In such cases there is a need for liquidation,

partition and distribution of properties before the

ALAIN M DINO v. MA. CARIDAD L. DINO
decree annulment can be issued.

FACTS: Under Article 496 of the Civil Code, "[p]artition may

be made by agreement between the parties or by
Alain and Caridad were childhood sweethearts. judicial proceedings.xxx."It is not necessary to
They started living together until they separated in liquidate the properties of the spouses in the same
1994, got back together in 1996 then finally got proceeding for declaration of nullity of
married in 1998. marriage. GRANTED.
In 2001 petitioner Alain filed an action for
Declaration of Nullity of Marriage against
respondent Caridad, citing psychological
incapacity.
Extrajudicial summons was served upon Caridad,
who was already living in the United States.
Despite receipt of summons, she failed to file an
answer to the complaint within the reglementary
period.
She was diagnosed by a clinical psychologist to be
suffering from Narcissistic Personality Disorder
which had been deeply ingrained in her system
since her formative years, long-lasting by nature
and incurable.
The trial court granted the petition based on the
evidence presented.
The dispositive portion of the decision indicated
the dissolution of the absolute community of
property and that the Decree of Absolute Nullity of
Marriage will only be issued upon compliance with
Articles 50 and 51 of the Family Code.

Petitioner Alain questioned the said part of the

dispositive portion.
The trial court partially granted the motion and
modified the decision, now stating that the decree
of absolute nullity shall be issued after liquidation,
partition and distribution of the parties properties
under Article 147 of the Family Code.

ISSUE: Did the trial court err when it ordered

that a decree of absolute nullity of marriage
shall only be issued after liquidation, partition
and distribution of the parties’ properties under
Article 147 of the Family Code?
HELD:
The marriage in this case was annulled under
Article 36 (psychological incapacity) of the Family
Code wherein the marriage is governed by the
ordinary rules of co-ownership.
There is no need for liquidation, partition and
distribution of properties unlike when the marriage
is annulled under Articles 40 (bigamous marriage)
or 45 (voidable marriages) wherein the marriage is
governed by either the absolute community of
property or conjugal partnership of gains unless the
parties agree to separation of properties.