respondents: HELEN VILLANUEVA and HONORABLE CORAZON JULIANO AGRAVA, Judge of the Juvenile and Domestic Relations Court PONENTE: Justice MAKASIAR G.R. No. L-23264 March 15, 1974 TOPICS: FACTS: Tolentino filed an annulment case against his wife, Villanueava. The judge issued subpoena in order to determine whether there is collusion between the parties. Tolentino refused to present his evidence as it will expose his evidence. The judge required Tolentino to appear in court in order to interrogate him for the same purposes; however, Tolentino did not appear. The court dismissed the case. ISSUE: WON the determination whether there is collusion is essential to the promulgation of annulment case. RULING: Yes. Articles 88 and 101 of the Civil Code of the Philippines expressly prohibit the rendition of a decision in suits for annulment of marriage and legal separation based on a stipulation of facts or by confession of judgment and direct that in case of non-appearance of defendant, the court shall order the prosecuting attorney to inquire whether or not collusion between the parties exists, and if none, said prosecuting attorney shall intervene for the State to prevent fabrication of evidence for the plaintiff. Opinion: I agree with the ruling. Tolentino was given considerable opportunity to prove his claim but he refused to take this opportunity. In effect, since the government is protecting the family as the basic and primary social institution, the court has no choice but to deny the annulment case instead of rendering judgment merely on the basis of default of the other party which may be easily facilitated.