1. Napoleon married Selena and went to Baguio for their honeymoon.

No sexual
intercourse took place, even months afterwards. Selena filed an action for nullity of her
marriage on the ground of psychological incapacity alleging Napoleon was impotent, a
closet homosexual, and who only married Selena to maintain his residency in the
Philippines. Napoleon admitted they have not slept together alleging his wife avoided
him, and that he’s not impotent as revealed by the medical results.

A. If you were the Judge, decide whether the marriage should be nullified based on
psychological incapacity.

Answer:

Yes. As the judge, I would nullify the marriage based on psychological

incapacity.

In the case of Tan-Andal vs. Andal, the Supreme Court (SC) En Banc
modified the interpretation of the requirements of psychological incapacity as a
ground for the declaration of nullity of marriage.

According to the SC, psychological incapacity is not a medical but a legal

concept. It is a personal condition that prevents a spouse to perform marital
obligations in relation to a specific person that may exist at the time of marriage
but may have revealed through behavior subsequent to ceremonies. It need not be
a mental or personality disorder. It need not be a permanent and incurable
condition. The testimony of a psychologist or psychiatrist is not mandatory in all
cases. The totality of evidence must show clear and convincing evidence to cause
the declaration of nullity of marriage.

In this case, the personal conditions suffered by Napoleon such as

impotency and closet homosexual prevents him from performing his marital
obligations with respect to Selena during the celebration of their marriage. Hence,
I would nullify the marriage.

B. Aside from psychological incapacity, what are the other grounds for a void marriage?

Answer:

According to the Family Code, the following marriages shall be void from
the beginning:

(1) Those contracted by any party below eighteen years of age even with the
consent of parents or guardians;

(2) Those solemnized by any person not legally authorized to perform marriages
unless such marriages were contracted with either or both parties believing in
good faith that the solemnizing officer had the legal authority to do so;

(3) Those solemnized without license;

(4) Those bigamous or polygamous marriages not failing under Article 41 or a

marriage contracted by any person during subsistence of a previous marriage;
 (5) Those contracted through mistake of one contracting party as to the identity of
the other;

(6) Failure to record in appropriate civil registry and registries of property the
judgment of annulment or of absolute nullity of the marriage, the partition and
distribution of the properties of the spouses and the delivery of the children’s
presumptive legitimes;

(7) Incestuous marriages under Article 37 of the Family Code, whether relationship
between the parties be legitimate or illegitimate:

a. Between ascendants and descendants of any degree; and

b. Between brothers and sisters, whether of the full or half blood.

(8) Void marriages under Article 38 of the Family Code, for reasons of public
policy:

a. Between collateral blood relatives whether legitimate or illegitimate, up

to the fourth civil degree;

b. Between step-parents and step-children;

c. Between parents-in-law and children-in-law;

d. Between the adopting parent and the adopted child;

e. Between the surviving spouse of the adopting parent and the adopted
child;

f. Between the surviving spouse of the adopted child and the adopter;

g. Between an adopted child and a legitimate child of the adopter;

h. Between adopted children of the same adopter; and

i. Between parties where one, with the intention to marry the other, killed
that other person’s spouse, or his or her own spouse.

C. What do you understand about the concept that void marriage can be collaterally
attacked?

Answer:

The concept that void marriage can be collaterally attacked means that the
nullity of a void ab initio marriage may be attacked indirectly in any proceeding
where the issue of its validity is essential to the resolution of the case.

An example is when the nullity of a void marriage is used as a defense in a

prosecution for a bigamy. Here, the accused may raise the nullity of his or her
 void marriage in the same criminal proceeding of the bigamy case and the
criminal court shall have jurisdiction to rule on the issue as it is determinative of
the guilt or conscience of the accused.

Unlike valid or voidable marriage, a void ab initio marriage is inexistent and

no judicial decree is necessary to establish its invalidity. Hence, the nullity of a
void ab initio marriage may be attacked directly by filing an action attacking the
validity thereof or collaterally in any proceeding where the issue of its validity is
essential to the resolution of the case.

2. Kevin Crumb appeared to be a normal person to Delia Fay when they first met. Delia fell
in love and said yes to Kevin’s marriage proposal. Unbeknownst to Delia, Kevin was
diagnosed with a dissociative identity disorder stemming from childhood abuse and
abandonment. She only learned about Kevin’s peculiarities during the first two years of
their marriage, but she nonetheless remained in the marriage.

A. Delia decided to end the marriage. What remedy can Delia avail?

Answer:

Delia can avail of the remedy of declaration of nullity of marriage on the

ground of psychological incapacity.

Under Article 45 of the Family Code, a marriage may be annulled when

either party was of unsound mind at the time of the marriage.

In this case, the mental condition suffered by Kevin may constitute

unsound mind as a ground for annulment. A dissociative identity disorder is
formerly known as multiple personality disorder and characterized by “switching”
to alternate identities. It is a mental health condition of having two or more
separate personalities which control a person’s behavior at different times. If a
party to the marriage was unable to appreciate the nature of the commitment and
obligations that accompanies marriage due to a disease or defect of the mind at
the time of marriage, then the marriage may be annulled.

Therefore, Delia can avail of the remedy of annulment of marriage on the

ground of unsound mind.

B. Who can file the action and when?

Answer:

An action for annulment on the ground of unsound mind may be filed by

the same spouse who had no knowledge of the other’s insanity, or by any relative
or guardian or person having legal charge of the insane. The action may be filed at
any time before the death of either party, or by the insane spouse during a lucid
interval or after regaining sanity as provided under Article 47 of the Family Code.

C. What are the consequences of filing Delia’s remedy?

Answer:
 The Family Code provides that, during the pendency of the action and in
the absence of adequate provisions in a written agreement between the spouses,
the Court shall provide for the support of the spouses and the custody and
support of their common children. The Court shall give paramount consideration
to the moral and material welfare of said children and their choice of the parent
with whom they wish to remain as provided to in Title IX. It shall also provide for
appropriate visitation rights of the other parent.

In addition, the final judgment shall provide for the liquidation, partition and
distribution of the properties of the spouses, the custody and support of the
common children, and the delivery of third presumptive legitimes.

Consequently, all creditors of the spouses as well as of the absolute

community or the conjugal partnership shall be notified of the proceedings for
liquidation.

In the partition, the conjugal dwelling and the lot on which it is situated,
shall be adjudicated in accordance with the provisions of Articles 102 and 129.

3. Bruno married Maria and had three children. Bruno was fired from his work and became
an alcoholic and violent man. Whether he was intoxicated or not, he would beat his wife
and children. Maria comes to you for advice to dissolve her marriage to Bruno.

A. What advice will you give Maria?

Answer:

I will advice Maria to file for a petition for legal separation in the Family
Court.

Under Article 55 of the Family Code, a petition for legal separation may be
filed on the ground of repeated physical violence or grossly abusive conduct
directed against the petitioner, a common child, or a child of the petitioner.

In this case, the facts reveal that Bruno became a violent man after being
fired from work and would beat his wife and children. Such act constitutes
repeated physical violence directed against the petitioner and their common
children.

Therefore, I will advice Maria to file for a legal separation in the Family
Court.

B. Distinguish annulment of marriage from legal separation.

As to definition, an annulment of marriage is the dissolution of a marriage

that was legally binding, while legal separation is a court-ordered arrangement
whereby a married couple lives apart but remains legally married.
 As to grounds, the annulment of marriage has six (6) grounds provided for
in Article 45 of the Family Code, while there are ten (10) grounds for legal
separation provided for in Article 55 of the Family Code.

As to effect, the marital ties between husband and wife in annulment are
severed, capacitating both to remarry another person, while in legal separation,
only separation in room and board is allowed but the marital ties between
spouses subsists.

C. What are the effects/consequences of legal separation?

Answer:

After the filing of the petition for legal separation, the Family Code provides
that spouses shall be entitled to live separately from each other.

The court, in the absence of a written agreement between the spouses,

shall designate either of them or a third person to administer the absolute
community or conjugal partnership property. The administrator appointed by the
court shall have the same powers and duties as those of a guardian under the
Rules of Court.

Upon the promulgation of the decree of legal separation, it shall have the
following effects:

(1) The spouses shall be entitled to live separately from each other, but the
marriage bonds shall not be severed;

(2) The absolute community or the conjugal partnership shall be dissolved

and liquidated but the offending spouse shall have no right to any
share of the net profits earned by the absolute community or the
conjugal partnership, which shall be forfeited in accordance with the
provisions of Article 43(2);

(3) The custody of the minor children shall be awarded to the innocent
spouse, subject to the provisions of Article 213 of this Code; and

(4) The offending spouse shall be disqualified from inheriting from the
innocent spouse by intestate succession. Moreover, provisions in favor
of the offending spouse made in the will of the innocent spouse shall
be revoked by operation of law.

After the finality of the decree of legal separation, the innocent spouse may
revoke the donations made by him or by her in favor of the offending spouse, as
well as the designation of the latter as beneficiary in any insurance policy, even if
such designation be stipulated as irrevocable.