MANUEL G. ALMELOR, G.R. No.

179620
Petitioner, - versus TRIAL REYES, JJ.

THE HON. REGIONAL

COURT OF LAS PIAS CITY, BRANCH 254, and

Promulgated:
LEONIDA T. ALMELOR,
Respondent. August 26, 2008
N

DECISIO

MARRIAGE, in its totality, involves the spouses

right to the community of their whole lives. It
likewise involves a true intertwining of
personalities.[1]

This is a petition for review on certiorari of the

Decision[2] of the Court of Appeals (CA) denying
the petition for annulment of judgment and
affirming in toto the decision of the Regional Trial
Court (RTC), Las Pias, Branch 254. The CA
dismissed outright the Rule 47 petition for being
the wrong remedy.

marital obligations. The case, docketed as LP-000132 was raffled off to Branch 254.

During the trial, Leonida testified that she first

met Manuel in 1981 at the San Lazaro Hospital
where they worked as medical student clerks. At
that time, she regarded Manuel as a very
thoughtful person who got along well with other
people. They soon became sweethearts. Three
years after, they got married.[6]

Leonida averred that Manuels kind and gentle

demeanor did not last long. In the public eye,
Manuel was the picture of a perfect husband and
father. This was not the case in his private life.
At home, Leonida described Manuel as a harsh
disciplinarian, unreasonably meticulous, easily
angered. Manuels unreasonable way of imposing
discipline on their children was the cause of their
frequent fights as a couple.[7] Leonida
complained that this was in stark contrast to the
alleged lavish affection Manuel has for his
mother. Manuels deep attachment to his mother
and his dependence on her decision-making
were incomprehensible to Leonida.[8]

The Facts

Petitioner Manuel G. Almelor (Manuel) and

respondent Leonida Trinidad (Leonida) were
married on January 29, 1989 at the Manila
Cathedral.[3] Their union bore three children: (1)
Maria Paulina Corinne, born on October 20,
1989; (2) Napoleon Manuel, born on August 9,
1991; and (3) Manuel Homer, born on July 4,
1994.[4] Manuel and Leonida are both medical
practitioners,
an
anesthesiologist
and
a
pediatrician, respectively.[5]

After eleven (11) years of marriage, Leonida filed

a petition with the RTC in Las Pias City to annul
their marriage on the ground that Manuel was
psychologically incapacitated to perform his

Further adding to her woes was his concealment

to her of his homosexuality. Her suspicions were
first aroused when she noticed Manuels peculiar
closeness to his male companions. For instance,
she caught him in an indiscreet telephone
conversation manifesting his affection for a male
caller.[9] She also found several pornographic
homosexual materials in his possession.[10] Her
worse fears were confirmed when she saw
Manuel kissed another man on the lips. The man
was a certain Dr. Nogales.[11] When she
confronted Manuel, he denied everything. At this
point, Leonida took her children and left their
conjugal abode. Since then, Manuel stopped
giving support to their children.[12]

Dr. Valentina del Fonso Garcia, a clinical

psychologist, was presented to prove Leonidas
claim. Dr. del Fonso Garcia testified that she

conducted evaluative interviews and a battery of

psychiatric tests on Leonida. She also had a onetime interview with Manuel and face-to-face
interviews with Ma. Paulina Corrinne (the eldest
child).[13] She concluded that Manuel is
psychologically
incapacitated.[14]
Such
incapacity is marked by antecedence; it existed
even before the marriage and appeared to be
incurable.

Manuel, for his part, admitted that he and

Leonida had some petty arguments here and
there. He, however, maintained that their marital
relationship was generally harmonious. The
petition for annulment filed by Leonida came as
a surprise to him.

Manuel countered that the true cause of

Leonidas hostility against him was their
professional rivalry. It began when he refused to
heed the memorandum[15] released by Christ
the King Hospital. The memorandum ordered
him to desist from converting his own lying-in
clinic to a primary or secondary hospital.[16]
Leonidas family owns Christ the King Hospital
which is situated in the same subdivision as
Manuels clinic and residence.[17] In other words,
he and her family have competing or rival
hospitals in the same vicinity.

Manuel belied her allegation that he was a cruel

father to their children. He denied maltreating
them. At most, he only imposed the necessary
discipline on the children.

He also defended his show of affection for his

mother. He said there was nothing wrong for him
to return the love and affection of the person
who reared and looked after him and his siblings.
This is especially apt now that his mother is in
her twilight years.[18] Manuel pointed out that
Leonida found fault in this otherwise healthy
relationship because of her very jealous and
possessive nature.[19]

This same overly jealous behavior of Leonida

drove Manuel to avoid the company of female
friends. He wanted to avoid any further
misunderstanding with his wife. But, Leonida
instead conjured up stories about his sexual
preference. She also fabricated tales about
pornographic materials found in his possession
to cast doubt on his masculinity.[20]

To corroborate his version, he presented his

brother, Jesus G. Almelor. Jesus narrated that he
usually stayed at Manuels house during his
weekly trips to Manila from Iriga City. He was a
witness to the generally harmonious relationship
between his brother Manuel and sister-in-law,
Leonida. True, they had some quarrels typical of
a husband and wife relationship. But there was
nothing similar to what Leonida described in her
testimony.[21]

Jesus further testified that he was with his

brother on the day Leonida allegedly saw Manuel
kissed another man. He denied that such an
incident occurred. On that particular date,[22]
he and Manuel went straight home from a trip to
Bicol. There was no other person with them at
that time, except their driver.[23]

Manuel expressed his intention to refute Dr. del

Fonso Garcias findings by presenting his own
expert witness. However, no psychiatrist was
presented.

RTC Disposition

By decision dated November 25, 2005, the RTC

granted the petition for annulment, with the
following disposition:

WHEREFORE, premised on
judgment is hereby rendered:

the

foregoing,

1. Declaring the marriage contracted by herein

parties on 29 January 1989 and all its effects
under the law null and void from the beginning;

2. Dissolving the regime of community property

between the same parties with forfeiture of
defendants share thereon in favor of the same
parties children whose

The trial court nullified the marriage, not on the

ground of Article 36, but Article 45 of the Family
Code. It ratiocinated:

x x x a careful evaluation and in-depth analysis

of the surrounding circumstances of the
allegations in the complaint and of the evidence
presented in support thereof (sic) reveals that in
this case (sic) there is more than meets the eyes
(sic).

a. Directing the Branch Clerk of this Court to

enter this Judgment upon its finality in the Book
of Entry of Judgment and to issue an Entry of
Judgment in accordance thereto; and

Both legally and biologically, homosexuality x x

x is, indeed, generally incompatible with hetero
sexual marriage. This is reason enough that in
this jurisdiction (sic) the law recognizes marriage
as a special contract exclusively only between a
man and a woman x x x and thus when
homosexuality has trespassed into marriage, the
same law provides ample remedies to correct
the situation [Article 45(3) in relation to Article
46(4) or Article 55, par. 6, Family Code]. This is
of course in recognition of the biological fact that
no matter how a man cheats himself that he is
not a homosexual and forces himself to live a
normal heterosexual life, there will surely come a
time when his true sexual preference as a
homosexual shall prevail in haunting him and
thus jeopardizing the solidity, honor, and welfare
of his own family.[25]

b. Directing the Local Civil Registrars of Las Pias

City and Manila City to cause the registration of
the said Entry of Judgment in their respective
Books of Marriages.

Manuel filed a notice of appeal which was,

however, denied due course. Undaunted, he filed
a petition for annulment of judgment with the
CA.[26]

Upon compliance, a decree of nullity of marriage

shall be issued.

Manuel contended that the assailed decision was

issued in excess of the lower courts jurisdiction;
that it had no jurisdiction to dissolve the
absolute community of property and forfeit his
conjugal share in favor of his children.

legal custody is awarded to plaintiff

visitorial right afforded to defendant;

with

3. Ordering the defendant to give monthly

financial support to all the children; and

4. Pursuant to the provisions of A.M. No. 02-1110-SC:

SO ORDERED.[24] (Emphasis supplied)

CA Disposition

On July 31, 2007, the CA denied the petition,

disposing as follows:

WHEREFORE, the present Petition for Annulment

of Judgment is hereby DENIED. The Court
AFFIRMS in toto the Decision (dated November
25, 2005) of the Regional Trial Court (Branch
254), in Las Pias City, in Civil Case No. LP-000132. No costs.[27]

I
THE HONORABLE COURT OF APPEALS ERRED IN
NOT TREATING THE PETITION FOR ANNULMENT
OF JUDGMENT AS A PETITION FOR REVIEW IN
VIEW OF THE IMPORTANCE OF THE ISSUES
INVOLVED AND IN THE INTEREST OF JUSTICE;

II
The CA stated that petitioner pursued the wrong
remedy by filing the extraordinary remedy of
petition for annulment of judgment. Said the
appellate court:

It is obvious that the petitioner is questioning

the propriety of the decision rendered by the
lower Court. But the remedy assuming there was
a mistake is not a Petition for Annulment of
Judgment but an ordinary appeal. An error of
judgment may be reversed or corrected only by
appeal.

What petitioner is ascribing is an error of

judgment, not of jurisdiction, which is properly
the subject of an ordinary appeal.

In short, petitioner admits the jurisdiction of the

lower court but he claims excess in the exercise
thereof. Excess assuming there was is not
covered by Rule 47 of the 1997 Rules of Civil
Procedure. The Rule refers the lack of jurisdiction
and not the exercise thereof.[28]

Issues

Petitioner Manuel takes the present recourse via

Rule 45, assigning to the CA the following errors:

THE HONORABLE COURT OF APPEALS ERRED IN

UPHOLDING THE DECISION OF THE TRIAL COURT
AS REGARDS THE ORDER DECLARING THE
MARRIAGE AS NULL AND VOID ON THE GROUND
OF PETITIONERS PSYCHOLOGICAL INCAPACITY;

III
THE HONORABLE COURT OF APPEALS ERRED IN
UPHOLDING THE DECISION OF THE TRIAL COURT
AS REGARDS THE ORDER TO FORFEIT THE
SHARE OF PETITIONER IN HIS SHARE OF THE
CONJUGAL ASSETS.[29]

Our Ruling

I. The stringent rules of procedures may be

relaxed to serve the demands of substantial
justice and in the Courts exercise of equity
jurisdiction.

Generally, an appeal taken either to the

Supreme Court or the CA by the wrong or
inappropriate mode shall be dismissed.[30] This
is to prevent the party from benefiting from ones
neglect and mistakes. However, like most rules,
it carries certain exceptions. After all, the
ultimate purpose of all rules of procedures is to
achieve substantial justice as expeditiously as
possible.[31]

Annulment of judgment under Rule 47 is a last

remedy. It can not be resorted to if the ordinary
remedies are available or no longer available
through no fault of petitioner.[32] However, in
Buenaflor v. Court of Appeals,[33] this Court
clarified the proper appreciation for technical
rules of procedure, in this wise:

Rules of procedures are intended to promote, not

to defeat, substantial justice and, therefore, they
should not be applied in a very rigid and
technical sense. The exception is that while the
Rules are liberally construed, the provisions with
respect to the rules on the manner and periods
for perfecting appeals are strictly applied. As an
exception to the exception, these rules have
sometimes
been
relaxed
on
equitable
considerations. Also, in some cases the Supreme
Court has given due course to an appeal
perfected out of time where a stringent
application of the rules would have denied it, but
only when to do so would serve the demands of
substantial justice and in the exercise of equity
jurisdiction of the Supreme Court.[34] (Emphasis
and underscoring supplied)

For reasons of justice and equity, this Court has

allowed exceptions to the stringent rules
governing appeals.[35] It has, in the past,
refused to sacrifice justice for technicality.[36]

After discovering the palpable error of his

petition, Manuel seeks the indulgence of this
Court to consider his petition before the CA
instead as a petition for certiorari under Rule 65.

A perusal of the said petition reveals that Manuel

imputed grave abuse of discretion to the lower
court for annulling his marriage on account of his
alleged homosexuality. This is not the first time
that this Court is faced with a similar situation. In
Nerves
v.
Civil
Service
Commission,[37]
petitioner Delia R. Nerves elevated to the CA a

Civil Service Commission (CSC) decision

suspending her for six (6) months. The CSC ruled
Nerves, a public school teacher, is deemed to
have already served her six-month suspension
during the pendency of the case. Nevertheless,
she is ordered reinstated without back wages.
On appeal, Nerves stated in her petition, inter
alia:

1.
This is a petition for certiorari filed
pursuant to Article IX-A, Section 7 of the
Constitution of the Philippines and under Rule 65
of the Rules of Court.

2.
But per Supreme Court Revised
Administrative Circular No. 1-95 (Revised
Circular No. 1-91) petitioner is filing the instant
petition with this Honorable Court instead of the
Supreme Court.[38] (Underscoring supplied)

The CA dismissed Nerves petition for certiorari

for being the wrong remedy or the inappropriate
mode of appeal.[39] The CA opined that under
the Supreme Court Revised Administrative
Circular No. 1-95 x x x appeals from judgments
or final orders or resolutions of CSC is by a
petition for review.[40]

This Court granted Nerves petition and held that

she had substantially complied with the
Administrative Circular. The Court stated:

That it was erroneously labeled as a petition for

certiorari under Rule 65 of the Rules of Court is
only a minor procedural lapse, not fatal to the
appeal. x x x

More importantly, the appeal on its face appears

to be impressed with merit. Hence, the Court of
Appeals
should
have
overlooked
the
insubstantial defects of the petition x x x in
order to do justice to the parties concerned.

There is, indeed, nothing sacrosanct about

procedural rules, which should be liberally
construed in order to promote their object and
assist the parties in obtaining just, speedy, and
inexpensive determination of every action or
proceeding. As it has been said, where the rigid
application of the rules would frustrate
substantial justice, or bar the vindication of a
legitimate grievance, the courts are justified in
exempting a particular case from the operation
of the rules.[41] (Underscoring supplied)

Similarly, in the more recent case of Tan v.

Dumarpa,[42] petitioner Joy G. Tan availed of a
wrong remedy by filing a petition for review on
certiorari instead of a motion for new trial or an
ordinary appeal. In the interest of justice, this
Court considered the petition, pro hac vice, as a
petition for certiorari under Rule 65.

This Court found that based on Tans allegations,

the trial court prima facie committed grave
abuse of discretion in rendering a judgment by
default. If uncorrected, it will cause petitioner
great injustice. The Court elucidated in this wise:

Indeed, where as here, there is a strong showing

that grave miscarriage of justice would result
from the strict application of the Rules, we will
not hesitate to relax the same in the interest of
substantial justice.[43] (Underscoring supplied)

Measured by the foregoing yardstick, justice will

be better served by giving due course to the
present petition and treating petitioners CA
petition as one for certiorari under Rule 65,
considering that what is at stake is the validity
or non-validity of a marriage.

In Salazar v. Court of Appeals,[44] citing Labad v.

University of Southeastern Philippines, this Court
reiterated:

x x x The dismissal of appeals on purely

technical grounds is frowned upon. While the
right to appeal is a statutory, not a natural right,
nonetheless it is an essential part of our judicial
system and courts should proceed with caution
so as not to deprive a party of the right to
appeal, but rather, ensure that every partylitigant has the amplest opportunity for the
proper and just disposition of his cause, free
from the constraints of technicalities.[45]

Indeed, it is far better and more prudent for a

court to excuse a technical lapse and afford the
parties a review of the case on the merits to
attain the ends of justice.[46]

Furthermore, it was the negligence and

incompetence
of
Manuels
counsel
that
prejudiced his right to appeal. His counsel, Atty.
Christine Dugenio, repeatedly availed of
inappropriate remedies. After the denial of her
notice of appeal, she failed to move for
reconsideration or new trial at the first instance.
She also erroneously filed a petition for
annulment of judgment rather than pursue an
ordinary appeal.

These manifest errors were clearly indicative of

counsels incompetence. These gravely worked to
the detriment of Manuels appeal. True it is that
the negligence of counsel binds the client. Still,
this Court has recognized certain exceptions: (1)
where reckless or gross negligence of counsel
deprives the client of due process of law; (2)
when its application will result in outright
deprivation of the clients liberty and property; or
(3) where the interest of justice so require.[47]

The negligence of Manuels counsel falls under

the exceptions. Ultimately, the reckless or gross
negligence of petitioners former counsel led to

the loss of his right to appeal. He should not be

made to suffer for his counsels grave mistakes.
Higher interests of justice and equity demand
that he be allowed to ventilate his case in a
higher court.

In Apex Mining, Inc. v. Court of Appeals,[48] this

Court explained thus:

It is settled that the negligence of counsel binds

the client. This is based on the rule that any act
performed by a counsel within the scope of his
general or implied authority is regarded as an
act of his client. However, where counsel is
guilty of gross ignorance, negligence and
dereliction of duty, which resulted in the clients
being held liable for damages in a damage suit,
the client is deprived of his day in court and the
judgment may be set aside on such ground. In
the instant case, higher interests of justice and
equity demand that petitioners be allowed to
present evidence on their defense. Petitioners
may not be made to suffer for the lawyers
mistakes. This Court will always be disposed to
grant relief to parties aggrieved by perfidy,
fraud, reckless inattention and downright
incompetence of lawyers, which has the
consequence of depriving their clients, of their
day in court.[49] (Emphasis supplied)

Clearly, this Court has the power to except a

particular case from the operation of the rule
whenever the demands of justice require it. With
more conviction should it wield such power in a
case involving the sacrosanct institution of
marriage. This Court is guided with the thrust of
giving a party the fullest opportunity to establish
the merits of ones action.[50]

The client was likewise spared from counsels

negligence in Government Service Insurance
System v. Bengson Commercial Buildings, Inc.
[51] and Ancheta v. Guersey-Dalaygon.[52] Said
the Court in Bengson:

But if under the circumstances of the case, the

rule deserts its proper office as an aid to justice
and becomes a great hindrance and chief
enemy, its rigors must be relaxed to admit
exceptions thereto and to prevent a miscarriage
of justice. In other words, the court has the
power to except a particular case from the
operation of the rule whenever the purposes of
justice require it.[53]

II. Concealment of homosexuality is the proper

ground to annul a marriage, not homosexuality
per se.

Manuel is a desperate man determined to

salvage what remains of his marriage. Persistent
in his quest, he fought back all the heavy
accusations of incapacity, cruelty, and doubted
masculinity thrown at him.

The trial court declared that Leonidas petition for

nullity had no basis at all because the supporting
grounds relied upon can not legally make a case
under Article 36 of the Family Code. It went
further by citing Republic v. Molina:[54]

Indeed,
mere
allegations
of
conflicting
personalities,
irreconcilable
differences,
incessant
quarrels
and/or
beatings,
unpredictable mood swings, infidelities, vices,
abandonment, and difficulty, neglect, or failure
in the performance of some marital obligations
do not suffice to establish psychological
incapacity.[55]

If so, the lower court should have dismissed

outright the petition for not meeting the
guidelines set in Molina. What Leonida
attempted to demonstrate were Manuels
homosexual tendencies by citing overt acts

generally predominant among homosexual

individuals.[56] She wanted to prove that the
perceived homosexuality rendered Manuel
incapable of fulfilling the essential marital
obligations.

But instead of dismissing the petition, the trial

court nullified the marriage between Manuel and
Leonida on the ground of vitiated consent by
virtue of fraud. In support of its conclusion, the
lower court reasoned out:

As insinuated by the State (p. 75, TSN, 15

December 2003), when there is smoke surely
there is fire. Although vehemently denied by
defendant, there is preponderant evidence
enough to establish with certainty that
defendant is really a homosexual. This is the fact
that can be deduced from the totality of the
marriage life scenario of herein parties.

Before his marriage, defendant knew very well

that people around him even including his own
close friends doubted his true sexual preference
(TSN, pp. 35-36, 13 December 2000; pp. 73-75,
15 December 2003). After receiving many
forewarnings, plaintiff told defendant about the
rumor she heard but defendant did not do
anything to prove to the whole world once and
for all the truth of all his denials. Defendant
threatened to sue those people but nothing
happened after that. There may have been more
important matters to attend to than to waste
time and effort filing cases against and be
effected by these people and so, putting more
premiums on defendants denials, plaintiff just
the same married him. Reasons upon reasons
may be advanced to either exculpate or nail to
the cross defendant for his act of initially
concealing his homosexuality to plaintiff, but in
the end, only one thing is certain even during his
marriage with plaintiff, the smoke of doubt about
his real preference continued and even got
thicker, reason why obviously defendant failed to
establish a happy and solid family; and in so

failing, plaintiff and their children became his

innocent and unwilling victims.

Yes, there is nothing untoward of a man if, like

herein defendant, he is meticulous over even
small details in the house (sic) like wrongly
folded bed sheets, etc. or if a man is more
authoritative in knowing what clothes or jewelry
shall fit his wife (pp. 77-81, TSN, 15 December
2003); but these admissions of defendant taken
in the light of evidence presented apparently
showing that he had extra fondness of his male
friends (sic) to the extent that twice on separate
occasions (pp. 4-7, TSN, 14 February 2001) he
was allegedly seen by plaintiff kissing another
man lips-to-lips plus the homosexual magazines
and
tapes
likewise
allegedly
discovered
underneath his bed (Exhibits L and M), the doubt
as to his real sex identity becomes stronger. The
accusation of plaintiff versus thereof of
defendant may be the name of the game in this
case; but the simple reason of professional
rivalry advanced by the defendant is certainly
not enough to justify and obscure the question
why plaintiff should accuse him of such a very
untoward infidelity at the expense and
humiliation of their children and family as a
whole.[57]

Evidently, no sufficient proof was presented to

substantiate the allegations that Manuel is a
homosexual and that he concealed this to
Leonida at the time of their marriage. The lower
court considered the public perception of
Manuels
sexual
preference
without
the
corroboration of witnesses. Also, it took
cognizance
of
Manuels
peculiarities and
interpreted it against his sexuality.

Even assuming, ex gratia argumenti, that

Manuel is a homosexual, the lower court cannot

appreciate it as a ground to annul his marriage

with Leonida. The law is clear a marriage may be
annulled when the consent of either party was
obtained by fraud,[58] such as concealment of
homosexuality.[59] Nowhere in the said decision
was it proven by preponderance of evidence that
Manuel was a homosexual at the onset of his
marriage and that he deliberately hid such fact
to his wife.[60] It is the concealment of
homosexuality, and not homosexuality per se,
that vitiates the consent of the innocent party.
Such concealment presupposes bad faith and
intent to defraud the other party in giving
consent to the marriage.

Consent is an essential requisite of a valid

marriage. To be valid, it must be freely given by
both parties. An allegation of vitiated consent
must be proven by preponderance of evidence.
The Family Code has enumerated an exclusive
list of circumstances[61] constituting fraud.
Homosexuality per se is not among those cited,
but its concealment.

This distinction becomes more apparent when

we go over the deliberations[62] of the
Committees on the Civil Code and Family Law, to
wit:

Justice Caguioa remarked that this ground

should be eliminated in the provision on the
grounds for legal separation. Dean Gupit,
however, pointed out that in Article 46, they are
talking only of concealment, while in the article
on legal separation, there is actuality. Judge Diy
added that in legal separation, the ground
existed after the marriage, while in Article 46,
the ground existed at the time of the marriage.
Justice Reyes suggested that, for clarity, they
add the phrase existing at the time of the
marriage at the end of subparagraph (4). The
Committee approved the suggestion.[63]

To reiterate, homosexuality per se is only a

ground for legal separation. It is its concealment
that serves as a valid ground to annul a
marriage.[64] Concealment in this case is not
simply a blanket denial, but one that is
constitutive of fraud. It is this fundamental
element that respondent failed to prove.

In the United States, homosexuality has been

considered as a basis for divorce. It indicates
that questions of sexual identity strike so deeply
at one of the basic elements of marriage, which
is the exclusive sexual bond between the
spouses.[65] In Crutcher v. Crutcher,[66] the
Court held:

Unnatural practices of the kind charged here are

an infamous indignity to the wife, and which
would make the marriage relation so revolting to
her that it would become impossible for her to
discharge the duties of a wife, and would defeat
the whole purpose of the relation. In the natural
course of things, they would cause mental
suffering to the extent of affecting her health.
[67]

However, although there may be similar

sentiments here in the Philippines, the legal
overtones are significantly different. Divorce is
not recognized in the country. Homosexuality
and its alleged incompatibility to a healthy
heterosexual life are not sanctioned as grounds
to sever the marriage bond in our jurisdiction. At
most, it is only a ground to separate from bed
and board.

What was proven in the hearings a quo was a

relatively blissful marital union for more than
eleven (11) years, which produced three (3)
children. The burden of proof to show the nullity
of the marriage rests on Leonida. Sadly, she
failed to discharge this onus.

The same failure to prove fraud which

purportedly resulted to a vitiated marital
consent was found in Villanueva v. Court of
Appeals.[68] In Villanueva, instead of proving
vitiation of consent, appellant resorted to
baseless portrayals of his wife as a perpetrator
of fraudulent schemes. Said the Court:

Factual findings of the Court of Appeals,

especially if they coincide with those of the trial
court, as in the instant case, are generally
binding on this Court. We affirm the findings of
the Court of Appeals that petitioner freely and
voluntarily married private respondent and that
no threats or intimidation, duress or violence
compelled him to do so, thus

Appellant anchored his prayer for the annulment

of his marriage on the ground that he did not
freely consent to be married to the appellee. He
cited several incidents that created on his mind
a reasonable and well-grounded fear of an
imminent and grave danger to his life and safety.
xxx

The Court is not convinced that appellants

apprehension of danger to his person is so
overwhelming as to deprive him of the will to
enter voluntarily to a contract of marriage. It is
not disputed that at the time he was allegedly
being harassed, appellant worked as a security
guard in a bank. Given the rudiments of selfdefense, or, at the very least, the proper way to
keep himself out of harms way. x x x

Appellant also invoked fraud to annul his

marriage, as he was made to believe by appellee
that the latter was pregnant with his child when
they were married. Appellants excuse that he
could not have impregnated the appellee
because he did not have an erection during their
tryst is flimsy at best, and an outright lie at
worst. The complaint is bereft of any reference

to his inability to copulate with the appellee. x x

x

xxxx

x x x The failure to cohabit becomes relevant

only if it arises as a result of the perpetration of
any of the grounds for annulling the marriage,
such as lack of parental consent, insanity, fraud,
intimidation, or undue influence x x x. Since the
appellant failed to justify his failure to cohabit
with the appellee on any of these grounds, the
validity of his marriage must be upheld.[69]

Verily, the lower court committed grave abuse of

discretion, not only by solely taking into account
petitioners homosexuality per se and not its
concealment, but by declaring the marriage void
from its existence.

This Court is mindful of the constitutional policy

to protect and strengthen the family as the basic
autonomous social institution and marriage as
the foundation of the family.[70] The State and
the public have vital interest in the maintenance
and preservation of these social institutions
against desecration by fabricated evidence.[71]
Thus, any doubt should be resolved in favor of
the validity of marriage.

III. In a valid marriage, the husband and wife

jointly administer and enjoy their community or
conjugal property.

Article 96 of the Family Code, on regimes of

absolute community property, provides:

Art. 96. The administration and enjoyment of the

community property shall belong to both
spouses jointly. In case of disagreement, the
husbands decision shall prevail, subject to
recourse to the court by the wife for a proper
remedy, which must be availed of within five
years
from
the
date
of the
contract
implementing such decision.

In the event that one spouse is incapacitated or

otherwise unable
to participate
in the
administration of the common properties, the
other spouse may assume sole powers of
administration. These powers do not include the
powers of disposition or encumbrance without
the authority of the court or the written consent
of the other spouse. In the absence of such
authority or consent, the disposition or
encumbrance shall be void. However, the
transaction shall be construed as a continuing
offer on the part of the consenting spouse and
the third person, and may be perfected as a
binding contract upon the acceptance by the
other spouse or authorization by the court
before the offer is withdrawn by either or both
offerors.

A similar provision, Article 124[72] prescribes

joint administration and enjoyment in a regime
of conjugal partnership. In a valid marriage, both
spouses exercise administration and enjoyment
of the property regime, jointly.

In the case under review, the RTC decreed a

dissolution of the community property of Manuel
and Leonida. In the same breath, the trial court
forfeited Manuels share in favor of the children.
Considering that the marriage is upheld valid
and subsisting, the dissolution and forfeiture of
Manuels share in the property regime is
unwarranted.
They
remain
the
joint
administrators of the community property.

WHEREFORE, the petition is GRANTED. The

appealed Decision is REVERSED and SET ASIDE

and the petition in the trial court to annul the

marriage is DISMISSED.

SO ORDERED.