BAYOT VS CA
Case digest in Persons and Family Relations subject....
BAYOT VS. COURT OF APPEALS, G.R. No. 155635, November 7, 2008 Facts: Vicente and Rebecca were married on April 20, 1979 in Sanctuario de San Jose, Greenhills, Mandaluyong City. On November 27, 1982 in San Francisco, California, Rebecca gave birth to Marie Josephine Alexandra or Alix. From then on, Vicente and Rebecca's marital relationship seemed to have soured as the latter, sometime in 1996, initiated divorce proceedings in the Dominican Republic. Before the Court of the First Instance of the Judicial District of Santo Domingo, Rebecca personally appeared, while Vicente was duly represented by counsel. On February 22, 1996, the Dominican court issued Civil Decree No. 362/96. On March 21, 2001, Rebecca filed another petition, this time before the Muntinlupa City RTC, for declaration of absolute nullity of marriage on the ground of Vicente's alleged psychological incapacity. On June 8, 2001, Vicente filed a Motion to Dismiss. To the motion to dismiss, Rebecca interposed an opposition, insisting on her Filipino citizenship, as affirmed by the Department of Justice (DOJ), and that, therefore, there is no valid divorce to speak of. RTC ruled against Vicente. CA ruled in favor of Rebecca stating that the marriage between the spouses was already dissolved upon the grant of divorce since Rebecca was an American citizen when she applied for such decree. Issue: Whether or not the divorce decree obtained by Rebecca in Guam was sufficient to dissolve the marriage bond between them. Thus, the application for the declaration of nullity of marriage before the RTC was no longer needed.
permanent monthly support for their daughter Alix in the amount of PhP 220,000. Respondent: On June 8, 2001, Vicente filed a Motion to Dismiss on, inter alia, the grounds of lack of cause of action and that the petition is barred by the prior judgment of divorce. Supreme Court Ruling: There can be no serious dispute that Rebecca, at the time she applied for and obtained her divorce from Vicente, was an American citizen and remains to be one, absent proof of an effective repudiation of such citizenship. The following are compelling circumstances indicative of her American citizenship: (1) she was born in Agaña, Guam, USA; (2) the principle of jus soli is followed in this American territory granting American citizenship to those who are born there; and (3) she was, and may still be, a holder of an American passport. And as aptly found by the CA, Rebecca had consistently professed, asserted, and represented herself as an American citizen, particularly: (1) during her marriage as shown in the marriage certificate; (2) in the birth certificate of Alix; and (3) when she secured the divorce from the Dominican Republic. First, at the time of the divorce, as above elucidated, Rebecca was still to be recognized, assuming for argument that she was in fact later recognized, as a Filipino citizen, but represented herself in public documents as an American citizen. At the very least, she chose, before, during, and shortly after her divorce, her American citizenship to govern her marital relationship. Second, she secured personally said divorce as an American citizen, as is evident in the text of the Civil Decrees.
Third, being an American citizen, Rebecca was bound by the national laws of the United States of America, a country which allows divorce.
Petitioner: On March 21, 2001, Rebecca sought the dissolution of the conjugal partnership of gains with application for support pendente lite for her and Alix. Rebecca also prayed that Vicente be ordered to pay a
Fourth, the property relations of Vicente and Rebecca were properly adjudicated through their Agreement executed on December 14, 1996 after Civil Decree No. 362/96 was rendered on February 22, 1996, and duly
affirmed by Civil Decree No. 406/97 issued on March 4, 1997. Veritably, the foreign divorce secured by Rebecca was valid.
2. Whether or not the totality of evidence presented in this case show psychological incapacity.
It is essential that there should be an opportunity to challenge the foreign judgment, in order for the court in this jurisdiction to properly determine its efficacy. In this jurisdiction, our Rules of Court clearly provide that with respect to actions in personam, as distinguished from actions in rem, a foreign judgment merely constitutes prima facie evidence of the justness of the claim of a party and, as such, is subject to proof to the contrary.
HELD: Psychological incapacity, as a ground for declaring the nullity of a marriage, may be established by the totality of evidence presented. There is no requirement, however that the respondent should be examined by a physician or a psychologist as a condition since qua non for such declaration. Although this Court is sufficiently convinced that respondent failed to provide material support to the family and may have resorted to physical abuse and abandonment, the totality of his acts does not lead to a conclusion of psychological incapacity on his part. There is absolutely no showing that his “defects” were already present at the inception of the marriage or that they are incurable. Verily, the behavior of respondent can be attributed to the fact that he had lost his job and was not gainfully employed for a period of more than six years. It was during this period that he became intermittently drunk, failed to give material and moral support, and even left the family home. Thus, his alleged psychological illness was traced only to said period and not to the inception of the marriage. Equally important, there is no evidence showing that his condition is incurable, especially now that he is gainfully employed as a taxi driver. In sum, this Court cannot declare the dissolution of the marriage for failure of petitioner to show that the alleged psychological incapacity is characterized by gravity, juridical antecedence and incurability; and for her failure to observe the guidelines outlined in Molina.
As the records show, Rebecca, assisted by counsel, personally secured the foreign divorce while Vicente was duly represented by his counsel, a certain Dr. Alejandro Torrens, in said proceedings. As things stand, the foreign divorce decrees rendered and issued by the Dominican Republic court are valid and, consequently, bind both Rebecca and Vicente. Finally, the fact that Rebecca may have been duly recognized as a Filipino citizen by force of the June 8, 2000 affirmation by Secretary of Justice Tuquero of the October 6, 1995 Bureau Order of Recognition will not, standing alone, work to nullify or invalidate the foreign divorce secured by Rebecca as an American citizen on February 22, 1996. For as we stressed at the outset, in determining whether or not a divorce secured abroad would come within the pale of the country's policy against absolute divorce, the reckoning point is the citizenship of the parties at the time a valid divorce is obtained.
REPUBLIC vs DAYOT (10 Nov. 2010) FACTS: Brenda B. Marcos married Wilson Marcos in 1982 and they had five children. Alleging that the husband failed to provide material support to the family and have resorted to physical abuse and abandonment, Brenda filed a case for the nullity of the marriage on the ground that Wilson Marcos has psychological incapacity. The RTC declared the marriage null and void under Article 36 which was however reversed by the Court of Appeals ISSUES: 1. Whether personal medical or psychological examination of the respondent by a physician is a requirement for a declaration of psychological incapacity.
Article 39, Family Code, Prescription Jose was introduced to Felisa in 1986. He later came to live as a boarder in Felisa’s house, the latter being his landlady. Later, Felisa requested him to accompany her to the Pasay City Hall, so she could claim a package sent to her by her brother from Saudi. At the PCH, upon a pre-arranged signal from Felisa, a man bearing three folded pieces of paper approached them. They were told that Jose needed to sign the papers so that the package could be
released to Felisa. He initially refused to do so. However, Felisa cajoled him,
HELD: The OSG avers that Jose is deemed estopped from assailing the legality
and told him that his refusal could get both of them killed by her brother who
of his marriage for lack of a marriage license. It is claimed that Jose and
had learned about their relationship. Reluctantly, he signed the pieces of
Felisa had lived together from 1986 to 1990, notwithstanding Jose’s
paper, and gave them to the man who immediately left. It was in February
subsequent marriage to Rufina Pascual on 31 August 1990, and that it took
1987 when he discovered that he had contracted marriage with Felisa. He
Jose seven years before he sought the declaration of nullity; hence, estoppel
alleged that he saw a piece of paper lying on top of the table at the sala of
had set in. This is erroneous. An action for nullity of marriage is
Felisa’s house. When he perused the same, he discovered that it was a copy
imprescriptible. Jose and Felisa’s marriage was celebrated sans a marriage
of his marriage contract with Felisa. When he confronted Felisa, she said she
license. No other conclusion can be reached except that it is void ab initio. In
does not know of such. Felisa denied Jose’s allegations and defended the
this case, the right to impugn a void marriage does not prescribe, and may be
validity of their marriage. She declared that they had maintained their
raised any time.
relationship as man and wife absent the legality of marriage in the early part
SSS vs Vda De Bailon
of 1980, but that she had deferred contracting marriage with him on account
of their age difference. In her pre-trial brief, Felisa expounded that while her
In 1955 Clemente Bailon and Alice Diaz married in Barcelona, Sorsogon. 15+
marriage to Jose was subsisting, the latter contracted marriage with a certain
years later, Clemente filed an action to declare the presumptive death of Alice
Rufina Pascual (Rufina) on 31 August 1990. On 3 June 1993, Felisa filed an
she being an absentee. The petition was granted in 1970. In 1983, Clemente
action for bigamy against Jose. Subsequently, she filed an administrative
married Jarque. The two live together untile Clemente’s death in 1998. Jarque
complaint against Jose with the Office of the Ombudsman, since Jose and
then sought to claim her husband’s SSS benefits and the same were granted
Rufina were both employees of the National Statistics and Coordinating
her. On the other hand, a certain Cecilia Baion-Yap who claimed that she is
Board. The Ombudsman found Jose administratively liable for disgraceful and
the daughter of Bailon to a certain Elisa Jayona petitioned before the SSS that
immoral conduct, and meted out to him the penalty of suspension from
they be given the reimbursement for the funeral spending for it was actually
service for one year without emolument. The RTC ruled against Jose claiming
them who shouldered the burial expenses of Clemente. They further claim
that his story is impossible and that his action of fraud has already
that Clemente contracted three marriages; one with Alice, another with Elisa
prescribed. It cited Article 87 of the New Civil Code which requires that the
and the other with Jarque. Cecilia also averred that Alice is alive and kicking
action for annulment of marriage must be commenced by the injured party
and Alice subsequently emerged; Cecilia claimed that Clemente obtained the
within four years after the discovery of the fraud.
declaration of Alice’s presumptive death in bad faith for he was aware of the
ISSUE: Whether or not the action to file an action to nullify a marriage due to fraud is subject to prescription.
whereabouts of Alice or if not he could have easily located her in her parent’s place. She was in Sorsogon all along in her parents’ place. She went there upon learning that Clemente had been having extra-marital affairs. SSS then
ruled that Jarque should reimburse what had been granted her and to return
Pepito Ninal was married with Teodulfa Bellones on September 26,
the same to Cecilia since she shouldered the burial expenses and that the
benefits should go to Alice because her reappearance had terminated
petitioners. Due to the shot inflicted by Pepito to Teodulfa, the latter died on
Clemente’s marriage with Harque. Further, SSS ruled that the RTC’s decision in declaring Alice to be presumptively death is erroneous. Teresita appealed the decision of the SSS before the Social Security Comission and the SSC affirmed SSS. The CA however ruled the contrary.
They had 3 children namely Babyline, Ingrid and Archie,
April 24, 1985 leaving the children under the guardianship of Engrace Ninal. 1 year and 8 months later, Pepito and Norma Badayog got married without any marriage license. They instituted an affidavit stating that they had lived together for at least 5 years exempting from securing the marriage
ISSUE: Whether or not the mere appearance of the absent spouse declared
license. Pepito died in a car accident on February 19, 1977. After his death,
presumptively dead automatically terminates the subsequent marriage.
petitioners filed a petition for declaration of nullity of the marriage of Pepito
HELD: There is no previous marriage to restore for it is terminated upon
and Norma alleging that said marriage was void for lack of marriage license.
Clemente’s death. Likewise there is no subsequent marriage to terminate for
the same is terminated upon Clemente’s death. SSS is correct in ruling that it is futile for Alice to pursue the recording of her reappearance before the local civil registrar through an affidavit or a court action. But it is not correct for the SSS to rule upon the declaration made by the RTC. The SSC or the SSS has no judicial power to review the decision of the RTC. SSS is indeed empowered
1. Whether or not the second marriage of Pepito was void? 2. Whether or not the heirs of the deceased may file for the declaration of the nullity of Pepito’s marriage after his death? HELD:
to determine as to who should be the rightful beneficiary of the benefits
The marriage of Pepito and Norma is void for absence of the marriage
obtained by a deceased member in case of disputes but such power does not
license. They cannot be exempted even though they instituted an affidavit
include the appellate power to review a court decision or declaration. In the
and claimed that they cohabit for at least 5 years because from the time of
case at bar, the RTC ruling is binding and Jarque’s marriage to Clemente is
Pepito’s first marriage was dissolved to the time of his marriage with Norma,
still valid because no affidavit was filed by Alice to make known her
only about 20 months had elapsed. Albeit, Pepito and his first wife had
reappearance legally. Alice reappeared only after Clemente’s death and in this
separated in fact, and thereafter both Pepito and Norma had started living
case she can no longer file such an affidavit; in this case the bad faith [or good faith] of Clemente can no longer be raised – the marriage herein is considered voidable and must be attacked directly not collaterally – it is however impossible for a direct attack since there is no longer a marriage to be attacked for the same has been terminated upon Clemente’s death.
with each other that has already lasted for five years, the fact remains that their five-year period cohabitation was not the cohabitation contemplated by law. Hence, his marriage to Norma is still void.
Void marriages are deemed to have not taken place and cannot be the source of rights. It can be questioned even after the death of one of the parties and any proper interested party may attack a void marriage.