Republic Vs CA
Republic Vs CA
Republic Vs CA
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* EN BANC.
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need not be perceivable at such time, but the illness itself must
have attached at such moment, or prior thereto.
Same; Same; Such incapacity must be shown to be medically
or clinically permanent or incurable.—Such incapacity must also
be shown to be medically or clinically permanent or incurable.
Such incurability may be absolute or even relative only in regard
to the other spouse, not necessarily absolutely against everyone of
the same sex. Furthermore, such incapacity must be relevant to
the assumption of marriage obligations, not necessarily to those
not related to marriage, like the exercise of a profession or
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PANGANIBAN, J.:
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The Facts
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1 Rollo pp. 25-3.
2 Sixteenth Division composed of J. Segundino G. Chua, ponente and
chairman; JJ. Serafin V.C. Guingona and Ricardo P. Galvez, concurring.
3 Presided by Judge Heilia S. Mallare-hillipps.
4 Solemnized by Fr. Jesus G. Encinas.
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The Issue
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rentals. Aside from this, respondent would also lie about his salary and ability.
And that at present, respondent is living with his mistress and their child, which
fact he does not deny.
It is unfortunate that the marriage between petitioner and respondent turned
sour if we look at the background of their relationship. During their college days,
when they were still going steady, respondent observed petitioner to be
conservative, homely, and intelligent causing him to believe then that she would
make an ideal wife and mother. Likewise, petitioner fell in love with respondent
because of his thoughtfulness and gentleness. After a year, however, they decided
to break their relationship because of some differences in their personalities.
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Almost five (5) years later, while they were working in Manila, petitioner and
respondent rekindled their love affair. They became very close and petitioner was
glad to observe a more mature respondent. Believing that they know each other
much better after two years of going steady, they decided to settle down and get
married. It would seem, therefore, that petitioner and respondent knew each other
well and were then prepared for married life.
During their marriage, however, the true personalities of the parties cropped-
up and dominated their life together. Unexpectedly on both their parts, petitioner
and respondent failed to respond properly to the situation. This failure resulted in
their frequent arguments and fightings. In fact, even with the intervention and
help of their parents who arranged for their possible reconciliation, the parties
could not come to terms.
It seems clear at this stage that the marriage between the parties broke-up
because of their opposing and conflicting personalties (sic). Neither of them can
accept and understand the weakness of the other. No one gives in and instead,
blame each other for whatever problem or misunderstanding/s they encounter. In
fine, respondent cannot be solely responsible for the failure of other (sic) marriage.
Rather, this resulted because both parties cannot relate to each other as husband
and wife which is unique and requisite in marriage.
Marriage is a special contract of permanent union between a man and a woman
with the basic objective of establishing a conjugal and family life. (Article 1,
Family Code). The
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“COURT
Q It is therefore the recommendation of the psychiatrist
based on your findings that it is better for the Court to
annul (sic) the marriage?
A Yes, Your Honor.
Q There is no hope for the marriage?
A There is no hope, the man is also living with another
woman.
Q Is it also the stand of the psychiatrist that the parties
are psychologically unfit for each other but they are
psycho logically fit with other parties?
A Yes, Your Honor.
Q Neither are they psychologically unfit for their
professions?
A Yes, Your Honor.
The Court has no more questions.”
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“Article XV
THE FAMILY
Section 1. The State recognizes the Filipino Family as the foundation of the
nation. Accordingly, it shall strengthen its solidarity and actively promote its total
development.
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(1) The right of spouses to found a family in accordance with their religious
convictions and the demands of responsible parenthood;
(2) The right of children to assistance, including proper care and nutrition,
and special protection from all forms of neglect, abuse, cruelty,
exploitation, and other conditions prejudicial to their development;
(3) The right of the family to a family living wage and income;
(4) The right of families or family associations to participate in the planning
and implementation of policies and programs that affect them.
Section 4. The family has the duty to care for its elderly members but the state
may also do so through just programs of social security.”
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The difference in wording between this and that in Arch. Cruz’s Memorandum
is due to the fact that the original Canon is written in Latin and both versions are
differently-worded English translations.
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SEPARATE STATEMENT
PADILLA, J.:
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SEPARATE OPINION
ROMERO, J.:
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We declared:
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CONCURRING OPINION
VITUG, J.:
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4 At pages 34-35.
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“Sec. 12. The State recognizes the sanctity of family life and shall
protect and strengthen the family as a basic autonomous social
institution x x x.”
The case of Marcelino vs. Cruz, 121 SCRA 51, might here
be significant not so much for the specific issue there
resolved but for the tone it has set. The Court there has
held that
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