Sin vs.

Sin
GR No. 137590, March 26, 2001

FACTS:

Florence, the petitioner, was married with Philipp, a Portuguese citizen in January 1987. Florence filed in
September 1994, a complaint for the declaration of nullity of their marriage. Trial ensued and the parties
presented their respective documentary and testimonial evidence. In June 1995, trial court dismissed
Florences petition and throughout its trial, the State did not participate in the proceedings. While Fiscal
Jabson filed with the trial court a manifestation dated November 1994 stating that he found no collusion
between the parties, he did not actively participated therein. Other than having appearance at certain
hearings, nothing more was heard of him.

ISSUE: Whether the declaration of nullity may be declared even with the absence of the participation of
the State in the proceedings.

HELD:

Article 48 of the Family Code states that in all cases of annulment or declaration of absolute nullity of
marriage, the Court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the
state to take steps to prevent collusion between the parties and to take care that evidence is not fabricated
or suppressed. The trial court should have ordered the prosecuting attorney or fiscal and the Solicitor-
General to appear as counsel for the state. No decision shall be handed down unless the Solicitor General
issues a certification briefly stating his reasons for his agreement or opposition as the case may be, to the
petition. The records are bereft of an evidence that the State participated in the prosecution of the case
thus, the case is remanded for proper trial.