Barcelona Case and Admin Matter

7/26/2019 Barcelona Case and Admin Matter

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[G.R. No. 130087. September 24, 2003]DIANA M. BARCELNA,petitioner, vs. C!R" # A$$EALS %&' "ADE R. BENG(N, respondents

")e C%*e

The Petition for Review before us assails the 30 May 1997 Decision [1] as well as the 7 Auust 1997Resolution of the !ourt of A""eals in !A#$%R% &P 'o% (3393% The !ourt of A""eals affir)e* the +r*er[,] *ate*,1 -anuary 1997 of the Reional Trial !ourt of .ue/on !ity ranch 102 in !ivil !ase 'o% .#9#,((71% TheReional Trial !ourt refuse* to *is)iss "rivate res"on*ents Petition for Annul)ent of Marriae for failure to statea cause of action an* for violation of &u"re)e !ourt A*)inistrative !ircular 'o% 0(#9(% The assaile* Resolution

*enie* "etitioners )otion for reconsi*eration%

")e #%+t*

+n ,9 March 199 "rivate res"on*ent Ta*eo R% en/on 4res"on*ent Ta*eo5 file* a Petition for Annul)entof Marriae aainst "etitioner Diana M% arcelona 4"etitioner Diana5% The case was *oc6ete* as !ivil !ase 'o%.#9#,3(( 4first "etition5 before the Reional Trial !ourt of .ue/on !ity ranch 7%[3]+n 9 May 199res"on*ent Ta*eo file* a Motion to 8ith*raw Petition which the trial court rante* in its +r*er *ate* 7 -une199%

+n ,1 -uly 199 res"on*ent Ta*eo file* anew a Petition for Annul)ent of Marriae aainst "etitionerDiana% This ti)e the case was *oc6ete* as !ivil !ase 'o% .#9#,((71 4secon* "etition5 before the ReionalTrial !ourt of .ue/on !ity ranch 102 4trial court5%

Petitioner Diana file* a Motion to Dis)iss the secon* "etition on two roun*s% irst the secon* "etition failsto state a cause of action% &econ* it violates &u"re)e !ourt A*)inistrative !ircular 'o% 0(#9( 4!ircular 'o% 0(#9(5 on foru) sho""in% Res"on*ent Ta*eo o""ose* the Motion to which "etitioner Diana file* A**itional

Aru)ents in &u""ort of the Motion%

The trial court throuh -u*e -ulieto P% Tabiolo issue* on 1 &e"te)ber 1992 an +r*er 4first or*er5*eferrin resolution of the Motion until the "arties ventilate their aru)ents in a hearin% Petitioner Diana file* a)otion for reconsi*eration% :owever the trial court throuh Pairin -u*e Rosalina ;% ;una Pison issue* on ,1

-anuary 1997 an +r*er 4secon* or*er5 *enyin the )otion% ecte* "etitioner Dianas clai) that res"on*entTa*eo is uilty of foru) sho""in in filin the secon* "etition% -u*e Pison e="laine* that when res"on*entTa*eo file* the secon* "etition the first "etition 4!ivil !ase 'o% .#9#,3((5 was no loner "en*in as it ha*been earlier *is)isse* without "re>u*ice%

Petitioner Diana file* a Petition for Certiorari Prohibition an* Mandamusbefore the !ourt of A""ealsassailin the trial courts first or*er *eferrin action on the Motion an* the secon* or*er *enyin the )otion for

reconsi*eration on 1( ebruary 1997% The !ourt of A""eals *is)isse* the "etition an* *enie* the )otion forreconsi*eration%

:ence this "etition%

R-&/ o t)e Cort o Appe%-*

The !ourt of A""eals aree* with "etitioner Diana that the trial court in its first or*er erre* in *eferrinaction on the Motion until after a hearin on whether the co)"laint states a cause of action% 'evertheless , the

!ourt of A""eals "ointe* out that the trial courts secon* or*er correcte* the situation since in *enyin the )otionfor reconsi*eration the trial court in effect *enie* the Motion% The a""ellate court aree* with the trial court that
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the alleations in the secon* "etition state a cause of action sufficient to sustain a vali* >u*)ent if "roven to betrue%

The !ourt of A""eals also hel* that there was no violation of !ircular 'o% 0(#9(% To *eter)ine the e=istenceof foru) sho""in the ele)ents of litis pendentia)ust e=ist or a final >u*)ent in one case )ust a)ount to res

judicatain the other% u*ice of the first "etition before filin the secon* "etition% 'either is there res judicatabecause thereis no final *ecision on the )erits%

I**e*

The "etition has no )erit%

Sufficiency of Cause of Action

Petitioner Dianas contention that the secon* "etition fails to state a cause of action is untenable% A cause ofaction is an act or o)ission of the *efen*ant in violation of the leal riht of the "laintiff%[]A co)"laint states acause of action when it contains three essential ele)ents? 415 a riht in favor of the "laintiff by whatever )eansan* un*er whatever law it arisesC 4,5 an obliation of the *efen*ant to res"ect such rihtC an* 435 the act oro)ission of the *efen*ant violates the riht of the "laintiff%[2]

8e fin* the secon* "etition sufficiently allees a cause of action% The "etition souht the *eclaration ofnullity of the )arriae base* on Article 32 of the a)ily !o*e%[7]The "etition allee* that res"on*ent Ta*eo an*"etitioner Diana were leally )arrie* at the :oly !ross Parish after a whirlwin* courtshi" as shown by the)arriae contract attache* to the "etition% The cou"le establishe* their resi*ence in .ue/on !ity% The unionbeot five chil*ren Ana Maria born on 'ove)ber 192(C ual *wellin% &hefurther insiste* that she wante* to feel a little free*o) fro) "etitioners )arital authority an* influences% The"etitioner arue* that he coul* occu"y another roo) in their con>ual *wellin to acco))o*ate res"on*ents*esire but no a)ount of "lea an* e="lanation coul* *issua*e her fro) *e)an*in that the "etitioner leave theircon>ual *wellin%

% ual *wellin an* resi*e in a con*o)iniu) locate* in $reenhills%

9% This se"aration resulte* in co)"lete estrane)ent between the "etitioner an* the res"on*ent% The "etitionerwaive* his riht to the con>ual *wellin in res"on*ents favor throuh an e=tra>u*icial *issolution of their con>ual"artnershi" of ains% The se"aration in fact between the "etitioner an* the res"on*ent still subsists to the"resent ti)e%

10% The "arties li6ewise aree* on the custo*y an* su""ort of the chil*ren% The e=tra>u*icial *issolution ofcon>ual "artnershi" of ains is hereto attache* as Anne= ! an* ta6en as an interal "art hereof%

11% The res"on*ent at the ti)e of the celebration of their )arriae was "sycholoically inca"acitate* to co)"lywith the essential obliation of )arriae an* such inca"acity subsiste* u" to an* until the "resent ti)e% &uchinca"acity was conclusively foun* in the "sycholoical e=a)ination con*ucte* on the relationshi" between the"etitioner an* the res"on*ent%

1,% n*er Article 32 of the a)ily !o*e the )arriae between the "etitioner an* the res"on*ent is voi* ab initio

an* nee*s to be annulle*% This "etition is in accor*ance with Article 39 thereof%
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The secon* "etition states the ulti)ate facts on which res"on*ent bases his clai) in accor*ance with&ection 1 Rule of the ol* Rules of !ourt% [9]lti)ate facts refer to the "rinci"al *eter)inative constitutivefacts u"on the e=istence of which the cause of action rests% The ter) *oes not refer to *etails of "robative )atteror "articulars of evi*ence which establish the )aterial ele)ents%[10]

Petitioner Diana relies )ainly[11]on the rulins in Santos v. Court of Appeals[1,]as well as in Republicv. Court of Appeals and Molina%[13]Santosave life to the "hrase "sycholoical inca"acity a novel "rovisionin the a)ily !o*e by *efinin the ter) in this wise?

=== "sycholoical inca"acity shoul* refer to no less than )ental 4not "hysical5 inca"acity that causes a "arty tobe truly inconitive of the basic )arital covenants that conco)itantly )ust be assu)e* an* *ischare* by the"arties to the )arriae which as so e="resse* by Article 2 of the a)ily !o*e inclu*e their )utual obliationsto live toether observe love res"ect an* fi*elity an* ren*er hel" an* su""ort% There is har*ly any *oubt thatthe inten*)ent of the law has been to confine the )eanin of "sycholoical inca"acity to the )ost serious casesof "ersonality *isor*ers clearly *e)onstrative of an utter insensitivity or inability to ive )eanin an* sinificanceto the )arriae% This "sycholoic con*ition )ust e=ist at the ti)e the )arriae is celebrate*% ===%

Molinaa**itionally "rovi*e* "roce*ural ui*elines to assist the courts an* the "arties in cases for annul)ent of)arriaes roun*e* on "sycholoical inca"acity%[1(]

Petitioner Diana arues that the secon* "etition falls short of the ui*elines set forth

in Santosan* Molina% &"ecifically she conten*s that the secon* "etition is *efective because it fails to alleethe root cause of the allee* "sycholoical inca"acity% The secon* "etition also fails to state that the allee*"sycholoical inca"acity e=iste* fro) the celebration of the )arriae an* that it is "er)anent orincurable% urther the secon* "etition is *evoi* of any reference of the rave nature of the illness to brin aboutthe *isability of the "etitioner to assu)e the essential obliations of )arriae% ;astly the secon* "etition *i* noteven state the )arital obliations which "etitioner Diana allee*ly faile* to co)"ly *ue to "sycholoicalinca"acity%

&ubseEuent to Santosan* Molina the !ourt a*o"te* the new Rules on Declaration of Absolute 'ullity ofoi* Marriaes an* Annul)ent of oi*able Marriaes 4new Rules5%[1]&"ecifically &ection , "arara"h 4*5 ofthe new Rules "rovi*es?

&@!% ,% Petition for *eclaration of absolute nullity of voi* )arriaes

= = =%

(d) What to allege% A "etition un*er Article 32 of the a)ily !o*e shall s"ecifically allee the co)"lete factsshowin that either or both "arties were "sycholoically inca"acitate* fro) co)"lyin with the essential )aritalobliations of )arriae at the ti)e of the celebration of )arriae even if such inca"acity beco)es )anifest onlyafter its celebration%

")e +omp-ete %+t* *)o-' %--e/e t)e p)*+%- m%&e*t%to&*, %&, %* %re &'+%te o p*+)o-o/+%-&+%p%+t %t t)e tme o t)e +e-ebr%to& o t)e m%rr%/e bt epert op&o& &ee' &ot be%--e/e'% 4@)"hasis su""lie*5

Proce*ural rules a""ly to actions "en*in an* unresolve* at the ti)e of their "assae%[12] The obviouseffect of the new Rules "rovi*in that expert opinion need not be allegedin the "etition is that there is also nonee* to allee the root cause of the "sycholoical inca"acity% +nly e="erts in the fiel*s of neuroloical an*

behavioral sciences are co)"etent to *eter)ine the root cause of "sycholoical inca"acity% &ince the new Rules*o not reEuire the "etition to allee e="ert o"inion on the "sycholoical inca"acity it follows that there is also nonee* to allee in the "etition the root cause of the "sycholoical inca"acity%

&cience continues to e="lore e=a)ine an* e="lain how our brains wor6 res"on* to an* control the hu)anbo*y% &cientists still *o not un*erstan* everythin there is to 6now about the root causes of "sycholoical*isor*ers% The root causes of )any "sycholoical *isor*ers are still un6nown to science even as their outwar*"hysical )anifestations are evi*ent% :ence what the new Rules reEuire the "etition to allee are the "hysical)anifestations in*icative of "sycholoical inca"acity% Res"on*ent Ta*eos secon* "etition co)"lies with thisreEuire)ent%

The secon* "etition states a cause of action since it states the leal riht of res"on*ent Ta*eo thecorrelative obliation of "etitioner Diana an* the act or o)ission of "etitioner Diana in violation of the lealriht%


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Forum Shopping

&i)ilarly untenable is "etitioner Dianas contention that the secon* "etitions certificate of non#foru)sho""in which *oes not )ention the filin of the first "etition an* its *is)issal without "re>u*ice violates !ircular'o% 0(#9(%[19]Petitioner Diana refers to this "ortion of !ircular 'o% 0(#9(#

1% The "laintiff "etitioner a""licant or "rinci"al "arty see6in relief in the co)"laint "etition a""lication or other

initiatory "lea*in shall certify un*er oath in such oriinal "lea*in or in a sworn certification anne=e* theretoan* si)ultaneously file* therewith to the truth of the followin facts an* un*erta6ins? 4a5 )e )%* &ott)eretoore +omme&+e' %& ot)er %+to& or pro+ee'&/ &o-&/ t)e *%me **e* & t)e Spreme +ort,t)e Cort o Appe%-*, or %& ot)er trb&%- or %/e&+C 4b5 to the best of his 6nowle*e no action or"rocee*in is "en*in in the &u"re)e !ourt the !ourt of A""eals or any other tribunal or aencyC 4c5 t)ere *%& *+) %+to& or pro+ee'&/ 5)+) * et)er pe&'&/ or m% )%e bee& term&%te', )e m*t *t%te t)e*t%t* t)ereoC an* 4*5 if he shoul* thereafter learn that a si)ilar action or "rocee*in has been file* or is"en*in before the &u"re)e !ourt the !ourt of A""eals or any other tribunal or aency he un*erta6es tore"ort that fact within five 45 *ays therefro) to the court or aency wherein the oriinal "lea*in an* sworncertification conte)"late* herein have been file*%[,0]

Petitioner Diana "oints out that res"on*ent Ta*eo *i* not *isclose in his certificate of non#foru) sho""inthat he ha* "reviously co))ence* a si)ilar action base* on the sa)e roun*s with the sa)e "rayer for

relief% The certificate of non#foru) sho""in shoul* have state* the fact of ter)ination of the first "etition or itsstatus%

The !ourt has consistently hel* that a certificate of non#foru) sho""in not attache* to the "etition or onebelate*ly file* or one sine* by counsel an* not the "arty hi)self constitutes a violation of the reEuire)ent% &uchviolation can result in the *is)issal of the co)"laint or "etition% :owever the !ourt has also "reviously hel* thatthe rule of substantial compliance applies to the contents of the certification %[,1]

ustice% The !ircular shoul* not be inter"rete* with such absolute literalness as to subvert itsown ulti)ate an* leiti)ate ob>ective or the oal of all rules of "roce*ure which is to achieve substantial >usticeas e="e*itiously as "ossible%[,(]

A final wor*% 8e are ever )in*ful of the "rinci"le that )arriae is an inviolable social institution an* thefoun*ation of the fa)ily that the state cherishes an* "rotects%[,] ect to attac6 by a )otion to *is)iss on these roun*s%

6ERE#RE we D@'B the "etition% The assaile* Decision *ate* 30 May 1997 as well as the Resolution*ate* 7 Auust 1997 of the !ourt of A""eals in !A#$%R% &P 'o% (3393 is A


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A.M. No. 02-11-10-SC March 4, 2003

RE: PROPOSED RULE ON DECLARATION OF ABSOLUTE NULLIT OF !OID MARRIA"ES AND

ANNULMENT OF !OIDABLE MARRIA"ES

R E S O L U T I O N

Acting on the letter of the Chairman of the Committee on Revision of the Rules of Court submitting for this Court's

consideration and approval the Proposed Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of

Voidable Marriages, the Court Resolved to APPRV! the same"

#he Rule shall ta$e effect on March %&, (() follo*ing its publication in a ne*spaper of general circulation notlater than March +, (()

March , (()

RULE ON DECLARATION OF ABSOLUTE NULLIT OF !OID MARIA"ES AND ANNULMENT OF

!OIDABLE MARRIA"ES

S#c$%o& 1.Scope- #his Rule shall govern petitions for declaration of absolute nullity of void marriages and annulment of

voidable marriages under the .amily Code of te Philippines"

#he Rules of Court shall apply suppletorily"

S#c$%o& 2.Petition for declaration of absolute nullity of void marriages.

(a) Who may file.- A petition for declaration of absolute nullity of void marriage may be filed solely by the husbandor the *ife" /n0

(b) Where to file.- #he petition shal be filed in the .amily Court"

(c) Imprecriptibility ofaction or defense.- An Action or defense for the declaration of absolute nullity of void

marriage shall not prescribe"

(d) What to allege.- A petition under Article )1 of .amily Code shall specially allege te complete facts sho*ing the

either or both parties *ere psychologically incapacitated from complying *ith the essential marital obligations ofmarriages at the time of the celebration of marriage even if such incapacity becomes manifest only after its

celebration"

#he complete facts should allege the physical manifestations, if any, as are indicative of psychological incapacity at

the time of the celebration of the marriage but e2pert opinion need not be alleged"

S#c$%o& 3.Petition for annulment of voidable marriages.-

(a) Who may file.- #he follo*ing persons may file a petition for annulment of voidable marriage based on any of

the grounds under article & of the .amily Code and *ithin the period herein indicated3

/%0 #he contracting party *hose parent, or guardian, or person e2ercising substitute parental authority didnot give his or her consent, *ithin five years after attaining the age of t*enty-one unless, after attaining

the age of t*enty-one, such party freely cohabitated *ith the other as husband or *ife4 or the parent,

guardian or person having legal charge of the contracting party , at any time before such party has reachedthe age of t*enty-one4

/0 #he sane spouse *ho had no $no*ledge of the other's insanity4 or by any relative, guardian, or personhaving legal charge of the insane, at any time before the death of either party4 or by the insane spouse

during the a lucid interval or after regaining sanity, provided that the petitioner , after coming to reason,

has not freely cohabited *ith the other as husband or *ife4

/)0 #he in5ured party *hose consent *as obtained by fraud, *ithin five years after the discovery of thefraud, provided that said party, *ith full $no*ledge of the facts constituting the fraud, has not freely

cohabited *ith the other as husband or *ife4

/0 #he in5ured party *hose consent *as obtained by force, intimidation, or undue influence, *ithin five

years from the time the force intimidation, or undue influence disappeared or ceased, provided that the

force, intimidation, or undue influence having disappeared or ceased, said party has not thereafter freelycohabited *ith the other as husband or *ife4

/&0 #he in5ured party *here the other spouse is physically incapable of consummating the marriage *ith

the other and such incapability continues and appears to be incurable, *ithin five years after the

celebration of marriage4 and

/10 #e in5ured party *here the other party *as afflicted *ith a se2ually-transmissible disease found to be

serious and appears to be incurable, *ithin five years after the celebration of marriage"

(b) Where to file.- #he petition shall be filed in the .amily Court"

S#c$%o& 4.Venue.- #he Petition shall be filed in the .amily Court of the province or city *here the petitioner or therespondent has been residing for at least si2 months prior to the date of filing" r in the case of non-resident respondent,

*here he may be found in the Philippines, at the election of the petitioner"

S#c$%o& '.Contents and form of petition.- /%0 #he petition shall allege the complete facts constituting the cause of action"

/0 6t shall state the names and ages of the common children of the parties and specify the regime governing their

property relations, as *ell as the properties involved"


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6f there is no ade7uate provision in a *ritten agreement bet*een the parties, the petitioner may apply for aprovisional order for spousal support, the custody and support of common children, visitation rights, administration

of community or con5ugal property, and other matters similarly re7uiringurgent action"

/)0 6t must be verified and accompanied celebration of marriage" /b0 8here to file"-#he petition shall be filed in the

.amily Court"

S#c$%o& 4.Venue.- #he petition shall be filed in the .amily Court of the province or city *here the petitioner or the

respondent has been residing for at least si2 months prior to the date of filing, or in the case of a non-resident respondent,

*here he may be found in the Philippines at the election of the petitioner"

S#c$%o& '.Contents and form of petition.-/%0 #he petition shall allege the complete facts constituting the cause of action"

/0 it shall state the names and ages of the common children of the parties and specify the regime governing their

property relations, as *ell as the properties involved"

6f there is no ade7uate provision in a *ritten agreement bet*een the parties, the petitioner may apply for a

provisional order for spousal support, custody and support of common children, visitation rights, administration ofcommunity or con5ugal property, and other matters similarly re7uiring urgent action"

/)0 it must be verified and accompanied by a certification against forum shopping" #he verification and

certification must be signed personally by me petitioner" No petition may be filed solely by counsel or through an

attorney-in-fact"

6f the petitioner is in a foreign country, the verification and certification against forum shopping shall beauthenticated by the duly authori9ed officer of the Philippine embassy or legation, consul general, consul or vice-consul or consular agent in said country"

/0 it shall be filed in si2 copies" #he petitioner shall serve a copy of the petition on the ffice of the :olicitor

;eneral and the ffice of the City or Provincial Prosecutor, *ithin five days from the date of its filing and submit

to the court proof of such service *ithin the same period"

.ailure to comply *ith any of the preceding re7uirements may be a ground for immediate dismissal of the petition"

S#c$%o& (. Summons. - #he service of summons shall be governed by Rule % of the Rules of Court and by the follo*ingrules3

/%0 8here the respondent cannot be located at his given address or his *hereabouts are un$no*n and cannot be

ascertained by diligent in7uiry, service of summons may, by leave of court, be effected upon him by publication

once a *ee$ for t*o consecutive *ee$s in a ne*spaper of general circulation in the Philippines and in such places

as the court may order 6n addition, a copy of the summons shall be served on the respondent at his last $no*naddress by registered mail or any other means the court may deem sufficient"

/0 #he summons to be published shall be contained in an order of the court *ith the follo*ing data3 /a0 title of the

case4 /b0 doc$et number4 /c0 nature of the petition4 /d0 principal grounds of the petition and the reliefs prayed for4

and /e0 a directive for the respondent to ans*er *ithin thirty days from the last issue of publication"

S#c$%o& ). otion to dismiss. - No motion to dismiss the petition shall be allo*ed e2cept on the ground of lac$ of

5urisdiction over the sub5ect matter or over the parties4 provided, ho*ever, that any other ground that might *arrant adismissal of the case may be raised as an affirmative defense in an ans*er"

S#c$%o& *.!ns"er. - /%0 #he respondent shall file his ans*er *ithin fifteen days from service of summons, or *ithin thirty

days from the last issue of publication in case of service of summons by publication" #he ans*er must be verified by the

respondent himself and not by counsel or attorney-in-fact"

/0 6f the respondent fails to file an ans*er, the court shall not declare him or her in default"

/)0 8here no ans*er is filed or if the ans*er does not tender an issue, the court shall order the public prosecutor toinvestigate *hether collusion e2ists bet*een the parties"

S#c$%o& +.Investigation report of public prosecutor. - /%0 8ithin one month after receipt of the court order mentioned in

paragraph /)0 of :ection < above, the public prosecutor shall submit a report to the court stating *hether the parties are in

collusion and serve copies thereof on the parties and their respective counsels, if any"

/0 6f the public prosecutor finds that collusion e2ists, he shall state the on the finding of collusion *ithin ten days

from receipt of a copy of a report #he court shall set the report for hearing and 6f convinced that the parties are incollusion, it shall dismiss the petition"

/)0 6f the public prosecutor reports that no collusion e2ists, the court shall set the case for pre-trial" 6t shall be the

duty of the public prosecutor to appear for the :tate at the pre-trial"

S#c$%o& 10. Social "or#er. - #he court may re7uire a social *or$er to conduct a case study and submit the corresponding

report at least three days before the pre-trial" #he court may also re7uire a case study at any stage of the case *henever

necessary"

S#c$%o& 11.Pre-trial.-

($) Pre-trial mandatory.- A pre-trial is mandatory" n motion or motu proprio% the court shall set the pre-trial after

the last pleading has been served and filed, or upon receipt of the report of the public prosecutor that no collusion

e2ists bet*een the parties"

(&) 'otice of pre-trial. - /a0 #he notice of pre-trial shall contain3

/%0 the date of pre-trial conference4 and

/0 an order directing the parties to file and serve their respective pre-trial briefs in such manneras shall ensure the receipt thereof by the adverse party at least three days before the date of pre-trial"


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/b0 #he notice shall be served separately on the parties and their respective counsels as *ell as on thepublic prosecutor" 6t shall be their duty to appear personally at the pre-trial"

/c0 Notice of pre-trial shall be sent to the respondent even if he fails to file an ans*er" 6n case of summons

by publication and the respondent failed to file his ans*er, notice of pre-trial shall be sent to respondent at

his last $no*n address"

S#c$%o& 12. Contents of pre-trial brief. - #he pre-trial brief shall contain the follo*ing3

/a0 A statement of the *illingness of the parties to enter into agreements as may be allo*ed by la*, indicating thedesired terms thereof4

/b0 A concise statement of their respective claims together *ith the applicable la*s and authorities4

/c0 Admitted facts and proposed stipulations of facts, as *ell as the disputed factual and legal issues4

/d0 All the evidence to be presented, including e2pert opinion, if any, briefly stating or describing the nature and

purpose thereof4

/e0 #he number and names of the *itnesses and their respective affidavits4 and

/f0 :uch other matters as the court may re7uire"

.ailure to file the pre-trial brief or to comply *ith its re7uired contents shall have the same effect as failure to

appear at the pre-trial under the succeeding paragraphs"

S#c$%o& 13.ffect of failure to appear at the pre-trial. - =a0 6f the petitioner fails to appear personally, the case shall bedismissed unless his counsel or a duly authori9ed representative appears in court and proves a valid e2cuse for the non-appearance of the petitioner"

/b0 6f the respondent has filed his ans*er but fails to appear, the court shall proceed *ith the pre-trial and re7uire

the public prosecutor to investigate the non-appearance of the respondent and submit *ithin fifteen days thereafter

a report to the court stating *hether his non-appearance is due to any collusion bet*een the parties" 6f there 6s nocollusion, the court shall re7uire the public prosecutor to intervene for the :tate during the trial on the merits to

prevent suppression or fabrication of evidence"

S#c$%o& 14.Pre-trial conference. -At the pre-trial conference, the court3

/a0 May refer the issues to a mediator *ho shall assist the parties in reaching an agreement on matters not

prohibited by la*"

#he mediator shall render a report *ithin one month from referral *hich, for good reasons, the court may e2tendfor a period not e2ceeding one month"

/b0 6n case mediation is not availed of or *here it fails, the court shall proceed *ith the pre-trial conference, on*hich occasion it shall consider the advisability of receiving e2pert testimony and such other ma$ers as may aid in

the prompt disposition of the petition"

S#c$%o& 1'.Pre-trial order. - =a0 #he proceedings in the pre-trial shall be recorded" >pon termination of the pre-trial, the

court shall 6ssue a pre-trial order *hich shall recite in detail the matters ta$en up 6n the conference, the action ta$en thereon,

the amendments allo*ed on the pleadings, and e2cept as to the ground of declaration of nullity or annulment, theagreements or admissions made by the parties on any of the matters considered, including any provisional order that may be

necessary or agreed upon by the parties"

/b0 :hould the action proceed to trial, the order shall contain a recital of the follo*ing4

/%0 .acts undisputed, admitted, and those *hich need not be proved sub5ect to :ection %1 of this Rule4/0 .actual and legal issues to be litigated4

/)0 !vidence, including ob5ects and documents, that have been mar$ed and *ill be presented4

/0 Names of *itnesses *ho *ill be presented and their testimonies in the form of affidavits4 and

/&0 :chedule of the presentation of evidence"

/c0 #he pre-trial order shall also contain a directive to the public prosecutor to appear for the :tate and ta$e steps toprevent collusion bet*een the parties at any stage of the proceedings and fabrication or suppression of evidence

during the trial on the merits"

/d0 #he parlies shall not be allo*ed to raise issues or present *itnesses and evidence other than those stated in the

pre-trial order"

#he order shall control the trial of the case, unless modified by the court to prevent manifest in5ustice"

/e0 #he parties shall have five days from receipt of the pre-trial order to propose corrections or modifications"

S#c$%o& 1(.Prohibited compromise. - #he court-shall not allo* compromise on prohibited matters, such as the follo*ing3

/a0 #he civil status of persons4

/b0 #he validity of a marriage or of a legal separation4

/c0 Any ground for legal separation4

/d0 .uture support4

/e0 #he 5urisdiction of courts4 and

/f0 .uture legitime"


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S#c$%o& 1). rial. - /%0 #he presiding 5udge shall personally conduct the trial of the case" No delegation of the reception ofevidence to a commissioner shall be allo*ed e2cept as to matters involving property relations of the spouses"

/0 #he grounds for declaration of absolute nullity or annulment of marriage must be proved" No 5udgment on the

pleadings, summary 5udgment, or confession of 5udgment shall be allo*ed"

/)0 #he court may order the e2clusion from the courtroom of all persons, including members of the press, *ho do

not have a direct interest in the case" :uch an order may be made if the court determines on the record that

re7uiring a party to testify in open court *ould not enhance the ascertainment of truth4 *ould cause to the party

psychological harm or inability to effectively communicate due to embarrassment, fear, or timidity4 *ould violatethe right of a party to privacy4 or *ould be offensive to decency or public morals"

/0 No copy shall be ta$en nor any e2amination or perusal of the records of the case or parts thereof be made by

any person other than a party or counsel of a party, e2cept by order of the court"

S#c$%o& 1*.emoranda. - #he court may re7uire the parties and the public prosecutor, in consultation *ith the ffice of the:olicitor ;eneral, to file their respective memoranda support of their claims *ithin fifteen days from the date the trial is

terminated" 6t may re7uire the ffice of the :olicitor ;eneral to file its o*n memorandum if the case is of significant

interest to the :tate" No other pleadings or papers may be submitted *ithout leave of court" After the lapse of the period

herein provided, the case *ill be considered submitted for decision, *ith or *ithout the memoranda"

S#c$%o& 1+.*ecision. - /%0 6f the court renders a decision granting the petition, it shall declare therein that the decree ofabsolute nullity or decree of annulment shall be issued by the court only after compliance *ith Article &( and &% of the

.amily Code as implemented under the Rule on ?i7uidation, Partition and Distribution of Properties"

/0 #he parties, including the :olicitor ;eneral and the public prosecutor, shall be served *ith copies of the

decision personally or by registered mail" 6f the respondent summoned by publication failed to appear in the action,

the dispositive part of the decision shall be published once in a ne*spaper of general circulation"

/)0 #he decision becomes final upon the e2piration of fifteen days from notice to the parties" !ntry of 5udgmentshall be made if no motion for reconsideration or ne* trial, or appeal 6s filed by any of the parties the public

prosecutor, or the :olicitor ;eneral"

/0 >pon the finality of the decision, the court shall forth*ith issue the corresponding decree if the parties have no

properties"

6f the parties have properties, the court shall observe the procedure prescribed in :ection % of this Rule"

#he entry of 5udgment shall be registered in the Civil Registry *here the marriage *as recorded and 6n the Civil

Registry *here the .amily Court'granting the petition for declaration of absolute nullity or annulment of marriage is located"

S#c$%o& 20.!ppeal.-

($) Pre-condition.- No appeal from the decision shall be allo*ed unless the appellant has filed a motion for

reconsideration or ne* trial *ithin fifteen days from notice of 5udgment"

(&) 'otice of appeal. - An aggrieved party or the :olicitor ;eneral may appeal from the decision by filing a Notice

of Appeal *ithin fifteen days from notice of denial of the motion for reconsideration or ne* trial" #he appellant

shall serve a copy of the notice of appeal on the adverse parties"

S#c$%o& 21.+i,uidation% partition and distribution% custody% support of common children and delivery of their presumptiveiegltimes.- >pon entry of the 5udgment granting the petition, or, in case of appeal, upon receipt of the entry of 5udgment of

the appellate court granting the petition, the .amily Court, on motion of either party, shall proceed *ith the li7uidation,

partition and distribution of the properties of the spouses, including custody, support of common children and delivery of

their presumptive legitimes pursuant to Articles &( and &% of the .amily Code unless such matters had been ad5udicated inprevious 5udicial proceedings"

S#c$%o& 22.Issuance of *ecree of *eclaration of !bsolute 'ullity or !nnulment of arriage./a0 #he court shall issue the

Decree after4

/%0 Registration of the entry of 5udgment granting the petition for declaration of nullity or annulment of

marriage in the Civil Registry *here the marriage *as celebrated and in the Civil Registry of the place*here the .amily Court is located4

/0 Registration of the approved partition and distribution of the properties of the spouses, in the proper

Register of Deeds *here the real properties are located4 and

/)0 #he delivery of the children's presumptive legitimes in cash, property, or sound securities"

/b0 #he court shall 7uote in the Decree the dispositive portion of the 5udgment entered and attach to the Decree the

approved deed of partition"

!2cept in the case of children under Articles )1 and &) of the .amily Code, the court shall order the ?ocal Civil

Registrar to issue an amended birth certificate indicating the ne* civil status of the children affected"

S#c$%o& 23.egistration and publication of the decree/ decree as best evidence. - /a0 #he prevailing party shall cause the

registration of the Decree in the Civil Registry *here the marriage *as registered, the Civil Registry of the place *here the

.amily Court is situated, and in the National Census and :tatistics ffice" @e shall report td the court compliance *ith this

re7uirement *ithin thirty days from receipt of the copy of the Decree"

/b0 6n case service of summons *as made by publication, the parties shall cause the publication of the Decree oncein a ne*spaper of general circulation"

/c0 #he registered Decree shall be the best evidence to prove the declaration of absolute nullity or annulment of

marriage and shall serve as notice to third persons concerning the properties of petitioner and respondent as *ell asthe properties or presumptive legitimes delivered to their common children"


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S#c$%o& 24.ffect of death of a party/ duty of the 0amily Court or !ppellate Court.- /a0 6n case a party dies at any stage ofthe proceedings before the entry of 5udgment, the court shall order the case closed and terminated, *ithout pre5udice to the

settlement of the estate in proper proceedings in the regular courts"

/b0 6f the party dies after the entry of 5udgment of nullity or annulment, the 5udgment shall be binding upon the

parties and their successors in interest in the settlement of the estate in the regular courts"

S#c$%o& 2'.ffectlvity.- #his Rule shall ta$e effect on March %&, (() follo*ing its publication in a ne*spaper of general

circulation not later than March +, (()"

Barcelona Case and Admin Matter

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Transcript of Barcelona Case and Admin Matter