CASE DIGESTS in PERSONS and FAMILY RELATIONS

NMSMI vs. DND, G.R. NO. 187587, June 5, 2013, 697 SCRA 359

Petitioner: Nagkakaisang Maralita ng Sitio Masigasig, Inc.

Respondents: Department of National Defense (DND)
Military Shrine Services - Philippine Veterans Affairs Office,

Facts:

Former President Marcos issued a proclamation which excludes a certain area

in a parcel of land previously reserved for military purposes and declared it open for
disposition. The proclamation includes three barangays (Lower Bicutan, Upper
Bicutan and Signal Village) in its body and another barangay (Western Bicutan)
contained at the bottom through a handwritten addendum by the President. Said
proclamation was published in the Official Gazette without the hand written
addendum.

Issue:

Whether or not the handwritten addendum is an integral part of the

proclamation.

Held:

No, the handwritten addendum has no legal force and effect due to lack of the
required publication in the Official Gazette. Publication must be in full or it is no
publication at all for the purpose that it should inform the public of the contents of
the law. Pursuant to Article 2 of the Civil Code, the requirement of publication is
indispensable in the effectivity of a law unless otherwise provided by the law itself.

Page 1 of 5
Ting vs. Velez-Ting, G.R. NO. 166562, Mar. 31, 2009, 582 SCRA 694

Petitioner: Benjamin G. Ting

Respondent: Carmen M. Velez-Ting

Facts:

Benjamin Ting and Carmen Velez-Ting were married for 18 years blessed
with 6 children when Carmen filed a verified petition for the declaration of nullity of
their marriage on the ground that Benjamin, even before their marriage, suffered
from psychological incapacity but such was manifested only after their
solemnization through his alcoholism, violence, compulsive gambling and failure or
refusal to give financial support, among others. Each of the parties presented their
expert witnesses which support their respective allegations but since Benjamin was
in South Africa, both experts were not able to personally examine him but Dr. Obra,
expert witness of Benjamin, was able to evaluate the evaluation of a South African
doctor. The RTC and CA ruled that the marriage is void ab initio.

Issue:

Whether or not Benjamin Ting’s psychological incapacity was proven so as to

declare the nullity of their marriage.

Held:

No, it was held that the evidence presented was found insufficient to support
a finding of psychological incapacity of Benjamin. Expert opinions are not
indispensable requirements for nullity of marriage although they are highly
advisable and decisive, hence it cannot be solely relied upon but the totality of
evidence adduced in the course proceeding should be considered as well.
Unfortunately, it was found that the opinion and the evidence presented by Carmen
were too inadequate to declare Benjamin’s personality disorder. Thus, the
presumption of validity of marriage has not been amply rebutted. The decisions of
the RTC and CA were reversed.

Page 2 of 5
Gashme Shookat Baksh vs CA, 219 SCRA 115 (1993)

Page 3 of 5
Villanueva vs. CA, 198 SCRA 472 (1991)

Page 4 of 5
People v. Dumpo, 62 Phil. 246

Page 5 of 5