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Koppel V Koppel
Koppel V Koppel
Philippine Supreme Court Jurisprudence > Year 2019 > August 2019
Decisions > G.R. No. 202039 - ANGELITA SIMUNDAC-KEPPEL,
ChanRobles Professional PETITIONER, v. GEORG KEPPEL, RESPONDENT:
Review, Inc.
FIRST DIVISION
DECISION
BERSAMIN, C.J.:
This Case
By this appeal, the petitioner assails the decision promulgated on
September 26, 20111 by the Court of Appeals (CA) that reversed the
judgment rendered on June 21, 20062 by the Regional Trial Court (RTC)
in Muntinlupa City in Civil Case No. 96-048.
Antecedents
Claiming that Georg was beating her up, Angelita and her
two children left their home in March 1996. Being the
registered owner of their family home, Angelita sold the
same to her sister. Despite said sale, Georg refused to
vacate the house.
SO ORDERED.4
Decision of the CA
SO ORDERED.5
The CA observed that Angelita did not prove the allegations in her
complaint because she did not present the original of her divorce decree
from Reynaldo Macaraig, her first spouse; that she did not also prove the
German law that capacitated her to marry Georg; that in the eyes of the
court, therefore, there could be no annulment of the marriage between
Angelita and Georg to speak of because under Philippine law, Angelita
had remained married to Reynaldo; that Angelita's evidence was
insufficient to prove that either of the parties herein had been
psychologically incapacitated to comply with essential marital
obligations inasmuch as anti-social behavior did not equate to
psychological incapacity; and that the properties of the couple
exclusively belonged to Angelita because Georg could not own lands in
the Philippines.
Issues
In this appeal, Angelita posits that the CA erred in not declaring her
August-2019 Jurisprudence
marriage with Georg null and void inasmuch as Georg was suffering
from psychological incapacity that rendered him incapable to fulfill his
essential marital obligations as borne out by the medical findings; that
A.M. No. 2018-03-SC - being then a German citizen, she need not prove the dissolution of her
RE: MS. NENNETTE G. marriage with Reynaldo, or the validity of her marriage with Georg
ZALDIVAR, TRAINING because Philippine law did not apply in both instances; and that as
SPECIALIST II, PHILIPPINE alleged in her petition she had recently re-acquired her Filipino
JUDICIAL ACADEMY VS. citizenship.6
MR. ELIZALDE S.
CARMONA, JUDICIAL STAFF Georg counters that the evidence presented was not sufficient basis to
EMPLOYEE II, PHILIPPINE conclude that he was psychologically incapacitated to perform his
JUDICIAL ACADEMY. essential marital obligations; and that the prohibition against land
ownership by aliens did not apply because the bulk of the properties of
A.M. No. 19-03-16-SC - the spouses consisted of personal properties that were not covered by
RE: INVESTIGATION the Constitutional prohibition.
RELATIVE TO THE FAKE
Did the CA err in sustaining the validity of the marriage of the parties?
DECISION IN G.R. NO.
Are the lower courts correct in awarding all the properties of the
211483 (MANUEL TAMBIO
spouses in favor of Angelita?
v. ALBERTO LUMBAYAN, ET
AL.)D E C I S I O N Ruling of the Court
VALMORE VALDEZ Y
I.
MENOR, PETITIONER, v.
Under the Nationality Principle, the petitioner
PEOPLE OF THE
cannot invoke Article 36 of the Family Code
PHILIPPINES,
unless there is a German law that allows her to do so
RESPONDENT.
A fundamental and obvious defect of Angelita's petition for annulment of
G.R No. 241445 - REY marriage is that it seeks a relief improper under Philippine law in light of
BEN P. MADRIO, both Georg and Angelita being German citizens, not Filipinos, at the time
PETITIONER, v. ATLAS of the filing thereof. Based on the Nationality Principle, which is followed
FERTILIZER CORPORATION, in this jurisdiction, and pursuant to which laws relating to family rights
RESPONDENT. and duties, or to the status, condition and legal capacity of persons are
OCCIDENTAL MINDORO, provide for absolute divorce, and hence, the courts cannot
COMMISSION ON AUDIT, the requirements for pleading and proof of the relevant German law.
RESPONDENT.
And, secondly, Angelita overlooked that German and Philippine laws on
annulment of marriage might not be the same. In other words, the
G.R. Nos. 234670-71 -
remedy of annulment of the marriage due to psychological incapacity
OMAR ERASMO GONOWON
afforded by Article 36 of the Family Code might not be available for her.
AMPONGAN, PETITIONER, v.
In the absence of a showing of her right to this remedy in accordance
HON. SANDIGANBAYAN,
with German law, therefore, the petition should be dismissed.
PEOPLE OF THE
PHILIPPINES, AND II.
OMBUDSMAN SPECIAL Assuming the remedy was proper, the petitioner did not
PROSECUTOR, prove the respondent's psychological incapacity
RESPONDENTS.
Even if we were now to adhere to the concept of processual
G.R. No. 198849 - CAMP presumption,11 and assume that the German law was similar to the
JOHN HAY DEVELOPMENT Philippine law as to allow the action under Article 36 of the Family Code
CORPORATION, to be brought by one against the other party herein, we would still affirm
PETITIONER, v. CHARTER the CA's dismissal of the petition brought under Article 36 of the Family
CHEMICAL AND COATING Code.
CORPORATION, Notable from the RTC's disquisition is the fact that the psychiatrists
RESPONDENT. found that both parties had suffered from anti-social behavior that
became the basis for the trial court's conclusion that they had been both
G.R. No. 233466 - psychologically incapacitated to perform the essential martial
PEOPLE OF THE obligations. Therein lay the reason why we must affirm the CA.
PHILIPPINES, PLAINTIFF-
Jurisprudentially speaking, psychological incapacity under Article 36 of
APPELLEE, v. MARK
the Family Code contemplates an incapacity or inability to take
ANDREW PAZ Y ROCAFORD,
cognizance of and to assume basic marital obligations, and is not
ACCUSED-APPELLANT.
merely the difficulty, refusal, or neglect in the performance of marital
obligations or ill will. The disorder consists of: (a) a true inability to
G.R. No. 202897 -
commit oneself to the essentials of marriage; (b) the inability must refer
MAYNILAD WATER
to the essential obligations of marriage, that is, the conjugal act, the
SERVICES, INC.,
community of life and love, the rendering of mutual help, and the
PETITIONER, v. THE
procreation and education of offspring; and (c) the inability must be
SECRETARY OF THE
tantamount to a psychological abnormality. Proving that a spouse did
DEPARTMENT OF
not meet his or her responsibility and duty as a married person is not
ENVIRONMENT AND
enough; it is essential that he or she must be shown to be incapable of
NATURAL RESOURCES
("DENR"), THE POLLUTION doing so because of some psychological illness.12
ADJUDICATION BOARD
Psychological incapacity is unlike any other disorder that would
("PAB"), THE REGIONAL
invalidate a marriage. It should refer to a mental incapacity that causes
EXECUTIVE DIRECTOR,
a party to be incognitive of the basic marital covenants such as those
ENVIRONMENTAL
enumerated in Article 68 of the Family Code and must be characterized
MANAGEMENT BUREAU-
NATIONAL CAPITAL REGION by gravity, juridical antecedence and incurability.13
("EMB-NCR"), THE
In Republic v. Court of Appeals,14 the Court issued the following
REGIONAL DIRECTOR,
guidelines for the interpretation and application of Article 36 of the
ENVIRONMENTAL
Family Code, to wit:
MANAGEMENT BUREAU-
REGION III ("EMB-REGION (1) The burden of proof to show the nullity of the marriage
III"), THE REGIONAL belongs to the plaintiff. Any doubt should be resolved in
DIRECTOR, favor of the existence and continuation of the marriage
ENVIRONMENTAL and against its dissolution and nullity. This is rooted in the
MANAGEMENT BUREAU- fact that both our Constitution and our laws cherish the
REGION IV ("EMB-REGION validity of marriage and unity of the family. Thus, our
IV"), RESPONDENTS.[G.R. Constitution devotes an entire Article on the Family,
No. 206823] MANILA recognizing it "as the foundation of the nation." It decrees
WATER COMPANY, INC., marriage as legally "inviolable," thereby protecting it from
PETITIONER, v. THE dissolution at the whim of the parties. Both the family and
SECRETARY OF THE marriage are to be "protected" by the state.
DEPARTMENT OF
ENVIRONMENT AND The Family Code echoes this constitutional edict on
NATURAL RESOURCES marriage and the family and emphasizes their
(DENR), THE REGIONAL permanence, inviolability and solidarity.
EXECUTIVE DIRECTOR, (2) The root cause of the psychological incapacity must be
ENVIRONMENTAL (a) medically or clinically identified, (b) alleged in the
MANAGEMENT BUREAU- complaint, (c) sufficiently proven by experts and (d) clearly
NATIONAL CAPITAL REGION explained in the decision. Article 36 of the Family Code
(EMB-NCR), THE REGIONAL requires that the incapacity must be psychological — not
DIRECTOR, physical, although its manifestations and/or symptoms
ENVIRONMENTAL may be physical. The evidence must convince the court
MANAGEMENT BUREAU- that the parties, or one of them, was mentally or
REGION III (EMB-REGION III), psychically ill to such an extent that the person could not
THE REGIONAL DIRECTOR, have known the obligations he was assuming, or knowing
ENVIRONMENTAL them, could not have given valid assumption thereof.
MANAGEMENT BUREAU- Although no example of such incapacity need be given
REGION IV ("EMB-REGION here so as not to limit the application of the provision
IV-A"), AND THE POLLUTION under the principle of ejusdem generis, nevertheless such
ADJUDICATION BOARD root cause must be identified as a psychological illness
(PAB), RESPONDENTS.[G.R. and its incapacitating nature fully explained. Expert
No. 207969] evidence may be given by qualified psychiatrists and
METROPOLITAN clinical psychologists.
WATERWORKS AND
(3) The incapacity must be proven to be existing at "the
SEWERAGE SYSTEM,
time of the celebration" of the marriage. The evidence
PETITIONER, v. THE
must show that the illness was existing when the parties
POLLUTION ADJUDICATION
exchanged their "I do's." The manifestation of the illness
BOARD AND
need not be perceivable at such time, but the illness itself
ENVIRONMENTAL
must have attached at such moment, or prior thereto.
MANAGEMENT BUREAU,
RESPONDENTS. (4) Such incapacity must also be shown to be medically or
clinically permanent or incurable. Such incurability may be
G.R. No. 240922 - absolute or even relative only in regard to the other
PEOPLE OF THE spouse, not necessarily absolutely against everyone of the
PHILIPPINES, PLAINTIFF- same sex. Furthermore, such incapacity must be relevant
APPELLEE, v. PATRICIO to the assumption of marriage obligations, not necessarily
HONASAN Y GRAFIL, NOEL to those not related to marriage, like the exercise of a
CARPIO, AND BONIFACIO profession or employment in a job. Hence, a pediatrician
OSEO, ACCUSED, PATRICIO may be effective in diagnosing illnesses of children and
HONASAN Y GRAFIL, prescribing medicine to cure them but may not be
ACCUSED-APPELLANT. psychologically capacitated to procreate, bear and raise
his/her own children as an essential obligation of
A.M. No. RTJ-19-2559 marriage.
[formerly OCA IPI No. 11-
3810-RTJ] - PRESIDING (5) Such illness must be grave enough to bring about the
JUDGES TOMAS EDUARDO disability of the party to assume the essential obligations
B. MADDELA III AND of marriage. Thus, "mild characterological peculiarities,
MERINNISA O. LIGAYA, mood changes, occasional emotional outbursts" cannot
MUNICIPAL TRIAL COURT IN be accepted as root causes. The illness must be shown as
CITIES, BRANCHES 5 AND 1, downright incapacity or inability, not a refusal, neglect or
RESPECTIVELY, OLONGAPO difficulty, much less ill will. In other words, there is a natal
CITY, ZAMBALES, or supervening disabling factor in the person, an adverse
COMPLAINANTS, v. integral element in the personality structure that
PRESIDING JUDGE effectively incapacitates the person from really accepting
NORMAN V. PAMINTUAN, and thereby complying with the obligations essential to
REGIONAL TRIAL COURT, marriage.
BRANCH 73, OLONGAPO
(6) The essential marital obligations must be those
CITY, ZAMBALES,
embraced by Articles 68 up to 71 of the Family Code as
RESPONDENT.[A.M. No. RTJ-
regards the husband and wife as well as Articles 220, 221
19-2561 [formerly A.M. No.
and 225 of the same Code in regard to parents and their
15-02-49-RTC]] OFFICE OF
children. Such non-complied marital obligation(s) must
THE COURT
also be stated in the petition, proven by evidence and
ADMINISTRATOR,
included in the text of the decision.
COMPLAINANT, v.
PRESIDING JUDGE Here, however, the petitioner presented no evidence to show that the
NORMAN V. PAMINTUAN, anti-social behavior manifested by both parties had been grave, and had
REGIONAL TRIAL COURT, existed at the time of the celebration of the marriage as to render the
BRANCH 73, OLONGAPO parties incapable of performing all the essential marital obligations
CITY, ZAMBALES, provided by law. As the records bear out, the medical experts merely
RESPONDENT. concluded that the behavior was grave enough as to incapacitate the
parties from the performance of their essential marital relationship
G.R. No. 237977 - because the parties exhibited symptoms of an anti-social personality
PEOPLE OF THE disorder. Also, the incapacity was not established to have existed at the
PHILIPPINES, PLAINTIFF- time of the celebration of the marriage. In short, the conclusion about
APPELLEE, v. NOMER the parties being psychologically incapacitated was not founded on
WISCO Y FAILANO, sufficient evidence.
ACCUSED-APPELLANT.
III.
G.R. No. 225325 - Former Filipinos have the limited right to own
PEOPLE OF THE public agricultural lands in the Philippines
PHILIPPINES, PLAINTIFF-
We next deal with the ownership of lands by aliens.
APPELLEE, v. ISIDRO
RAMOS Y BONDOC, Properties accumulated by a married couple may either be real or
ACCUSED-APPELLANT. personal. While the RTC awarded herein all personal properties in favor
of Angelita pursuant to the "Matrimonial Property Agreement" executed
G.R. No. 220635 - in Germany, it ignored that such agreement was governed by the
PHILIPPINE TRANSMARINE national law of the contracting parties; and that the forms and
CARRIERS, INC., AND/OR solemnities of contracts, wills, and other public instruments should be
FURTRANS DENIZCILIK
governed by the laws of the country in which they are executed.15
TICARET VE SANAYI AS,
PETITIONERS, v. RAYMOND Angelita did not allege and prove the German law that allowed her to
F. BERNARDO, enter into and adopt the regime of complete separation of property
RESPONDENT. through the "Matrimonial Property Agreement." In the absence of such
allegation and proof, the German law was presumed to be the same as
G.R No. 238971 - that of the Philippines.
CHARBEN DUARTE Y
In this connection, we further point out Article 77 of the Family Code
OLIVEROS, PETITIONER, v.
declares that marriage settlements and any modification thereof shall be
PEOPLE OF THE
made in writing and signed by the parties prior to the celebration of the
PHILIPPINES,
marriage. Assuming that the relevant German law was similar to the
RESPONDENT.
Philippine law, the "Matrimonial Property Agreement," being entered into
by the parties in 1991, or a few years after the celebration of their
G.R. No. 229720 -
marriage on August 30, 1988, could not be enforced for being in
PEOPLE OF THE
PHILIPPINES, APPELLEE, v. contravention of a mandatory law.16
MELVIN DUNGO Y OCAMPO,
Also, with the parties being married on August 30, 1988, the provisions
APPELLANT.
of the Family Code should govern. Pursuant to Article 75 of the Family
Code, the property relations between the spouses were governed by the
G.R. No. 238613 - THE
absolute community of property. This would then entitle Georg to half of
PEOPLE OF THE
the personal properties of the community property.
PHILIPPINES, PLAINTIFF-
APPELLEE, v. JEFFREY As to the real properties of the parties, several factual considerations
VICTORIA Y TARIMAN, were apparently overlooked, or were not established.
ACCUSED -APPELLANT.
Section 7, Article XII of the 1987 Constitution states that: "Save in cases
PHILIPPINES, PLAINTIFF- acquire or hold lands of the public domain." It seems clear, however, that
APPELLEE, v. ALFREDO the lower courts were too quick to pronounce that Georg, being a
DOCTOLERO, JR., ACCUSED- German citizen, was automatically disqualified from owning lands in the
A.M. No RTJ-19-2567 take note of the fact that Angelita, in view of her having admitted that
(Formerly A.M. No. 01-12- she herself had been a German citizen, suffered the same
COURT ADMINISTRATOR, pronouncement awarding all real properties in favor of Angelita could be
AREVALO, JR. unsubstantiated, but the impact thereof would be far reaching if the
COMPLAINANTS, v. HON. statement was true, for there would then be no need to determine
ELI C. POSUGAC, PRESIDING whether or not Angelita had complied with Section 5 of R.A. No. 8179.
JUDGE, MUNICIPAL TRIAL Thus, the remand of the case will enable the parties to adduce evidence
COURT, SIRUMA, on this aspect of the case, particularly to provide factual basis to
CAMARINES SUR, determine whether or not Angelita had validly re-acquired her Filipino
RESPONDENT. citizenship; and, if she had, to ascertain what would be the extent of her
ownership of the real assets pertaining to the marriage. If the remand
should establish that she had remained a foreigner, it must next be
G.R. No. 201176 - determined whether or not she complied with the limits defined or set by
ESTRELLA ABID-BABANO, R.A. No. 8179 regarding her land ownership. The trial court shall award
PETITIONER, v. EXECUTIVE her the real property that complied with the limits of the law, and inform
SECRETARY, RESPONDENT. the Office of the Solicitor General for purposes of a proper disposition of
any excess land whose ownership violated the law.
G.R. No. 225433 - LARA'S
WHEREFORE, the Court DENIES the petition for review on certiorari;
GIFTS & DECORS, INC.,
AFFIRMS the decision promulgated on September 26, 2011 by the Court
PETITIONER, v. MIDTOWN
of Appeals in CA-G.R. CV No. 89297 subject to the MODIFICATION that
INDUSTRIAL SALES, INC.,
the personal properties of the parties are to be equally divided between
RESPONDENT.
them; and REMANDS the case to the court of origin for the
determination of the issues deriving from the petitioner's re-acquisition
G.R. No. 212143 -
of her Filipino citizenship as far as the ownership of the land pertaining
PHILIPPINE CHARITY
to the parties is concerned consistent with this decision.
SWEEPSTAKES OFFICE
(PCSO), CHAIRMAN OF THE No pronouncement on costs of suit.
BOARD MARGARITA P.
JUICO, MEMBERS OF THE SO ORDERED.
BOARD MA. ALETA L.
Perlas-Bernabe, Jardeleza, Gesmundo, and Carandang, JJ., concur.
TOLENTINO, MABEL V.
MAMBA, FRANCISCO G. Endnotes:
JOAQUIN III AND BETTY B.
NANTES, AND GENERAL
1Rollo, pp. 54-69; penned by Associate Justice Ricardo R.
MANAGER JOSE
FERDINAND M. ROJAS II, Rosario and concurred in by Associate Justice Marlene
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