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PETITION
4. The two decided to get married on August 15, 2011 at Salugan Currimao,
Ilocos Norte;
In witness whereof, I have hereunto signed this Verification this 30th day of May
2018, in Quezon City, Philippines.
Doc. No. 30
Page No. 5
Book No. 1
Series of 2018
EXPLANATION FOR SERVICE BY REGISTERED MAIL
[Pursuant to Section 11, Rule 13 of the 1997 Revised Rules of Court]
Copy Furnished:
DECISION
Respondent was served with summons but despite the lapse of time
within which to file his answer, he failed to do so, upon motion, the Court
ordered the Office of the City Prosecutor to conduct an investigation in this
case to determine the presence of collusion between the parties in the filing on
this case. Prosecutor Oliver S. Garcia filed a report dated October 09, 2019
finding no collusion existing between the parties in the filing of this case.
Article 68 of the Family Code also provides the essential obligations and
responsibilities of a Spouse, thus:
The husband and wife are obliged to live together and to observe
mutual love, respect and fidelity and render mutual help and support.
“Ms. Lagazo’s personality profile and marital history does not manifest
any signs of psychological abnormality, she has the capacity to face realities of
life and deal with difficulties coordinately and constructively. She is bound to
be free of tension and anxieties that could happen to be decision making
ability to be productive. She has the capacity to take on her responsibilities as
a married woman.
Respondent was given a chance to present his case but despite the
notices sent to him he failed to appear in Court. He also did not file any
answer. Upon motion, respondent was deemed to have waived the
presentation of his evidence. City pros. Oliver Garcia manifested that the
State has no controvert evidence to present. Upon motion, the case was
deemed submitted for decision Copy of the Order was furnished the Office of
the Solicitor General which has not filed any Certification as to its stand in
this case in view of Resolution No. A.M. 02-11-11-SC issued by the Supreme
Court.
The Family Code did not enumerate specific cases of the psychological
incapacity as it might limit the application of this provision. Hence, it left to
the Court trying the case to determine the same on a case to case basis.
However, in the case of R.P. vs. C.A. et.al, 268 SCRA 198, the Supreme Court
laid down the guidelines for the interpretation and application of Art.36 of the
Family Code and these are.
4. Such illness must be grave enough to bring about the disability of the
party to assume the essential obligations of marriage;
6 The Trial Court must order the Prosecuting Attorney or Fiscal and
the Solicitor General to appear as them for the state.
In view thereof, the undersigned believes that the continuance of the
marital relationship is impossible due to Mr. Manuel’s psychological problem
to perform his marital obligations. It is therefore recommended end that the
petition for annulment of marriage be given, favorable consideration by
Honorable n Court” (par.IV Exh.1-6)
The court agrees with the findings that the respondent is suffering from
a Narcissistic Personality Disorder which duly incapacitated him to discharge
his marital role. Respondent’s personality affliction has traces in his early
childhood. Consider what he went through in his growing up years. Also
found that respondent’s personality aberration is already innate in his person
hence, already considered as permanent. It is likewise severe as it caused
chaos and distress in the marriage which led to their separation.
Petitioner’s evidence further discloses that the parties did not acquire
any substantial conjugal properties.
_______CELESTINA ROTA______
Clerk II
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
SECOND JUDICIAL REGION
BRANCH 13
FAMILY COURT
QUEZON CITY, METRO MANILA
This is to certify that on September 16, 2021, a decision was rendered by this
Honorable Court in the above-entitled case, this dispositive part of which read
as follows:
2. Ordering the Salugan Currimao Ilocos Norte Civil Registry and the
Philippine Statistics Authority to CANCEL marriage contracted by
the parties from the books of marriage and to instead record this
decision therein in accordance with law
SO ORDERED:
_______CELESTINA ROTA______
Clerk II
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
SECOND JUDICIAL REGION
BRANCH 13
FAMILY COURT
QUEZON CITY, METRO MANILA
DECREE OF ANNULMENT
This cause, which has been regularly docketed, matured and set for
hearing as to the Petitioner, came on this day upon proof of proper and legal
service of process upon the Respondent, upon the one tonus testimony of
witness on behalf of the Petitioner, regularly taken after proper and legal
notice and filed in accordance with law.
_______CELESTINA ROTA______
Clerk II