REPUBLIC VS CA (MOLINA)
GR NO. 108763
FEB 13, 1997
DECLARATION OF NULLITY OF MARRIAGE
PSYCHOLOGICAL INCAPACITY
RORIDEL MOLINA: PETITIONER
REYNALDO MOLINA: RESPONDENT
WITH 1 SON, ANDRE MOLINA
RORIDEL CONTENTIONS:
HE IMMATURE AND IRRESPONSIBLE
HE SPENT MORE TIME WITH FRIENDS TO
WHOM WHERE HE SQUANDERED HIS MONEY
HE DEPENDS WITH HIS PARENTS
ASSISTANCE
HE IS NEVER HONEST WITH HIS WIFE WITH
FINANCES
HE LOSE JOB IN 1986, WIFE BECAME THE
SOLE BREAD WINNER
HE ABANDONED HIS FAMILY FEW WEEKS
AFTER WIFE RESIGNED FROM HER JOB AND
WENT TO BAGUIO
HE PSYCHOLOGICALLY INCAPABLE IN
COMPLYING ESSENTIAL MARITAL OBLIGATIONS
HAVE INCOMPATIBLE MARRIAGE FROM THE
START
REYNALDO CONTENTIONS:
THERE ARE FREQUENT
MISUNDERSTANDINGS AND QUARRELS
BETWEEN THEM
SHE STRANGELY WANTED TO MAINTAIN
SAME FRIENDS
SHE REFUSE TO PERFORM MARITAL DUTIES
(COOKING)
SHE FAILS TO RUN HOUSEHOLD AND
FINANCES.
RTC: VOID MARRIAGE
SEPARATED FOR MORE THAN 3 YEARS
WIFE DONT ASKED FOR CHILD SUPPORT
FROM HUSBAND
HUSBAND DONT ASK FOR ANY DAMAGES
CHILD IS IN THE CUSTODY OF THE WIFE
WIFE SUBMITTED DOCUMENTS SUPPORTING
CLAIM.
HUSBAND DIDNT SUBMIT ANY FOR HE ONLY
APPEARED DURING PRE-TRIAL CONFERENCE.VS
CA: VOID MARRIAGE
AFFIRMED RTC DECISION IN TOTO
WIFE APPEAL DENIED
SC: VALID MARRIAGE
CA DECISION WAS REVERSED AND SET ASIDE
SOLICITOR GENERAL: PETITIONER
CA COURT: RESPONDENT
SOLICITOR GENERAL CONTENTIONS:
ERRED DECISION & INCORRECT
APPLICATION OF THE TERM
PSYCHOLOGICAL INCAPACITY
THAT THE FACTS SAYS THAT THEIR
PROBLEM IS OPPOSING AND CONFLICTING
PERSONALITIES
THAT PSY INC IS A MENTAL OR BEHAVIOR
CONDUCT
THAT IT IS A DEFECT OF PSYCHOLOGICAL
NATURE.
SC OPINION:
CONTENTION IS MERITORIOUS
THERE IS IRRECONCILABLE DIFFERENCES
THERE IS CONFLICTING PERSONALITIES
THERES NO SIGN OF INCAPABILITY DUE
TO PSY INC
PSYCHIATRIST PROVIDES ONLY
INCOMPATIBILITY NOT PSYCHIATRIC
DISORDER
ART 36 OF FAMILY CODE:
1. BURDEN OF PROOF TO SHOW NULLITY
OF MRG
2. IDENTIFIED AS
a) MEDICALLY OR CLINICALLY
b) ALLEGED IN COMPLAINT
c) SUFFICIENTLY PROVEN BY EXPERTS
d) CLEARLY EXPLAINED IN DECISION
3. MUST BE PROVEN EXISTING AT THE
TIME OF THE CELEBRATION OF
MARRIAGE
4. MEDICALLY OR PERMANENTLY
INCURABLE AND PERMANENT
5. GRAVE ENOUGH TO BRING ABOUT
DISABILITY
6. ESSENTIAL MARITAL OBLIGATION
EMBRACED BY FAMILY CODE ART 68 TO
71
7. NATIONAL APPELLATE MATRIMONAL
TRIBUNAL OF CATOLIC CHURCH
SHOULD BE GIVEN RESPECT BY THE
COURT
 8. PROSECUTING ATTY OR FISCAL AND SHE, HER TWO SISTERS AND DRIVER WENT
SOLICITOR GENERAL MUST APPEAR ASTO HIM IN 1995 TO LOOK FOR THEIR MISSING
COUNSEL OF STATE SON, AND UPON KNOWING THE REASON OF
THE VISIT, HE RUN AFTER THEM WITH A
LEONEL SANTOS VS CA CASE: SAMURAI AND HE BEATS HER DRIVER
CHILDREN DESCRIBED FATHER TO BE
PSY INC MUST BE CHARACTERIZED AS: PHYSICALLY ABUSIVE AND CRUEL
1. GRAVITY (OF ILLNESS) SHE SUBMITTED HERSELF TO
2. JURIDICAL ANTECEDENCE (HISTORY)PSYCHOLOGIST WHILE HE DID NOT.
3. INCURABILITY (OF ILLNESS)
RTC: VOID MARRIAGE
UNABLE TO PERFORM HIS MARITAL
OBLIGATIONS DUE TO:
FAILURE TO FIND WORK
SUPPORT FAMILY
VIOLENT ATTITUDE
MARCOS VS MARCOS
GR NO. 136490
CA: VALID MARRIAGE
OCT 19, 2000
RTC DECISION WAS REVERSED AND SET
ASIDE
DECLARATION OF NULLITY OF MARRIAGE
IT DOES NOT SATISFY ART 36 OF FAMILY
PSYCHOLOGICAL INCAPACITY
CODE
BRENDA MARCOS: PETITIONER
SC: VALID MARRIAGE
WILSON MARCOS: RESPONDENT
AFFIRMED CA DECISION
WITH 5 CHILDREN
THE TOTALITY OF EVIDENCE
MARRIED TWICE
(TESTIMONIES OF CHILDREN, SISTERS
AND WORKERS) PRESENTED IS NOT
BRENDA CONTENTIONS:
ENOUGH TO SUSTAIN PSY INC
BOTH OF THEM ARE THE ESCORT AND
HIS DEFECTS DOESNT APPEAR TO BE
PERSONAL GUARD OF PRESIDENT MARCOS
PRESENT IN THE INCEPTION OF MRG
FAMILY.
AND INCURABLE
THAT AFTER THE DOWNFALL OF MARCOSES,
HIS UNGAINFUL EMPLOYMENT FOR 6
HE WAS ENGAGED IN DIFFERENT BUSINESS
YEARS IS THE BEGINNING OF HIS
VENTURE BUT ALWAYS FAIL- JOBLESS
IRRESPONSIBLENESS AND ABUSIVE
FREQUENT QUARREL TOOK PLACE BECAUSE
BEHAVIOR
OF HIS UNEMPLOYMENT RESULTING TO
HE IS EMPLOYED AS TAXI DRIVER
PHYSICAL ABUSE
IT DOESNT FOLLOW THE GUIDELINES
HE FORCE HIS WIFE TO HAVE SEX
OF MOLINA CASE:
HE BEATS HIS CHILDREN EVEN IN LIGHT
MISTAKES
ART 36 OF FAMILY CODE:
BOTH LIVED SEPARATELY IN 1992 (10 YEARS
AFTER MRG)
9. BURDEN OF PROOF TO SHOW NULLITY
SHE NEVER LET HIM STAY IN THEIR HOUSE
OF MRG
(SHE OWNS THE HOUSE) AND ONCE, WHEN 10.IDENTIFIED AS
SHE SAW HIM THERE, SHE GOT ANGRY e) MEDICALLY OR CLINICALLY
RESULTING FOR HIM TO INFLICT INJURIES TO f) ALLEGED IN COMPLAINT
HER AND TO HER MOTHER g) SUFFICIENTLY PROVEN BY EXPERTS
SHE LEFT THE HOUSE ON THE FF DAY AND h) CLEARLY EXPLAINED IN DECISION
LIVED IN HER SISTERS HOUSE 11.MUST BE PROVEN EXISTING AT THE
SHE HAD MEDICAL CHECK UP DUE TO THE TIME OF THE CELEBRATION OF
INJURIES, WHICH RESULT IS CONTUSIONS MARRIAGE
 12.MEDICALLY OR PERMANENTLY BOTH WENT FOR MEDICAL EXAMINATION
INCURABLE AND PERMANENT WHERE IT SHOWS THAT WIFE IS A VIRGIN, AND
13.GRAVE ENOUGH TO BRING ABOUT HUSBAND RESULTS WAS KEPT CONFIDENTIAL
DISABILITY NO TREATMENT FOR HER, HUSBAND WAS
14.ESSENTIAL MARITAL OBLIGATION ADVICED TO GO BACK BUT HE NEVER DID.
EMBRACED BY FAMILY CODE ART 68 TO HE IS IMPOTENT, CLOSET HOMOSEXUAL AS
71 SHE WASNT EVEN ABLE TO SEE HER PENIS
15.NATIONAL APPELLATE MATRIMONAL
HE USES HER MOTHERS EYEBROW PENCIL
TRIBUNAL OF CATOLIC CHURCH
AND CLEANSING CREAM
SHOULD BE GIVEN RESPECT BY THE
HE MARRIED HER, A FILIPINO CITIZEN TO
COURT
ACQUIRE RESIDENCY STATUS IN THE PH
16.PROSECUTING ATTY OR FISCAL AND
SOLICITOR GENERAL MUST APPEAR AS
CHI MING TSOI CONTENTIONS:
COUNSEL OF STATE
HE LOVES HER VERY MUCH
HE HAS NO DEFECT AND PSYCHOLOGICALLY
PSY INC MUST BE CHARACTERIZED AS:
CAPABLE
4. GRAVITY (OF ILLNESS)
5. JURIDICAL ANTECEDENCE (HISTORY) THE RELATIONSHIP IS YOUNG AND IS
6. INCURABILITY (OF ILLNESS) RECONCILABLE
HIS ATTEMPT OF SEXUAL INTERCOURSE WAS
ALWAYS BEING AVOIDED BY HIS WIFE, AND
WHENEVER HE CARRESS HER PRIVATE PARTS,
SHE REMOVES HIS HANDS
HE EVEN FORCED HER WIFE TO HAVE SEX
BUT SHE WAS SHAKING THAT IS WHY HE
STOPPED
ACCDG TO PHYSICAL EXAMINATION, HE IS
NOT IMPOTENT AND CAPABLE OF ERECTION

CHI MING TSOI VS CA RTC: VOID MARRIAGE

GR NO 119190
JAN 16, 1997
ANNULMENT OF MARRIAGE
PSYCHOLOGICAL INCAPACITY
GINA LAO-TSOI: PETITIONER
CHI MING TSOI: RESPONDENT
GINA CONTENTIONS:
AFTER THE MARRIAGE, HER HUSBAND
SLEPT WITH HER IN ONE BED BUT CONTRARY
TO HER EXPECTIATIONS, HE TURNED HIS BACK
AT HER, AND WENT TO SLEEP. NO SEXUAL
INTERCOURSE OCCURRED
IN THEIR SUPPOSSEDLY PRIVATE
HONEYMOON IN BAGUIO, HE INVITED HER
MOTHER, AN UNCLE, HIS MOTHER AND A
NEPHEW, AGAIN NO SEXUAL INTERCOURSE.
1988 TO 1989 AS HUSBAND AND WIFE,
THEY NEVER HAD ANY SEXUAL INTERCOURSE
CA: VOID MARRIAGE
SC: VOID MARRIAGE
AFFIRMED THE CA DECISION DENIED DUE TO
LACK OF MERIT
CHI MING TSOI: PETITIONER
CA AND GINA LAO TSOI: RESPONDENT
CHI MING TSOI CONTENTIONS:
CA ERRED IN AFFIRMING CONCLUSIONS
OF RTC W/OUT FINDING FACTS
ABSENCE OF PROOF OF PSY INC OF SEX
REFUSAL
REFUSAL OF BOTH PARTIES IS PSY INC
INSTEAD
AFFIRMING ANNULMENT OF RTC W/OUT
SATISFYING THE EXISTENCE OF
COLLUSION OF BOTH PARTIES
SC OPINION:
CONTENTION BEREFT MERIT
 HE ADMITTED THAT THERE IS NO
SEXUAL INTERCOURSE BETWEEN 1988
TO 1989
HE NEVER TRIED TO FIND OUT THE
PROBLEM OF HIS WIFES REFUSAL OF YMCA AND HER FLIRTATIOUSNESS RECURRED
SEX
HE NEVER WENT TO COURT TO SEEK
DECLARATION OF NULLITY OF MRG
HE HAS SERIOUS PERSONALITY
DISORDER
THERE IS ABSENCE OF EMPATHY TO
BOTH
SHE HAVE AN ILLEGITIMATE SON
FIRST YEAR OF MRG , RELATIONSHIP WENT
WELL
SHE BECAME AN AEROBICS INSTRUCTOR AT
SHE WORE TIGHT-FITTING OUTFITS,
INTRODUCE SELF AS SINGLE, RECEIVES PHONE
CALLS FROM DIFF MEN
ONCE, SHE WENT HOME LATE AND WAS
KISSED BY A DIFF MAN
SHE EVEN REFUSE TO HAVE CHILD WITH
HIM BC IT WILL CHANGE HER FIGURE
HE THEN LEFT HER AND NEVER
RECONCILED WITH HER.
SHE HAS LACK OF UNDERSTANDING AND
APPRECIATION IN THE CONCEPT OF MRG

NILDA CONTENTIONS:
HE KNOWS SHE HAVE AN ILLEGITIMATE
CHILD YET HE CONTINUED COURTING HER AND
EVEN MARRY HER
HE WAS THE ONE LINKED WITH OTHER
WOMEN
HE KEEPS HIS EARNINGS FOR HIMSELF
HE PHYSICALL ABUSE HER
SHE WORKED TO SUPPORT HER NEEDS, AND
ONLY TEACHES FEMALE STUDS, PRESENTED
CERTIFICATION
SHE CHARGED HIM CONCUBINAGE AGAINST
HIM AND A WOMAN NAMED LIBERTY LIM
PLDT STATEMENT ACCOUNT PRESENTED
SHOWING SHE USE HER MARRIED NAME

RTC: VOID MARRIAGE

DENIED MOTION FOR RECONSIDERATION
HE TESTIFIED WITH TELEPHONE DIRECTORY
SHOWING THAT SHE USES HER MAIDEN NAME
NAVALES VS NAVALES HE SUBMITTED VIOLETA ABALES, YMCA
GR NO. 167523
VENDOR, SAYING SHE IS KNOWN BY HER
JUN 27, 2008
MAIDEN NAME, SHE WEAR SEXY CLOTHES,
DECLARATION OF NULLITY OF MARRIAGE FREQUENTLY FLIRTS WITH MALES AND
PSYCHOLOGICAL INCAPACITY EVEN CHOSES OTHER MAN THAN HER
REYNALDO NAVALES: PETITIONER HUSBAND.
NILDA BACON NAVALES: RESPONDENT CLINICAL PSYCHOLOGIST STATED THAT
SHE IS A NYMPHOMANIAC, SUFFERING
REYNALDO CONTENTIONS: FROM ANTI-SOCIAL PERSONALITY
SHE WORKS IN A LOCAL BAR AS A WAITRESS DISORDER AND INCURABLE
HE FINANCED HER STUDIES AFTER SHE QUIT
THE JOB CA: VOID MARRIAGE
SHE WAS FORCED BY HIS UNCLE TO MARRY
AN AMERICAN SO, HE MARRY HER IMMEDIATELY SC: VALID MARRIAGE
 REVERSED AND SET ASIDE CA, CASE OF BIGAMY
GRANTED PETITION SOLICITOR GENERAL: PETITIONER
NILDA BACON NAVALES: PETITIONER ARTURO MENDOZA: RESPONDENT
REYNALDO NAVALES: RESPONDENT
MENDOZA CONTENTIONS:
NILDA CONTENTIONS: HE MARRIED 3 DIFFERENT WOMEN
SHE IS NOT PSYCHOLOGICAL FIRST MARRIAGE IS A VALID MARRIAGE
INCAPACITATED TO COMPLY MARITAL SECOND MARRIAGE IS NULL AND VOID
OBLIGATIONS AS WIFE
BECAUSE IT WAS CELEBRATED WHILE HE WAS
PSY INC IF EXISTING, IS NOT
STILL MARRIED WITH THE FIRST WIFE
INCURABLE OR PERMANENT AND IS THIRD MARRIAGE IS VALID
NOT EXISTING AT THE TIME OF THE
THERE IS NO CRIME OF BIGAMY BECAUSE
CELEBRATION OF MRG
SECOND MARRIAGE IS NULL, AND THIRD
SHE IS NOT NYMPHOMANIAC
MARRIAGE TOOK PLACE AFTER FIRST WIFE
SHE IS CONCIOUSLY PRESERVING AND
DIED.
CONTINUE THAT MRG IS INVIOLABLE
MOLINA CASE IS NOT FOLLOWED SOLICITOR GENERAL CONTENTIONS:
STRICTLY EVEN IF SECOND MARRIAGE IS VOID, HE IS
NOT EXEMPT WITH CRIMINAL OFFENSE DUE
SC OPINION:
JUDICIAL ANNULMENT ABSENCE BEFORE
ART 48 IS NOT FOLLOWED: NO SECOND MARRIAGE TOOK PLACE.
APPEARANCE AND ACTIVE
PARTICIPATION OF STATE THROUGH COURT DECISION:
FISCAL AND FISCAL ATTY. SUBSEQUENT MARRIAGE DURING LIFETIME
REYNALDOS EVIDENCES IS
OF FIRST SPOUSE IS ILLEGAL AND VOID BUT
INSUFFICIENT JUDICIAL DECREE IS NOT NECESSARY TO
REYNALDOS STATEMENT THAT ESTABLISH INVALIDITY, THUS FIRST AND
MARRIAGE WENT WELL ON THE FIRST SECOND MARRIAGE DEFENSE IS APPLICABLE
YEAR, IS A PROOF THAT THE PROBLEM
JUDGEMENT FOR CRIMINAL OFFENSE IS
DIDNT NOT OCCUR AT THE TIME OFREVERSED, AND MENDOZA WAS ACQUITTED
CELEBRATION OF MARRIAGE WITH COST DE OFFICIO.
TELEPHONE LISTING PRESENTED BY
REYNALDO IS FOR YEAR 1993 TO 1995
SEPARATE OPINION: DISSENTING
AFTER HE LEFT NILDA IN 1992 IT IS NOT THE SPOUSE WHO JUDGES WETHER OR
PSY INC REPORT SHOWS NO PROOF ON NOT MARRIAGE IS VOID. JUDGEMENT IS RESERVED
WHOM SHE HAD ILLICIT FOR COURTS.
RELATIONSHIP, VAGUE AND LACT OF
SUFFICIENT FACTUAL BASES, FAILS TO
PROVIDE THE ROOT CAUSE OF THE
FINDINGS THUS, IT LACK PROOFS TO
SAY THAT IT WILL AFFECT HER
ESSENTIAL MARITAL DUTIES.
REFUSAL OF PREGNANCY WAS NOT
SUPPORTED BY AN EFFICIENT PROOF

PEOPLE VS MENDOZA
GR NO. L-5877
PEOPLE VS ARAGON
SEP 28, 1954
GR NO. L-10016
FEB 28, 1957
CRIMINAL CASE WITH IMPRISONMENT
 AUG 19, 1986
CASE OF BIGAMY
SOLICITOR GENERAL: PETITIONER DECLARATION OF NULLITY OF MARRIAGE
PROCESO ARAGON: RESPONDENT SUBSEQUENT MARRIAGE
KARL HEINZ WIEGEL: PETITIONER
SOLICITOR GENERAL CONTENTIONS: LILIA OLIVIA WIEGEL: RESPONDENT
HE MARRIED HIS FIRST WIFE USING
ROSIMA AS HIS SURNAME NOT KARL HEINZ CONTENTIONS:
ARAGON. SHE IS MARRIED TO ANOTHER MAN NAMED
HE ENTERED THE SECOND MARRIEED EDUARDO MAXION
WHILE HE IS STILL MARRIED WITH HIS
FIRST WIFE, WHO LATER ON DIED. LILIA OLIVIA CONTENTIONS:
DUE TO THE SECOND WIFES ADMITTED THE FIRST MARRIAGE BUT
EYESIGHT PROBLEM CAUSE BY HIS CLAIMED THAT IT WAS NULL AND VOID DUE TO
MALTREATMENT, HE SENT HER TO FORCED MARITAL UNION
ILOILO TO UNDERGO A TREATMENT. THAT FIRST HUSBAND WAS ALREADY
AFTERWARDS, HE CONTRACTED MARRIED TO SOMEONE ELSE AT THE TIME OF
HIMSELF TO A THIRD MARRIAGE THEIR MARRIAGE IN 1972 IS PRESENTED
HIS DENIAL TO HIS SECOND MARRIAGE THROUGH AN EVIDENCE
DURING TRIAL LACKS MERIT DUE TO
EVIDENCES PRESENTED: MARRIAGECOURT DECISION: VOID MARRIAGE
WITNESS/SPONSOR, CERTIFICATE OF LILIA OLIVIA WIEGEL: PETITIONER
MARRIAGE, AND HIS SECOND WIFES ALICIA SEMPIO-DIY: RESPONDENT
PRECISE IDENTIFICATION OF HIM. VITIATED FORCE COMMITTED IN THE FIRST
MARRIAGE IS VOIDABLE NOT VOID
COURT DECISION: SINCE IT IS INDEED VOIDABLE, THE
SUBSEQUENT MARRIAGE DURING MARRIAGE WILL REMAIN VALID UNTIL
LIFETIME OF FIRST SPOUSE IS ILLEGAL ANNULLED, ART. 85
AND VOID BUT JUDICIAL DECREE IS NO ANNULMENT CASE HAS BEEN FILED
NOT NECESSARY TO ESTABLISH WHICH CONCLUDES THE SECOND MARRIAGE
INVALIDITY, THUS FIRST AND SECOND AS A SUBSEQUENT MARRIAGE AND IN THE EYES
MARRIAGE DEFENSE IS APPLICABLE OF LAW IS NULL AND VOID
JUDGEMENT FOR CRIMINAL OFFENSE
IS REVERSED, AND ARAGON WAS
ACQUITTED WITH COST DE OFFICIO

WIEGEL VS SEMPIO-DIY
GR NO. L-50703
ATIENZA VS BRILLANTES MEET MORAL FITNESS OF HIS LEGAL
AM NO. MTJ-92-706 PROFESSION.
MAR 29, 1995 HE MOCKED THE INSTITUTION OF
MARRIAGE, EMPLOYED TO COHABIT
ADMINISTRATIVE ACTION AGAINST GROSS WITH A WOMAN AND BEGET FIVE
IMMORALITY AND APPEARANCE OF CHILDREN FROM HER.
IMPROPRIETY ILLEGAL COHABITATION WITH DE
LUPO ALMODIEL ATIENZA: PETITIONER CASTRO
JUDGE FRANCISCO BRILLANTES: BRILLANTES IS DISMISSED FROM THE
RESPONDENT SERVICE WITH FORFEITURE OF ALL
LEAVE AND RETIREMENT BENEFITS
ATIENZA CONTENTIONS: AND PREJUDICE TO RE-APPOINTMENT
HE IS IN A RELATIONSHIP WITH
YOLANDA DE CASTRO, WITH 2
CHILDREN BUT NOT MARRIED
HE HAVE A HOUSE IN BEL-AIR MAKATI
WHERE DE CASTRO AND HIS CHILDREN
LIVES. HE BARELY STAY ON THE SAID
PLACE DUE TO HIS JOB LOCATION
CONFLICT
HE MET BRILLANTES WHEN HE FOUND
HIM ONCE SLEEPING IN HIS HOUSE
AND, SINCE THAT DAY FORWARD,
BRILLANTES PREVENTED HIM TO VISIT
HIS CHILDREN
THAT DE CASTRO AND BRILLANTES ARE
ALREADY MARRIED, AND IT IS
SUBSEQUENT TO THE LATTERS FIRST
MARRIAGE WITH ZENAIDA ONGKIKO
WITH 5 CHILDREN.

BRILLANTES CONTENTION:
HIS FIRST MARRIAGE WAS NULL AND
VOID DUE TO ABSENCE OF MARRIAGE
LICENSE
THAT HE MARRIED HIS FIRST WIFE
TWICE (1965, 1991) BUT BOTH W/OUT
MRG CERTIFICATES
ART 40 OR JUDICIAL DECLARATION OF
NULLITY OF MRG OF FAM CODE IS NOT
APPLICABLE BC FAM CODE AFFECTS
1988 ONWARDS. HIS FIRST MARRIAGE
IS UNDER CIVIL CODE.

COURT DECISION:
ARTICLE 40 IS NOT APPLICABLE IN THE
CASE
ABSENCE OF TWO MARRIAGE LICENCE
OF FIRST MARRIAGE AND RE-MARRY,
PROVED THAT HE HAVE FAILED TO
 LACK OF CONSENT, AN ESSENTIAL
REQUIREMENT FOR VALID MARRIAGE
THE PARTIES HAS NO INTENT TO BE LEGALLY
BOUND AS HUSBAND AND WIFE.
OFFICE OF SOLICITOR GENERAL RAISED FOR
MOTION FOR RECONSIDERATION BUT WAS
DENIED BY RTC

CA: VOID AB INITIO MARRIAGE

SOLICITOR GENERAL: PETITIONER
LIBERTY ALBIOS: RESPONDENT

SOLICITOR GENERAL CONTENTIONS:

REPUBLIC VS ALBIOS
GR NO. 198780
OCT 16, 2013
VOID AB INTIO MARRIAGE
LACK OF CONSENT
LIBERTY ALBIOS: PETITIONER
DANIEL LEE FRINGER: RESPONDENT
ALBIOS CONTENTIONS:
AFTER MARRIAGE, SHE AND FRINGER NEVER
LIVED AS HUSBAND AND WIFE DUE TO LACK OF
INTENTION TO ENTER MARRIED LIFE AND TO
COMPLY WITH ESSENTIAL MARITAL
OBLIGATIONS.
THAT MARRIAGE IS MADE IN JEST (JOKE)
THEY GET MARRIED BECAUSE FRINGER
PROMISED HER THAT SHE WILL ACQUIRE
AMERICAN CITIZENSHIP IN EXCHANGE OF
$2,000.00
THAT THIS PETITION FOR NULLITY OF
MARRIAGE IS RAISED BECAUSE FRINGER NEVER
PROCESS HER PETITION DOCUMENTS FOR
AMERICAN CITIZENSHIP, AND SHE NEVER PAID
HIM THE $2,000.00
RTC: VOID AB INITIO MARRIAGE
CONSENT IS FREELY GIVEN
PARTIES KNOW THE MARRIAGE LOGICAL
CONSEQUENCES AND WILLING TO BE
BOUND WITH IT
PARTIES KNEW ITS BENEFITS AND
CONSEQUENCES
CONSENT CAN BE DISTINGUISHED BY
MOTIVE
MARRIAGE IS NOT MADE IN JEST
PARTIES INTENTIONALLY ENTER REAL AND
VALID MARRIAGE
SC: VALID MARRIAGE
BEREFT MERIT, GRANTED OSG PETITION,
ANNULLED AND DISMISS DECISION OF RTC
AND CA
SC OPINION:
IMMIGRATION MARRIAGE FRAUD
LIMITED PURPOSE MARRIAGE -
THE SOLE PURPOSE TO AVAIL
MARRIAGE IS FOR PARTICULAR
BENEFITS
EX: CHILD LEGITIMIZATION AND
IMMIGRATION
SHAM MARRIAGE NO INTENTION
TO ESTABLISH MARRIED LIFE
CONSENT IS FREELY GIVEN. EVIDENCE:
CONCIOUS PUROISE OF ACQUIRING
AMERICAN CITIZENSHIP, WILLINGLY
AND DELIBERATELY
CAPABLE TO UNDERSTAND THE
NATURE OF MARRIAGE, ITS BENEFICIAL
AND UNFAVORABLE CONSEQUENCES
REAL CONSENT, NOT DEFECTIVE TO
FOLLOWING VICES:
FRAUD
FORCE
INTIMIDATION
 UNDUE INFLUENCE
REAL AND VALID MARRIAGE, TO FULLY
COMPLY WITH THE REQUIREMENTS OF
APPLICATION OF CITIZENSHIP AND TO
LEGALLY ACCOMPLISH SUCH GOAL
MARRIAGE IS NOT JEST, BOTH HAS
INTENTION TO BE MARRIED AND HAS
CLEAR UNDERSTANDING THAT BOTH
OF THEM WILL BE BOUND TO A FAMILY
LIFE