Di v. Di (G.R. No. 178044; January 19, 2011)
CASE DIGEST: ALAIN M DI v. MA. CARIDAD L. DI. (G.R. No. 178044; January 19, 2011).
FACTS: Alain and Caridad were childhood sweethearts. They started living together until they separated in 1994, got back together in 1996 then finally got married in 1998. 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. In such cases there is a need for liquidation, partition and distribution of properties before the decree annulment can be issued.
Under Article 496 of the Civil Code, "[p]artition may be made by agreement between the parties or by judicial proceedings.xxx."It is not necessary to liquidate the properties of the spouses in the same proceeding for declaration of nullity of marriage. GRANTED.
FACTS: Alain and Caridad were childhood sweethearts. They started living together until they separated in 1994, got back together in 1996 then finally got married in 1998. 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. In such cases there is a need for liquidation, partition and distribution of properties before the decree annulment can be issued.
Under Article 496 of the Civil Code, "[p]artition may be made by agreement between the parties or by judicial proceedings.xxx."It is not necessary to liquidate the properties of the spouses in the same proceeding for declaration of nullity of marriage. GRANTED.