TO : A, Paralegal

FROM : Atty. Vanne Christine A. Angus

SUBJECT : Paternity in a declaration of nullity of marriage

DATE : February 1, 2017

STATEMENT OF ASSIGNMENT:

I am assigned in an annulment case involving the question whether she could ask for

regular support and if she had to undergo DNA test so that her husband will give support.

ISSUE:

In this case, under rights and obligations of the husband and wife, and Paternity and

Filiation in the Family code, can the wife ask for regular support from the husband even if she had

to undergo DNA test?

Is sexual infidelity considered psychological incapacity as grounds for nullity of marriage?

BRIEF ANSWER:

Yes, Annie can ask for regular support from the husband even if she had to undergo DNA

test since they are not yet legally separated or annulled.

No, sexual infidelity is not considered psychological incapacity as grounds for nullity of

marriage.

STATEMENT OF FACTS

The parties got married sometime January 5, 2011. Around one week after their

marriage, being an Overseas Filipino worker. Antonio came home sometime in July 2012 for a

one-month vacation. After a month, Annie discovered that she was pregnant. Antonio went home

when Annie gave birth to their daughter. After he left again for abroad, their communication was
still regular and he sent her regular monthly support but sometime February 2014, he stopped

sending regular support and did not contact her for a month.

She was surprised that in June 2014, she received a summons for a petition for

declaration of nullity of marriage filed by her husband on the ground of psychological incapacity.

One of the bases for psychological incapacity was that she was an unfaithful wife, that she got

pregnant from another man and that the child was not his. One of his prayers in the petition was

for the court to direct petitioner to undergo DNA test.

According to Mrs. delos Reyes, it was not true that she was unfaithful to her husband and

was 100% sure that he was the father of her daughter. She wants to know if she could ask for

regular support and if she had to undergo DNA test so that her husband will give support.

ANALYSIS/CONCLUSION/RECOMMENDATION

On the issues raised, First, Under Article 111, The husband is responsible for the support

of the wife and the rest of the family. Unless, there be a valid legal separation or declaration of

nullity of marriage, which in this case, has not yet come to finality. Also, Art. 255 states that

Children born after one hundred and eighty days following the celebration of the marriage, and

before three hundred days following its dissolution or the separation of the spouses shall be

presumed to be legitimate. Against this presumption no evidence shall be admitted other than that

of the physical impossibility of the husbands having access to his wife within the first one

hundred and twenty days of three hundred, which preceded the birth of the child. The child was

clearly born one year after their marriage. Even being an overseas worker, Antonio went home for

a month vacation, and from that vacation was the discovery of Annas pregnancy. Therefore, the

Antonio is still obliged to support his wife and children even after the time Anna should undergo
DNA test and that their daughter is presumed a legitimate child, in which, the the spouses are

obliged to give support.

Second, sexual infidelity is not considered psychological incapacity as grounds for

annulment under Article 36, of the Family code. As cited in the case of Republic v. Cabantug-

Baguio, G.R. No. 171042, June 30, 2008) The term psychological incapacity to be a ground for

the nullity of marriage under Article 36 of the Family Code, refers to a serious psychological

illness afflicting a party even before the celebration of marriage. Hence, the petition for annulment

of marriage must be considered void.

In view of Annas request, she may pray for the annulment case to be void, and oblige her

husband, Antonio to continue to support her and their daughter.