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Tolentino vs Villanueva (1974

)
Petitioner: ROMULO TOLENTINO
respondents: HELEN VILLANUEVA and HONORABLE
CORAZON JULIANO AGRAVA, Judge of the Juvenile and
Domestic Relations Court
PONENTE: Justice MAKASIAR
G.R. No. L-23264
March 15, 1974
TOPICS:
FACTS:
Tolentino filed an annulment case against his wife,
Villanueava. The judge issued subpoena in order to
determine whether there is collusion between the parties.
Tolentino refused to present his evidence as it will expose
his evidence. The judge required Tolentino to appear in
court in order to interrogate him for the same purposes;
however, Tolentino did not appear. The court dismissed
the case.
ISSUE: WON the determination whether there is collusion
is essential to the promulgation of annulment case.
RULING: Yes.
Articles 88 and 101 of the Civil Code of the Philippines
expressly prohibit the rendition of a decision in suits for

In effect. . the court shall order the prosecuting attorney to inquire whether or not collusion between the parties exists. the court has no choice but to deny the annulment case instead of rendering judgment merely on the basis of default of the other party which may be easily facilitated. and if none. Opinion: I agree with the ruling. Tolentino was given considerable opportunity to prove his claim but he refused to take this opportunity. since the government is protecting the family as the basic and primary social institution.annulment of marriage and legal separation based on a stipulation of facts or by confession of judgment and direct that in case of non-appearance of defendant. said prosecuting attorney shall intervene for the State to prevent fabrication of evidence for the plaintiff.