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Aurelio (MJ) failed to meet the standards set by the Court for the interpretation and
Syllabus Topic : Procedure in actions for declaration of nullity, No Motion to implementation of Article 36 of the Family Code.
Dismiss
RTC denied the petition. CA affirmed.
FACTS :
Before this Court is a petition for review on certiorari, under Rule 45 of the Rules of ISSUE : Whether or not the marriage shall be declared null and void?
Court, seeking to set aside the October 6, 2005 Decision and October 26, 2006
Resolution, of the Court of Appeals (CA), in CA-G.R. SP No. 82238. HELD / RATIO : Petition denied. Marriage is null and void.
Petitioner Danilo A. Aurelio and respondent Vida Ma. Corazon Aurelio were married First, contrary to petitioner’s assertion, this Court finds that the root cause of
on March 23, 1988. They have two sons, namely: Danilo Miguel and Danilo Gabriel. psychological incapacity was stated and alleged in the complaint. We agree with
the manifestation of respondent that the family backgrounds of both petitioner
On May 9, 2002, respondent filed with the Regional Trial Court (RTC) of Quezon and respondent were discussed in the complaint as the root causes of their
City, Branch 94, a Petition for Declaration of Nullity of Marriage. In her petition, psychological incapacity. Moreover, a competent and expert psychologist clinically
respondent alleged that both she and petitioner were psychologically identified the same as the root causes.
incapacitated of performing and complying with their respective essential marital
obligations. In addition, respondent alleged that such state of psychological Second, the petition likewise alleged that the illness of both parties was of such
incapacity was present prior and even during the time of the marriage ceremony. grave a nature as to bring about a disability for them to assume the essential
Hence, respondent prays that her marriage be declared null and void under Article obligations of marriage. The psychologist reported that respondent suffers from
36 of the Family Code. It alleged among others that said psychological incapacity Histrionic Personality Disorder with Narcissistic Features. Petitioner, on the other
was manifested by lack of financial support from the husband; his lack of drive hand, allegedly suffers from Passive Aggressive (Negativistic) Personality
and incapacity to discern the plight of his working wife. The husband exhibited Disorder. The incapacity of both parties to perform their marital obligations was
consistent jealousy and distrust towards his wife. His moods alternated between alleged to be grave, incorrigible and incurable.
hostile defiance and contrition. He refused to assist in the maintenance of the
family. Lastly, this Court also finds that the essential marital obligations that were not
complied with were alleged in the petition. As can be easily gleaned from the
On the side of the wife on the other hand, is effusive and displays her feelings totality of the petition, respondent’s allegations fall under Article 68 of the Family
openly and freely. Her feelings change very quickly – from joy to fury to misery to Code which states that “the husband and the wife are obliged to live together,
despair, depending on her day-to-day experiences. Her tolerance for boredom was observe mutual love, respect and fidelity, and render mutual help and support.”
very low. She was emotionally immature; she cannot stand frustration or
disappointment. She cannot delay to gratify her needs. She gets upset when she On the topic of No Motion to Dismiss
cannot get what she wants. Self-indulgence lifts her spirits immensely. Their
hostility towards each other distorted their relationship. Their incapacity to accept [SECOND ISSUE OF THE CASE] WHETHER OR NOT THE COURT OF APPEALS
and fulfill the essential obligations of marital life led to the breakdown of their VIOLATED THE APPLICABLE LAW AND JURISPRUDENCE WHEN IT DENIED
marriage. PETITIONERS ACTION FOR CERTIORARI DESPITE THE FACT THAT THE DENIAL
OF HIS MOTION TO DISMISS BY THE TRIAL COURT IS PATENTLY AND UTTERLY
On November 8, 2002, petitioner filed a Motion to Dismiss the petition. Petitioner TAINTED WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS
principally argued that the petition failed to state a cause of action and that it
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OF JURISDICTION; AND THAT APPEAL IN DUE COURSE IS NOT A PLAIN,
ADEQUATE OR SPEEDY REMEDY UNDER THE CIRCUMSTANCES.
Before anything else, it bears to point out that had respondents complaint been
filed after March 15, 2003, this present petition would have been denied since
Supreme Court Administrative Matter No. 02-11-10 prohibits the filing of a motion
to dismiss in actions for annulment of marriage. Be that as it may, after a
circumspect review of the arguments raised by petitioner herein, this Court finds
that the petition is not meritorious.
Seen in the footnotes : A.M. No. 02-11-10-SC (RE: PROPOSED RULE ON DECLARATION OF
ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES),
Section 7. Motion to Dismiss. - No motion to dismiss the petition shall be allowed, except on
the ground of lack of jurisdiction over the subject matter or over the parties; provided,
however, that any other ground that might warrant a dismissal of the case may be raised as
an affirmative defense in an answer.
Given the allegations in respondents petition for nullity of marriage, Court rules
that the RTC did not commit grave abuse of discretion in denying petitioners
motion to dismiss. By grave abuse of discretion is meant capricious and whimsical
exercise of judgment as is equivalent to lack of jurisdiction. Mere abuse of
discretion is not enough. It must be grave abuse of discretion as when the power is
exercised in an arbitrary or despotic manner by reason of passion or personal
hostility, and must be so patent and so gross as to amount to an evasion of a
positive duty or to a virtual refusal to perform the duty enjoined or to act at all in
contemplation of law. Even assuming arguendo that this Court were to agree with
petitioner that the allegations contained in respondents petition are insufficient
and that the RTC erred in denying petitioner’s motion to dismiss, the same is
merely an error of judgment correctible by appeal and not an abuse of discretion
correctible by certiorari.
CA properly dismissed petitioners petition. As a general rule, the denial of a
motion to dismiss, which is an interlocutory order, is not reviewable by certiorari.
Petitioners remedy is to reiterate the grounds in his motion to dismiss, as
defenses in his answer to the petition for nullity of marriage, proceed trial and, in
case of an adverse decision, appeal the decision in due time. The existence of that
adequate remedy removed the underpinnings of his petition for certiorari in the CA.
Petition is DENIED
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