the second paragraph of Article 26 of the Family Code to aliens does notnecessarily strip Gerbert of legal interest to petition the RTC for the recognitionof his foreign divorce decree. The foreign divorce decree itself, after itsauthenticity and conformity with the alien's national law have been duly provenaccording to our rules of evidence, serves as a presumptive evidence of right infavor of Gerbert, pursuant to Section 48, Rule 39 of the Rules of Court whichprovides for the effect of foreign judgments.A remand, at the same time, will allow other interested parties to opposethe foreign judgment and overcome a petitioner's presumptive evidence of aright by proving want of jurisdiction, want of notice to a party, collusion, fraud,or clear mistake of law or fact. Needless to state, every precaution must betaken to ensure conformity with our laws before a recognition is made, as theforeign judgment, once recognized, shall have the effect of
betweenthe parties, as provided in Section 48, Rule 39 of the Rules of Court.
Rosalino L. Marable
Myrna F. MarableG.R. No. 178741, 17 January 2011, THIRD DIVISION, (Villarama, Jr.,
It is indispensable that the evidence must show a link, medical or the like,between the acts that manifest psychological incapacity and the psychologicaldisorder itself.
Rosalino L. Marable and Myrna F. Marable were sweethearts since theywere still students at Arellano University. Later on in their relationship, theyeloped from their homes and married through civil rites before the mayor of Tanay, Rizal. Within the same month after the civil wedding, a church weddingwas celebrated. They had five children. However, after years of being together,they started to fight verbally and even physically more frequently. This wasaggravated when they encountered problems with their daughter who wastransferred from one school to another because of misbehavior and then lateron became pregnant untimely. Rosalino’s way of of spoiling their children alsowas a cause of quarrels between him and his spouse, Myrna. Rosalino, who isbeginning to get worn out by their unhealthy relationship, had an affair withanother woman. When Myrna discovered it, Rosalino immediately ended therelationship with his mistress. The quarrels between them unfortunatelyworsened and this led to Rosalino’s departure from their home, leaving his wifeand children. After some time, he converted to Islam after going out with manywomen.Rosalino decided to legally end his marriage with Myrna so he filed apetition for absolute nullity of marriage on the ground of his psychologicalincapacity to perform the essential obligations of marriage. He went to a clinicalpsychologist to be examined for the purpose of presenting evidence in court. Dr. Tayag, the clinical psychologist who examined him, concluded that Rosalino issuffering from “Anti-Social Personality Disorder” which manifests a pervasive