to assume that appellant
knew the rudiments of self-defense, or, at the
To begin with, We are at once disturbed by the very least, the proper way to keep himself out
of harm’s way. For sure, it is even doubtful if
circumstance that despite the alleged coerced
consent which supposedly characterized his threats were indeed made to bear upon
appellant, what with the fact that he never
marriage with Lilia on April 13, 1988, it was only
sought the assistance of the security personnel
on November 17, 1992 or after a span of not
less than four (4) years and eight (8) months of his school nor the police regarding the
activities of those who were threatening him.
when Orlando took serious step to have the
same marriage annulled. Unexplained, the And neither did he inform the judge about his
prolonged inaction evidently finds basis in predicament prior to solemnizing their
Lilia’s allegation that this annulment suit was marriage.
filed by Orlando solely in the hope that a
favorable judgment thereon would bolster his
Appellant also invoked fraud to annul his
defense, if not altogether bring about his
acquittal in the criminal case for bigamy which
marriage, as he was made to believe by
appellee that the latter was pregnant with his
was then already pending against him.
child when they were married. Appellant’s
Unfortunately, however, let alone the fact that
excuse that he could not have impregnated the
the criminal case was admittedly decided
appellee because he did not have an erection
ahead with a judgment of conviction against
during their tryst is flimsy at best, and an
Orlando x x x even the very outcome of the
outright lie at worst. The complaint is bereft of
present case disappointed his expectation. At
any reference to his inability to copulate with the
this late, with his appeal in the bigamy case still
appellee. His counsel also conceded before the
pending with this Court x x x Orlando must be
lower court that his client had a sexual
hoping against hope that with a decree of
relationship with the appellee x x x. He also
annulment ensuing from this Court, he may yet
narrated x x x that sometime in January 1988,
secure an acquittal in the same bigamy charge.
he and the appellee went to a hotel where "the
Viewed in this perspective, the instant appeal
sexual act was consummated, with the
is, therefore, understandable.
defendant on top" x x x.
But even in terms of merit, the recourse must
Instead of providing proofs that he was tricked
have to fall.
into marrying his wife, appellant resorted to
undermining the credibility of the latter by citing
Appellant anchored his prayer for the her testimony that her child was born, and died,
on August 29, 1989, a year off from August 29,
annulment of his marriage on the ground that
he did not freely consent to be married to the 1988, the date of fetal death as appearing in the
registry of deaths of the Office of the Civil
appellee. He cited several incidents that
Registrar of Puerto Princesa City x x x.
created on his mind a reasonable and well-
grounded fear of an imminent and grave danger
to his life and safety, to wit: the harassing phone
To Our mind, appellant cannot make capital of
calls from the appellee and strangers as well as
the lapse because it is inconsequential, as there
the unwanted visits by three men at the
is no controversy regarding the date of death of
appellee’s fetus. Nevertheless, during the
continuation of the cross-examination of the
appellee, she declared that her child was
prematurely born on August 29, 1988, matching
the date in the certification of the Civil Registrar
x x x. The Court is not prepared to disbelieve
the appellee and throw overboard her entire
testimony simply on account of her confusion as
to the exact date of the death of the fetus,
especially when she herself had presented
documentary evidence that put August 29,
1988 as the date her fetus died.
Appellant’s propensity to rely on his perceived
weakness of the appellee’s evidence continues
in his argument that if indeed there is truth to
her claim that she was impregnated sometime
in December 1987, then she could not have a
premature delivery on August 29, 1988, as she
had testified during the trial, because the 35-
week period of pregnancy is complete by that
time. Whether the appellee’s impression that
she had delivered prematurely is correct or not
will not affect the fact that she had delivered a
fetus on August 29, 1988. In the light of
appellant’s admission that he had a sexual
intercourse with his wife in January 1988, and
his failure to attribute the latter’s pregnancy to
any other man, appellant cannot complain that
he was deceived by the appellee into marrying
her.
Appellant also puts in issue the lower court’s
appreciation of the letters allegedly written by
him to the appellee. During his cross-
examination, when confronted with thirteen (13)
letters, appellant identified the seven (7) letters
that he sent to the appellee, but denied the
remaining six (6) x x x. The letters admitted by
the appellant contained expressions of love and
concern for his wife, and hardly the rantings of
a man under duress. During the re-direct
examination, however, appellant suddenly
changed mind and denied authorship of those
seven (7) letters, claiming that he was forced to
admit them because he was threatened with
harm by the appellee. If he was laboring under
duress when he made the admission, where did
he find the temerity to deny his involvement with
the remaining six (6) letters? The recantation
can only be motivated by a hindsight realization
by the appellant of the evidentiary weight of
those letters against his case.
As to the second assignment of error, appellant
cannot claim that his marriage should be
annulled due to the absence of cohabitation
between him and his wife. Lack of cohabitation
is, per se, not a ground to annul a marriage.
Otherwise, the validity of a marriage will depend
upon the will of the spouses who can terminate
the marital union by refusing to cohabitate. The
failure to cohabit becomes relevant only if it
arises as a result of the perpetration of any of
the grounds for annulling the marriage, such as
lack of parental consent, insanity, fraud,
intimidation, or undue influence x x x. Since the
appellant failed to justify his failure to cohabit
with the appellee on any of those grounds, the
validity of his marriage must be upheld.9
We also agree that private respondent is
entitled to attorney’s fees. Article 2208 (11) of
the Civil Code provides that attorney’s may be
awarded where the court deems it just and
equitable under the circumstances, as in the
instant case.
We, however, delete the award of moral and
exemplary damages for lack of factual and legal
basis. There is nothing in the records or in the
appealed decision that would support an award
of moral damages. In justifying the award, the
Court of Appeals merely said thus:
It is not difficult to imagine the suffering of the
appellee from the baseless portrayal of her by
the appellant as the perpetrator of fraudulent case liquidated damages have been agreed
schemes to trap an unwilling mate. x x x10 upon, although no proof of loss is necessary in
order that such liquidated damages may be
recovered, nevertheless, before the court may
However, the aforesaid finding is only a
consider the question of granting exemplary in
supposition as it has no reference to any
addition to the liquidated damages, the plaintiff
testimony of private respondent detailing her
must show that he would be entitled to moral,
alleged physical suffering, mental anguish,
temperate or compensatory damages were it
fright, serious anxiety, besmirched reputation,
not for the stipulation for liquidated damages.
wounded feelings, moral shock, social
humiliation, and similar injury as would entitle
her to moral damages. Hence, exemplary damages is allowed only in
addition to moral damages such that no
exemplary damages can be awarded unless
In Mahinay v. Velasquez, Jr.,11 we held that:
the claimant first establishes his clear right to
moral damages.12 In the instant case, private
In order that moral damages may be awarded, respondent failed to satisfactorily establish her
there must be pleading and proof of moral claim for moral damages, thus she is not
suffering, mental anguish, fright and the like. likewise entitled to exemplary damages.
While respondent alleged in his complaint that
he suffered mental anguish, serious anxiety,
WHEREFORE, the petition is PARTLY
wounded feelings and moral shock, he failed to
GRANTED. The January 26, 1998 Decision of
prove them during the trial. Indeed, respondent
the Court of Appeals in CA-G.R. CV No. 51832
should have taken the witness stand and should
affirming with modification the January 12, 1996
have testified on the mental anguish, serious
Decision of the Regional Trial Court of
anxiety, wounded feelings and other emotional
Valenzuela, Metro Manila, Branch 172 in Civil
and mental suffering he purportedly suffered to
Case No. 3997-V-92 dismissing petitioner’s
sustain his claim for moral damages. Mere
petition for the annulment of his marriage with
allegations do not suffice; they must be
private respondent, is AFFIRMED. However,
substantiated by clear and convincing proof. No
the award of moral and exemplary damages
other person could have proven such damages
is DELETED for lack of basis.
except the respondent himself as they were
extremely personal to him.
SO ORDERED.
As private respondent is not entitled to moral
damages, a fortiori, she is not entitled to Panganiban, C.J. (Chairperson), Austria-
exemplary damages. This is clear in Article Martinez, Callejo, Sr., and Chico-Nazario,
2234 of the Civil Code, which provides: JJ., concur.
ART. 2234. While the amount of the exemplary
damages need not be proved, the plaintiff must
show that he is entitled to moral, temperate or
compensatory damages before the court may
consider the question of whether or not
exemplary damages should be awarded. In
G.R. No. 179620 August 26, 2008
MANUEL G. ALMELOR, petitioner,
vs.
THE HON. REGIONAL TRIAL COURT OF LAS
PIÑAS CITY, BRANCH 254, and LEONIDA T.
ALMELOR, respondents.
DECISION
REYES, R.T., J.:
MARRIAGE, in its totality, involves the spouses'
right to the community of their whole lives. It
likewise involves a true intertwining of
personalities.1
This is a petition for review on certiorari of the
Decision2 of the Court of Appeals (CA) denying
the petition for annulment of judgment and
affirming in toto the decision of the Regional Trial
Court (RTC), Las Piñas, Branch 254. The CA
dismissed outright the Rule 47 petition for being
the wrong remedy.
The Facts
Petitioner Manuel G. Almelor (Manuel) and
respondent Leonida Trinidad (Leonida) were
married on January 29, 1989 at the Manila
Cathedral.3 Their union bore three children: (1)
Maria Paulina Corinne, born on October 20, 1989;
(2) Napoleon Manuel, born on August 9, 1991;
and (3) Manuel Homer, born on July 4,
1994.4 Manuel and Leonida are both medical
practitioners, an anesthesiologist and a
pediatrician, respectively.5
After eleven (11) years of marriage, Leonida filed
a petition with the RTC in Las Piñas City to annul
their marriage on the ground that Manuel was
psychologically incapacitated to perform his
marital obligations. The case, docketed as LP-00-
0132 was raffled off to Branch 254.
During the trial, Leonida testified that she first met
Manuel in 1981 at the San Lazaro Hospital where
they worked as medical student clerks. At that
time, she regarded Manuel as a very thoughtful
person who got along well with other people. They
soon became sweethearts. Three years after, they
got married.6
Leonida averred that Manuel's kind and gentle
demeanor did not last long. In the public eye,
Manuel was the picture of a perfect husband and
father. This was not the case in his private life. At
home, Leonida described Manuel as a harsh
disciplinarian, unreasonably meticulous, easily
angered. Manuel's unreasonable way of imposing
discipline on their children was the cause of their
frequent fights as a couple.7 Leonida complained
that this was in stark contrast to the alleged lavish
affection Manuel has for his mother. Manuel's
deep attachment to his mother and his
dependence on her decision-making were
incomprehensible to Leonida.8
Further adding to her woes was his concealment
to her of his homosexuality. Her suspicions were
first aroused when she noticed Manuel's peculiar
closeness to his male companions. For instance,
she caught him in an indiscreet telephone
conversation manifesting his affection for a male
caller.9 She also found several pornographic
homosexual materials in his possession.10 Her
worse fears were confirmed when she saw
Manuel kissed another man on the lips. The man
was a certain Dr. Nogales.11 When she confronted
Manuel, he denied everything. At this point,
Leonida took her children and left their conjugal
abode. Since then, Manuel stopped giving support
to their children.12
Dr. Valentina del Fonso Garcia, a clinical
psychologist, was presented to prove Leonida's
claim. Dr. del Fonso Garcia testified that she
conducted evaluative interviews and a battery of
psychiatric tests on Leonida. She also had a one-
time interview with Manuel and face-to-face
interviews with Ma. Paulina Corrinne (the eldest
child).13 She concluded that Manuel is
psychologically incapacitated.14 Such incapacity
is marked by antecedence; it existed even before
the marriage and appeared to be incurable.
Manuel, for his part, admitted that he and Leonida
had some petty arguments here and there. He,
however, maintained that their marital relationship
was generally harmonious. The petition for
annulment filed by Leonida came as a surprise to
him.
Manuel countered that the true cause of Leonida's
hostility against him was their professional rivalry.
It began when he refused to heed the
memorandum15 released by Christ the King
Hospital. The memorandum ordered him to desist
from converting his own lying-in clinic to a primary
or secondary hospital.16 Leonida's family owns
Christ the King Hospital which is situated in the
same subdivision as Manuel's clinic and
residence.17 In other words, he and her family
have competing or rival hospitals in the same
vicinity.
Manuel belied her allegation that he was a cruel
father to their children. He denied maltreating
them. At most, he only imposed the necessary
discipline on the children.
He also defended his show of affection for his
mother. He said there was nothing wrong for him
to return the love and affection of the person who
reared and looked after him and his siblings. This
is especially apt now that his mother is in her
twilight years.18 Manuel pointed out that Leonida
found fault in this otherwise healthy relationship
because of her very jealous and possessive
nature.19
This same overly jealous behavior of Leonida
drove Manuel to avoid the company of female
friends. He wanted to avoid any further
misunderstanding with his wife. But, Leonida
instead conjured up stories about his sexual
preference. She also fabricated tales about
pornographic materials found in his possession to
cast doubt on his masculinity.20
To corroborate his version, he presented his
brother, Jesus G. Almelor. Jesus narrated that he
usually stayed at Manuel's house during his
weekly trips to Manila from Iriga City. He was a
witness to the generally harmonious relationship
between his brother Manuel and sister-in-law,
Leonida. True, they had some quarrels typical of a
husband and wife relationship. But there was
nothing similar to what Leonida described in her
testimony.21
Jesus further testified that he was with his brother
on the day Leonida allegedly saw Manuel kissed
another man. He denied that such an incident
occurred. On that particular date,22 he and Manuel
went straight home from a trip to Bicol. There was
no other person with them at that time, except their
driver.23
Manuel expressed his intention to refute Dr. del
Fonso Garcia's findings by presenting his own
expert witness. However, no psychiatrist was
presented.
RTC Disposition
By decision dated November 25, 2005, the RTC
granted the petition for annulment, with the
following disposition:
WHEREFORE, premised on the foregoing,
judgment is hereby rendered:
1. Declaring the marriage contracted by herein
parties on 29 January 1989 and all its effects
under the law null and void from the beginning;
2. Dissolving the regime of community property
between the same parties with forfeiture of
defendant's share thereon in favor of the same
parties' children whose legal custody is awarded
to plaintiff with visitorial right afforded to
defendant;
3. Ordering the defendant to give monthly financial
support to all the children; and
4. Pursuant to the provisions of A.M. No. 02-11-
10-SC:
a. Directing the Branch Clerk of this Court to enter
this Judgment upon its finality in the Book of Entry
of Judgment and to issue an Entry of Judgment in
accordance thereto; and
b. Directing the Local Civil Registrars of Las Piñas
City and Manila City to cause the registration of
the said Entry of Judgment in their respective
Books of Marriages.
Upon compliance, a decree of nullity of marriage
shall be issued.
SO ORDERED.24 (Emphasis supplied)
The trial court nullified the marriage, not on the
ground of Article 36, but Article 45 of the Family
Code. It ratiocinated:
x x x a careful evaluation and in-depth analysis of
the surrounding circumstances of the allegations
in the complaint and of the evidence presented in
support thereof (sic) reveals that in this case (sic)
there is more than meets the eyes (sic).
Both legally and biologically, homosexuality x x x
is, indeed, generally incompatible with hetero
sexual marriage. This is reason enough that in this
jurisdiction (sic) the law recognizes marriage as a
special contract exclusively only between a man
and a woman x x x and thus when homosexuality
has trespassed into marriage, the same law
provides ample remedies to correct the situation
[Article 45(3) in relation to Article 46(4) or Article
55, par. 6, Family Code]. This is of course in
recognition of the biological fact that no matter
how a man cheats himself that he is not a
homosexual and forces himself to live a normal
heterosexual life, there will surely come a time
when his true sexual preference as a homosexual
shall prevail in haunting him and thus jeopardizing
the solidity, honor, and welfare of his own family.25
Manuel filed a notice of appeal which was,
however, denied due course. Undaunted, he filed
a petition for annulment of judgment with the CA.26
Manuel contended that the assailed decision was
issued in excess of the lower court's jurisdiction;
that it had no jurisdiction to dissolve the absolute
community of property and forfeit his conjugal
share in favor of his children.
CA Disposition
On July 31, 2007, the CA denied the petition,
disposing as follows:
WHEREFORE, the present Petition for Annulment
of Judgment is hereby DENIED. The Court
AFFIRMS in toto the Decision (dated November
25, 2005) of the Regional Trial Court (Branch
254), in Las Piñas City, in Civil Case No. LP-00-
0132. No costs.27
The CA stated that petitioner pursued the wrong
remedy by filing the extraordinary remedy of
petition for annulment of judgment. Said the
appellate court:
It is obvious that the petitioner is questioning the
propriety of the decision rendered by the lower
Court. But the remedy assuming there was a
mistake is not a Petition for Annulment of
Judgment but an ordinary appeal. An error of
judgment may be reversed or corrected only by
appeal.
What petitioner is ascribing is an error of
judgment, not of jurisdiction, which is properly the
subject of an ordinary appeal.
In short, petitioner admits the jurisdiction of the
lower court but he claims excess in the exercise
thereof. "Excess" assuming there was is not
covered by Rule 47 of the 1997 Rules of Civil
Procedure. The Rule refers the lack of jurisdiction
and not the exercise thereof.28
Issues
Petitioner Manuel takes the present recourse via
Rule 45, assigning to the CA the following errors:
I rigid and technical sense. The exception is
THE HONORABLE COURT OF APPEALS
ERRED IN NOT TREATING THE PETITION FOR
ANNULMENT OF JUDGMENT AS A PETITION
FOR REVIEW IN VIEW OF THE IMPORTANCE
OF THE ISSUES INVOLVED AND IN THE
INTEREST OF JUSTICE;
II
THE HONORABLE COURT OF APPEALS
ERRED IN UPHOLDING THE DECISION OF THE
TRIAL COURT AS REGARDS THE ORDER
DECLARING THE MARRIAGE AS NULL AND
VOID ON THE GROUND OF PETITIONER'S
PSYCHOLOGICAL INCAPACITY;
III
THE HONORABLE COURT OF APPEALS
ERRED IN UPHOLDING THE DECISION OF THE
TRIAL COURT AS REGARDS THE ORDER TO
FORFEIT THE SHARE OF PETITIONER IN HIS
SHARE OF THE CONJUGAL ASSETS.29
Our Ruling
I. The stringent rules of procedures may be
relaxed to serve the demands of substantial
justice and in the Court's exercise of equity
jurisdiction.
Generally, an appeal taken either to the Supreme
Court or the CA by the wrong or inappropriate
mode shall be dismissed.30This is to prevent the
party from benefiting from one's neglect and
mistakes. However, like most rules, it carries
certain exceptions. After all, the ultimate purpose
of all rules of procedures is to achieve substantial
justice as expeditiously as possible.31
Annulment of judgment under Rule 47 is a last
remedy. It can not be resorted to if the ordinary
remedies are available or no longer available
through no fault of petitioner.32 However,
in Buenaflor v. Court of Appeals,33 this Court
clarified the proper appreciation for technical rules
of procedure, in this wise:
Rules of procedures are intended to promote,
not to defeat, substantial justice and,
therefore, they should not be applied in a very
that while the Rules are liberally construed, the
provisions with respect to the rules on the
manner and periods for perfecting appeals are
strictly applied. As an exception to the
exception, these rules have sometimes been
relaxed on equitable considerations. Also, in
some cases the Supreme Court has given due
course to an appeal perfected out of time where a
stringent application of the rules would have
denied it, but only when to do so would serve the
demands of substantial justice and in the exercise
of equity jurisdiction of the Supreme
Court.34 (Emphasis and underscoring supplied)
For reasons of justice and equity, this Court has
allowed exceptions to the stringent rules
governing appeals.35 It has, in the past, refused to
sacrifice justice for technicality.36
After discovering the palpable error of his petition,
Manuel seeks the indulgence of this Court to
consider his petition before the CA instead as a
petition for certiorari under Rule 65.
A perusal of the said petition reveals that Manuel
imputed grave abuse of discretion to the lower
court for annulling his marriage on account of his
alleged homosexuality. This is not the first time
that this Court is faced with a similar situation.
In Nerves v. Civil Service
Commission,37 petitioner Delia R. Nerves elevated
to the CA a Civil Service Commission (CSC)
decision suspending her for six (6) months. The
CSC ruled Nerves, a public school teacher, is
deemed to have already served her six-month
suspension during the pendency of the case.
Nevertheless, she is ordered reinstated without
back wages. On appeal, Nerves stated in her
petition, inter alia:
1. This is a petition for certiorari filed pursuant to
Article IX-A, Section 7 of the Constitution of the
Philippines and under Rule 65 of the Rules of
Court.
2. But per Supreme Court Revised Administrative
Circular No. 1-95 (Revised Circular No. 1-91)
petitioner is filing the instant petition with this
Honorable Court instead of the Supreme
Court.38 (Underscoring supplied)
The CA dismissed Nerves' petition
for certiorari for being the wrong remedy or the
inappropriate mode of appeal.39 The CA opined
that "under the Supreme Court Revised
Administrative Circular No. 1-95 x x x appeals
from judgments or final orders or resolutions of
CSC is by a petition for review."40
This Court granted Nerves petition and held that
she had substantially complied with the
Administrative Circular. The Court stated:
That it was erroneously labeled as a petition
for certiorari under Rule 65 of the Rules of Court
is only a minor procedural lapse, not fatal to the
appeal. x x x
More importantly, the appeal on its face appears
to be impressed with merit. Hence, the Court of
Appeals should have overlooked the insubstantial
defects of the petition x x x in order to do justice to
the parties concerned. There is, indeed, nothing
sacrosanct about procedural rules, which should
be liberally construed in order to promote their
object and assist the parties in obtaining just,
speedy, and inexpensive determination of every
action or proceeding. As it has been said, where
the rigid application of the rules would frustrate
substantial justice, or bar the vindication of a
legitimate grievance, the courts are justified in
exempting a particular case from the operation of
the rules.41(Underscoring supplied)
Similarly, in the more recent case of Tan v.
Dumarpa,42 petitioner Joy G. Tan availed of a
wrong remedy by filing a petition for review
on certiorari instead of a motion for new trial or an
ordinary appeal. In the interest of justice, this
Court considered the petition, pro hac vice, as a
petition for certiorari under Rule 65.
This Court found that based on Tan's allegations,
the trial court prima facie committed grave abuse
of discretion in rendering a judgment by default. If
uncorrected, it will cause petitioner great injustice.
The Court elucidated in this wise:
Indeed, where as here, there is a strong showing
that grave miscarriage of justice would result from
the strict application of the Rules, we will not
hesitate to relax the same in the interest of
substantial justice.43 (Underscoring supplied)
Measured by the foregoing yardstick, justice will
be better served by giving due course to the
present petition and treating petitioner's CA
petition as one for certiorari under Rule 65,
considering that what is at stake is the validity or
non-validity of a marriage.
In Salazar v. Court of Appeals,44 citing Labad v.
University of Southeastern Philippines, this Court
reiterated:
x x x The dismissal of appeals on purely technical
grounds is frowned upon. While the right to appeal
is a statutory, not a natural right, nonetheless it is
an essential part of our judicial system and courts
should proceed with caution so as not to deprive a
party of the right to appeal, but rather, ensure that
every party-litigant has the amplest opportunity for
the proper and just disposition of his cause, free
from the constraints of technicalities.45
Indeed, it is far better and more prudent for a court
to excuse a technical lapse and afford the parties
a review of the case on the merits to attain the
ends of justice.46
Furthermore, it was the negligence and
incompetence of Manuel's counsel that prejudiced
his right to appeal. His counsel, Atty. Christine
Dugenio, repeatedly availed of inappropriate
remedies. After the denial of her notice of appeal,
she failed to move for reconsideration or new trial
at the first instance. She also erroneously filed a
petition for annulment of judgment rather than
pursue an ordinary appeal.
These manifest errors were clearly indicative of
counsel's incompetence. These gravely worked to
the detriment of Manuel's appeal. True it is that the
negligence of counsel binds the client. Still, this
Court has recognized certain exceptions: (1)
where reckless or gross negligence of counsel
deprives the client of due process of law; (2) when
its application will result in outright deprivation of
the client's liberty and property; or (3) where the
interest of justice so require.47
The negligence of Manuel's counsel falls under
the exceptions. Ultimately, the reckless or gross
negligence of petitioner's former counsel led to the
loss of his right to appeal. He should not be made
to suffer for his counsel's grave mistakes. Higher
interests of justice and equity demand that he be
allowed to ventilate his case in a higher court.
In Apex Mining, Inc. v. Court of Appeals,48 this
Court explained thus:
It is settled that the negligence of counsel binds
the client. This is based on the rule that any act
performed by a counsel within the scope of his
general or implied authority is regarded as an act
of his client. However, where counsel is guilty of
gross ignorance, negligence and dereliction of
duty, which resulted in the client's being held liable
for damages in a damage suit, the client is
deprived of his day in court and the judgment may
be set aside on such ground. In the instant case,
higher interests of justice and equity demand that
petitioners be allowed to present evidence on their
defense. Petitioners may not be made to suffer for
the lawyer's mistakes. This Court will always be
disposed to grant relief to parties aggrieved by
perfidy, fraud, reckless inattention and
downright incompetence of lawyers, which
has the consequence of depriving their clients,
of their day in court.49(Emphasis supplied)
Clearly, this Court has the power to except a
particular case from the operation of the rule
whenever the demands of justice require it. With
more conviction should it wield such power in a
case involving the sacrosanct institution of
marriage. This Court is guided with the thrust of
giving a party the fullest opportunity to establish
the merits of one's action.50
The client was likewise spared from counsel's
negligence in Government Service Insurance
System v. Bengson Commercial Buildings,
Inc.51 and Ancheta v. Guersey-Dalaygon.52 Said
the Court in Bengson:
But if under the circumstances of the case, the rule
deserts its proper office as an aid to justice and
becomes a great hindrance and chief enemy, its
rigors must be relaxed to admit exceptions thereto
and to prevent a miscarriage of justice. In other
words, the court has the power to except a
particular case from the operation of the rule
whenever the purposes of justice require it.53
II. Concealment of homosexuality is the proper
ground to annul a marriage, not homosexuality
per se.
Manuel is a desperate man determined to salvage
what remains of his marriage. Persistent in his
quest, he fought back all the heavy accusations of
incapacity, cruelty, and doubted masculinity
thrown at him.
The trial court declared that Leonida's petition for
nullity had "no basis at all because the supporting
grounds relied upon can not legally make a case
under Article 36 of the Family Code." It went
further by citing Republic v. Molina:54
Indeed, mere allegations of conflicting
personalities, irreconcilable differences, incessant
quarrels and/or beatings, unpredictable mood
swings, infidelities, vices, abandonment, and
difficulty, neglect, or failure in the performance of
some marital obligations do not suffice to establish
psychological incapacity.55
If so, the lower court should have dismissed
outright the petition for not meeting the guidelines
set in Molina. What Leonida attempted to
demonstrate were Manuel's homosexual
tendencies by citing overt acts generally
predominant among homosexual
individuals.56 She wanted to prove that the
perceived homosexuality rendered Manuel
incapable of fulfilling the essential marital
obligations.
But instead of dismissing the petition, the trial
court nullified the marriage between Manuel and
Leonida on the ground of vitiated consent by virtue
of fraud. In support of its conclusion, the lower
court reasoned out:
As insinuated by the State (p. 75, TSN, 15
December 2003), when there is smoke surely
there is fire. Although vehemently denied by
defendant, there is preponderant evidence
enough to establish with certainty that defendant
is really a homosexual. This is the fact that can
be deduced from the totality of the marriage life
scenario of herein parties.
Before his marriage, defendant knew very well
that people around him even including his own
close friends doubtedhis true sexual preference
(TSN, pp. 35-36, 13 December 2000; pp. 73-75,
15 December 2003). After receiving many
forewarnings, plaintiff told defendant about the
rumor she heard but defendant did not do anything
to prove to the whole world once and for all the
truth of all his denials. Defendant threatened to
sue those people but nothing happened after that.
There may have been more important matters to
attend to than to waste time and effort filing cases
against and be effected by these people and so,
putting more premiums on defendant's denials,
plaintiff just the same married him. Reasons upon
reasons may be advanced to either exculpate or
nail to the cross defendant for his act of initially
concealing his homosexuality to plaintiff, but in the
end, only one thing is certain - even during his
marriage with plaintiff, the smoke of doubt about
his real preference continued and even got
thicker, reason why obviously defendant failed to
establish a happy and solid family; and in so
failing, plaintiff and their children became his
innocent and unwilling victims.
Yes, there is nothing untoward of a man if, like
herein defendant, he is meticulous over even
small details in the house (sic) like wrongly folded
bed sheets, etc. or if a man is more authoritative
in knowing what clothes or jewelry shall fit his wife
(pp. 77-81, TSN, 15 December 2003); but these
admissions of defendant taken in the light of
evidence presented apparently showing that he
had extra fondness of his male friends (sic) to the
extent that twice on separate occasions (pp. 4-7,
TSN, 14 February 2001) he was allegedly seen by
plaintiff kissing another man lips-to-lips plus the
homosexual magazines and tapes likewise
allegedly discovered underneath his bed (Exhibits
"L" and "M"), the doubt as to his real sex identity
becomes stronger. The accusation of plaintiff
versus thereof of defendant may be the name of
the game in this case; but the simple reason of
professional rivalry advanced by the defendant is
certainly not enough to justify and obscure the
question why plaintiff should accuse him of such a
very untoward infidelity at the expense and
humiliation of their children and family as a
whole.57
Evidently, no sufficient proof was presented to
substantiate the allegations that Manuel is a
homosexual and that he concealed this to Leonida
at the time of their marriage. The lower court
considered the public perception of Manuel's
sexual preference without the corroboration of
witnesses. Also, it took cognizance of Manuel's
peculiarities and interpreted it against his
sexuality.
Even assuming, ex gratia argumenti, that Manuel
is a homosexual, the lower court cannot
appreciate it as a ground to annul his marriage
with Leonida. The law is clear - a marriage may be
annulled when the consent of either party was
obtained by fraud,58 such as concealment of
homosexuality.59 Nowhere in the said decision
was it proven by preponderance of evidence that
Manuel was a homosexual at the onset of his
marriage and that he deliberately hid such fact to
his wife.60 It is the concealment of homosexuality,
and not homosexuality per se, that vitiates the
consent of the innocent party. Such concealment
presupposes bad faith and intent to defraud the
other party in giving consent to the marriage.
Consent is an essential requisite of a valid
marriage. To be valid, it must be freely given by
both parties. An allegation of vitiated consent must
be proven by preponderance of evidence. The
Family Code has enumerated an exclusive list of
circumstances61 constituting fraud.
Homosexuality per se is not among those cited,
but its concealment.
This distinction becomes more apparent when we
go over the deliberations62 of the Committees on
the Civil Code and Family Law, to wit:
Justice Caguioa remarked that this ground should
be eliminated in the provision on the grounds for
legal separation. Dean Gupit, however, pointed
out that in Article 46, they are talking only of
"concealment," while in the article on legal
separation, there is actuality. Judge Diy added
that in legal separation, the ground existed after
the marriage, while in Article 46, the ground
existed at the time of the marriage. Justice Reyes
suggested that, for clarity, they add the phrase
"existing at the time of the marriage" at the end of
subparagraph (4). The Committee approved the
suggestion.63
To reiterate, homosexuality per se is only a
ground for legal separation. It is its concealment
that serves as a valid ground to annul a
marriage.64 Concealment in this case is not simply
a blanket denial, but one that is constitutive of
fraud. It is this fundamental element that
respondent failed to prove.
In the United States, homosexuality has been
considered as a basis for divorce. It indicates that
questions of sexual identity strike so deeply at one
of the basic elements of marriage, which is the
exclusive sexual bond between the
spouses.65 In Crutcher v. Crutcher,66 the Court
held:
Unnatural practices of the kind charged here are
an infamous indignity to the wife, and which would
make the marriage relation so revolting to her that
it would become impossible for her to discharge
the duties of a wife, and would defeat the whole
purpose of the relation. In the natural course of
things, they would cause mental suffering to the
extent of affecting her health.67
However, although there may be similar
sentiments here in the Philippines, the legal
overtones are significantly different. Divorce is not
recognized in the country. Homosexuality and its
alleged incompatibility to a healthy heterosexual
life are not sanctioned as grounds to sever the
marriage bond in our jurisdiction. At most, it is only
a ground to separate from bed and board.
What was proven in the hearings a quo was a
relatively blissful marital union for more than
eleven (11) years, which produced three (3)
children. The burden of proof to show the nullity of
the marriage rests on Leonida. Sadly, she failed to
discharge this onus.
The same failure to prove fraud which purportedly
resulted to a vitiated marital consent was found
in Villanueva v. Court of Appeals.68 In Villanueva,
instead of proving vitiation of consent, appellant
resorted to baseless portrayals of his wife as a
perpetrator of fraudulent schemes. Said the Court:
Factual findings of the Court of Appeals,
especially if they coincide with those of the trial
court, as in the instant case, are generally binding
on this Court. We affirm the findings of the Court
of Appeals that petitioner freely and voluntarily
married private respondent and that no threats or
intimidation, duress or violence compelled him to
do so, thus -
Appellant anchored his prayer for the annulment
of his marriage on the ground that he did not freely
consent to be married to the appellee. He cited
several incidents that created on his mind a
reasonable and well-grounded fear of an imminent
and grave danger to his life and safety. x x x
The Court is not convinced that appellant's
apprehension of danger to his person is so
overwhelming as to deprive him of the will to enter
voluntarily to a contract of marriage. It is not
disputed that at the time he was allegedly being
harassed, appellant worked as a security guard in
a bank. Given the rudiments of self-defense, or, at
the very least, the proper way to keep himself out
of harm's way. x x x
Appellant also invoked fraud to annul his
marriage, as he was made to believe by appellee
that the latter was pregnant with his child when
they were married. Appellant's excuse that he
could not have impregnated the appellee because
he did not have an erection during their tryst is
flimsy at best, and an outright lie at worst. The
complaint is bereft of any reference to his inability
to copulate with the appellee. x x x
xxxx
x x x The failure to cohabit becomes relevant only
if it arises as a result of the perpetration of any of
the grounds for annulling the marriage, such as
lack of parental consent, insanity, fraud,
intimidation, or undue influence x x x. Since the
appellant failed to justify his failure to cohabit with
the appellee on any of these grounds, the validity
of his marriage must be upheld.69
Verily, the lower court committed grave abuse of
discretion, not only by solely taking into account
petitioner's homosexuality per se and not its
concealment, but by declaring the marriage void
from its existence.
This Court is mindful of the constitutional policy to
protect and strengthen the family as the
basic autonomous social institution and marriage
as the foundation of the family.70 The State and
the public have vital interest in the maintenance
and preservation of these social institutions
against desecration by fabricated
evidence.71 Thus, any doubt should be resolved in
favor of the validity of marriage.
III. In a valid marriage, the husband and wife
jointly administer and enjoy their community
or conjugal property.
Article 96 of the Family Code, on regimes of
absolute community property, provides:
Art. 96. The administration and enjoyment of the
community property shall belong to both spouses
jointly. In case of disagreement, the husband's
decision shall prevail, subject to recourse to the
court by the wife for a proper remedy, which must
be availed of within five years from the date of the
contract implementing such decision.
In the event that one spouse is incapacitated or
otherwise unable to participate in the
administration of the common properties, the other
spouse may assume sole powers of
administration. These powers do not include the
powers of disposition or encumbrance without the
authority of the court or the written consent of the
other spouse. In the absence of such authority or
consent, the disposition or encumbrance shall be
void. However, the transaction shall be construed
as a continuing offer on the part of the consenting
spouse and the third person, and may be
perfected as a binding contract upon the
acceptance by the other spouse or authorization
by the court before the offer is withdrawn by either
or both offerors.
A similar provision, Article 12472 prescribes joint
administration and enjoyment in a regime of
conjugal partnership. In a valid marriage, both
spouses exercise administration and enjoyment of
the property regime, jointly.
In the case under review, the RTC decreed a
dissolution of the community property of Manuel
and Leonida. In the same breath, the trial court
forfeited Manuel's share in favor of the children.
Considering that the marriage is upheld valid and
subsisting, the dissolution and forfeiture of
Manuel's share in the property regime is
unwarranted. They remain the joint administrators
of the community property.
WHEREFORE, the petition is GRANTED. The
appealed Decision is REVERSED and SET
ASIDE and the petition in the trial court to annul
the marriage is DISMISSED.
SO ORDERED.
G.R. No. L-53880 March 17, 1994
ENRICO L. PACETE, CLARITA DE LA
CONCEPCION, EMELDA C. PACETE,
EVELINA C. PACETE and EDUARDO C.
PACETE, petitioners,
vs.
HON. GLICERIO V. CARRIAGA, JR. and
CONCEPCION (CONCHITA) ALANIS
PACETE, respondents.
Juan G. Sibug and Rodolfo B. Quiachon for
petitioners.
Julio F. Andres, Jr. for private respondent.
VITUG, J.:
The issue in this petition for certiorari is whether
or not the Court of First Instance (now Regional
Trial Court) of Cotabato, Branch I, in Cotabato
City, gravely abused its discretion
in denying petitioners' motion for extension of
time to file their answer in Civil Case No. 2518,
in declaring petitioners in default and
in rendering its decision of 17 March 1980 which,
among other things, decreed the legal separation
of petitioner Enrico L. Pacete and private
respondent Concepcion Alanis and held to be
null and void ab initio the marriage of Enrico L.
Pacete to Clarita de la Concepcion.
On 29 October 1979, Concepcion Alanis filed
with the court below a complaint for the
declaration of nullity of the marriage between her
erstwhile husband Enrico L. Pacete and one
Clarita de la Concepcion, as well as for legal
separation (between Alanis and Pacete),
accounting and separation of property. In her
complaint, she averred that she was married to
Pacete on 30 April 1938 before the Justice of the
Peace of Cotabato, Cotabato; that they had a
child named Consuelo who was born on 11
March 1943; that Pacete subsequently
contracted (in 1948) a second marriage with
Clarita de la Concepcion in Kidapawan, North
Cotabato; that she learned of such marriage only
on 01 August 1979; that during her marriage to
Pacete, the latter acquired vast property
consisting of large tracts of land, fishponds and
several motor vehicles; that he fraudulently
placed the several pieces of property either in his
name and Clarita or in the names of his children
with Clarita and other "dummies;" that Pacete
ignored overtures for an amicable settlement;
and that reconciliation between her and Pacete
was impossible since he evidently preferred to
continue living with Clarita.
The defendants were each served with summons
on 15 November 1979. They filed a motion for an
extension of twenty (20) days from 30 November
1979 within which to file an answer. The court
granted the motion. On 18 December 1979,
appearing through a new counsel, the
defendants filed a second motion for an
extension of another thirty (30) days from 20
December 1979. On 07 January 1980, the lower
court granted the motion but only for twenty (20)
days to be counted from 20 December 1979 or
until 09 January 1980. The Order of the court
was mailed to defendants' counsel on 11
January 1980. Likely still unaware of the court
order, the defendants, on 05 February 1980,
again filed another motion (dated 18 January
1980) for an extension of "fifteen (15) days
counted from the expiration of the 30-day period
previously sought" within which to file an answer.
The following day, or on 06 February 1980, the
court denied this last motion on the ground that it
was "filed after the original period given . . . as
first extension had expired."1
The plaintiff thereupon filed a motion to declare
the defendants in default, which the court
forthwith granted. The plaintiff was then directed
to present her evidence.2 The court received
plaintiff's evidence during the hearings held on
15, 20, 21 and 22 February 1980.
On 17 March 1980, the court3 promulgated the
herein questioned decision, disposing of the
case, thus —
WHEREFORE, order is hereby issued ordering:
1. The issuance of a Decree of Legal Separation
of the marriage between, the plaintiff,
Concepcion (Conchita) Alanis Pacete and the
herein defendants, Enrico L. Pacete, in
accordance with the Philippine laws and with
consequences, as provided for by our laws;
2. That the following properties are hereby
declared as the conjugal properties of the
partnership of the plaintiff, Concepcion
(Conchita) Alanis Pacete and the defendant,
Enrico L. Pacete, half and half, to wit:
1. The parcel of land covered by TCT No. V-815
which is a parcel of land situated in the barrio of
Langcong, Municipality of Matanog (previously of
Parang), province of Maguindanao (previously of
Cotabato province) with an area of 45,265
square meters registered in the name of Enrico
Pacete, Filipino, of legal age, married to Conchita
Alanis as shown in Exhibits "B" and "B-1" for the
plaintiff.
2. A parcel of land covered by Transfer
Certificate of Title No. T-20442, with an area of
538 square meters and covered by Tax
Declaration No. 2650 (74) in the name of Enrico
Pacete, situated in the Poblacion of Kidapawan,
North Cotabato, together with all its
improvements, which parcel of land, as shown by
Exhibits "K-1" was acquired by way of absolute
deed of sale executed by Amrosio Mondog on
January 14, 1965.
3. A parcel of land covered by Transfer
Certificate of Title No. T-20424 and covered by
Tax Declaration No. 803 (74), with an area of
5.1670 hectares, more or less, as shown by
Exhibit "R", the same was registered in the name
of Enrico Pacete and the same was acquired by
Enrico Pacete last February 17, 1967 from
Ambag Ampoy, as shown by Exhibit "R-1",
situated at Musan, Kidapawan, North Cotabato.
4. A parcel of land situated at Lanao, Kidapawan,
North Cotabato, with an area of 5.0567 hectares,
covered by Tax Declaration No. 4332 (74), as
shown by Exhibit "S", and registered in the name
of Enrico Pacete.
5. A parcel of land covered by Transfer
Certificate of Title No. T-9750, situated at Lika,
Mlang, North Cotabato, with an area of 4.9841
hectares and the same is covered by Tax
Declaration No. 803 (74) and registered in the
name of Enrico Pacete and which land was
acquired by Enrico Pacete from Salvador Pacete
on September 24, 1962, as shown by Exhibit "Q-
1".
6. A parcel of land covered by Transfer
Certificate of Title No. T-9944, with an area of
9.9566 and also covered by Tax Declaration No.
8608 (74) and registered in the name of the
defendant Enrico L. Pacete which Enrico L.
Pacete acquired from Sancho Balingcos last
October 22, 1962, as shown by Exhibit "L-1" and
which parcel of land is situated at (Kialab), Kiab,
Matalam, North Cotabato.
7. A parcel of land covered by Transfer
Certificate of Title No. T-9227, situated at Kiab,
Matalam, North Cotabato, with an area of
12.04339 hectares, more or less, and also
covered by Tax Declaration No. 8607 (74) both
in the name of the defendant Enrico L. Pacete
which he acquired last October 15, 1962 from
Minda Bernardino, as shown by Exhibit "M-1".
8. A parcel of land covered by Transfer
Certificate of Title No. T-9228, situated at Kiab,
Matalam, North Cotabato, with an area of
10.8908 hectares, registered in the name of
Enrico Pacete and also covered by Tax
Declaration No. 5781 (74) in the name of Enrico
Pacete and which parcel of land he acquired last
September 25, 1962 from Conchita dela Torre,
as shown by Exhibit "P-1".
9. A parcel of land covered by Transfer
Certificate of Title No. T-10301, situated at Linao,
Matalam, North Cotabato, with an area of 7.2547
hectares, registered in the name of Enrico
Pacete and also covered by Tax Declaration No.
8716 (74) also in the name of Enrico Pacete
which Enrico Pacete acquired from Agustin Bijo
last July 16, 1963, as shown by Exhibit "N-1".
10. A parcel of land covered by Transfer
Certificate of Title No. 12728 in the name of the
defendant, Enrico L. Pacete, with an area of
10.9006 hectares, situated at Linao, Matalam,
North Cotabato and is also covered by Tax
Declaration No. 5745 (74) in the name of Enrico
Pacete, as shown on Exhibit "O" and which
Enrico Pacete acquired last December 31, 1963
from Eliseo Pugni, as shown on Exhibit "0-1".
3. Ordering the Cancellation of Original
Certificate of Title No. P-34243 covering Lot No.
1066, issued in the name of Evelina Pacete,
situated at Kiab, Matalam, North Cotabato, and
ordering the registration of the same in the joint
name of Concepcion (Conchita) Alanis Pacete
and Enrico L. Pacete as their conjugal property,
with address on the part of Concepcion
(Conchita) Alanis Pacete at Parang,
Maguindanao and on the part of Enrico L. Pacete
at Kidapawan, North Cotabato.
4. Ordering likewise the cancellation of Original
Certificate of Title No. V-20101, covering Lot No.
77, in the name of Eduardo C. Pacete, situated
at New Lawaan, Mlang, North Cotabato, and the
issuance of a new Transfer Certificate of Title in
the joint name of (half and half) Concepcion
(Conchita) Alanis Pacete and Enrico L. Pacete.
5. Ordering likewise the cancellation of Original
Certificate of Title No. P-29890, covering Lot
1068, situated at Kiab, Matalam, North Cotabato,
with an area of 12.1031 hectares, in the name of
Emelda C. Pacete and the issuance of a new
Transfer Certificate of Title in the joint name (half
and half) of Concepcion (Conchita) Alanis
Pacete and Enrico L. Pacete; and declaring that
the fishpond situated at Barrio Tumanan, Bislig,
Surigao Del Sur, with an area of 48 hectares and
covered by Fishpond Lease Agreement of
Emelda C. Pacete, dated July 29, 1977 be
cancelled and in lieu thereof, the joint name of
Concepcion (Conchita) Alanis Pacete and her
husband, Enrico L. Pacete, be registered as their
joint property, including the 50 hectares fishpond
situated in the same place, Barrio Timanan,
Bislig, Surigao del Sur.
6. Ordering the following motor vehicles to be the
joint properties of the conjugal partnership of
Concepcion (Conchita) Alanis Pacete and Enrico
L. Pacete, viz:
a. Motor vehicle with Plate No. T-RG-783; Make,
Dodge; Motor No. T137-20561; Chassis No.
83920393, and Type, Mcarrier;
b. Motor vehicle with Plate No. T-RG-784; Make,
Dodge; Motor No. T214-229547; Chassis No.
10D-1302-C; and Type, Mcarrier;
c. Motor vehicle with Plate No. J-PR-818; Make,
Ford; Motor No. GRW-116188; Chassis No.
HOCC-GPW-1161-88-C; Type, Jeep;
d. Motor vehicle with Plate No. TH-5J-583; Make,
Ford: Motor No. F70MU5-11111; Chassis No.
HOCC-GPW-1161188-G; Type, Stake;
e. Motor vehicle with Plate No. TH-5J-584; Make,
Hino; Motor No. ED300-45758; Chassis No.
KB222-22044; Type, Stake; and
f. Motor vehicle with Plate No. TH-5J-585; Make,
Ford: Motor No. LTC-780-Dv; Chassis No. 10F-
13582-K; Type, Stake.
7. Ordering the defendant Enrico L. Pacete to
pay the plaintiff the sum of P46,950.00 which is
the share of the plaintiff in the unaccounted
income of the ricemill and corn sheller for three
years from 1971 to 1973.
8. Ordering the defendant, Enrico L. Pacete, to
reimburse the plaintiff the monetary equipment of
30% of whether the plaintiff has recovered as
attorney's fees;
9. Declaring the subsequent marriage between
defendant Enrico L. Pacete and Clarita de la
Concepcion to be void ab initio; and
10. Ordering the defendants to pay the costs of
this suit.4
Hence, the instant special civil action
of certiorari.
Under ordinary circumstances, the petition would
have outrightly been dismissed, for, as also
pointed out by private respondents, the proper
remedy of petitioners should have instead been
either to appeal from the judgment by default or
to file a petition for relief from judgment.5 This
rule, however, is not inflexible; a petition
for certiorari is allowed when the default order
is improperly declared, or even when it
is properly declared, where grave abuse of
discretion attended such declaration.6 In these
exceptional instances, the special civil action
of certiorari to declare the nullity of a judgment by
default is available.7 In the case at bench, the
default order unquestionably is not legally
sanctioned. The Civil Code provides:
Art. 101. No decree of legal separation shall be
promulgated upon a stipulation of facts or by
confession of judgment.
In case of non-appearance of the defendant, the
court shall order the prosecuting attorney to
inquire whether or not a collusion between the
parties exists. If there is no collusion, the
prosecuting attorney shall intervene for the State
in order to take care that the evidence for the
plaintiff is not fabricated.
The provision has been taken from Article 30 of
the California Civil Code,8 and it is, in substance,
reproduced in Article 60 of the Family Code.9
Article 101 reflects the public policy on
marriages, and it should easily explain the
mandatory tenor of the law. In Brown cannot dispense, nor excuse compliance, with
v. Yambao, 10 the Court has observed: any of the statutory requirements aforequoted.
The policy of Article 101 of the new Civil Code, WHEREFORE, the petition for certiorari is
calling for the intervention of the state attorneys hereby GRANTED and the proceedings below,
in case of uncontested proceedings for legal including the Decision of 17 March 1980
separation (and of annulment of marriages, appealed from, are NULLIFIED and SET ASIDE.
under Article 88), is to emphasize that marriage No costs.
is more than a mere contract; that it is a social
institution in which the state is vitally interested,
SO ORDERED.
so that its continuation or interruption can not be
made to depend upon the parties themselves
(Civil Code, Article 52; Adong vs. Cheong Gee, Feliciano, Bidin, Romero and Melo, JJ., concur.
43 Phil. 43; Ramirez v. Gmur, 42 Phil. 855; Goitia
v. Campos, 35 Phil. 252). It is consonant with this
policy that the inquiry by the Fiscal should be
allowed to focus upon any relevant matter that
may indicate whether the proceedings for
separation or annulment are fully justified or not.
Article 103 of the Civil Code, now Article 58 of the
Family Code, further mandates that an action for
legal separation must "in no case be tried before
six months shall have elapsed since the filing of
the petition," obviously in order to provide the
parties a "cooling-off" period. In this interim, the
court should take steps toward getting the parties
to reconcile.
The significance of the above substantive
provisions of the law is further underscored by
the inclusion of the following provision in Rule 18
of the Rules of Court:
Sec. 6. No defaults in actions for annulments of
marriage or for legal separation. — If the
defendant in an action for annulment of marriage
or for legal separation fails to answer, the court
shall order the prosecuting attorney to
investigate whether or not a collusion between
the parties exists, and if there is no collusion, to
intervene for the State in order to see to it that
the evidence submitted is not fabricated.
The special prescriptions on actions that can put
the integrity of marriage to possible jeopardy are
impelled by no less than the State's interest in
the marriage relation and its avowed intention not
to leave the matter within the exclusive domain
and the vagaries of the parties to alone dictate.
It is clear that the petitioner did, in fact,
specifically pray for legal separation. 11 That
other remedies, whether principal or incidental,
have likewise been sought in the same action