Legal Technique and Logic

Assignment 2
Deadline: February 21, 2020, 11:59PM
Directions:
 Make a trial memorandum based on your assigned class number. Those with
even numbers will be counsels for Petitioner Convulción and those with odd
numbers for Respondents Cometa and the Republic.
 Name your .doc/.docx files in the following manner: Surname, First Name,
Assignment number, Section
*This is a slightly modified version of the facts of a decided case, which will be revealed only after
you passed your trial memoranda.

Gabby Convulción and Sharon Cometa were schoolmates at the New Era University
where they both took up Law. Gabby courted Sharon and became sweethearts after a
few years.

Sharon was very shy when around Gabby’s family. Gabby decided to bring her closer
to them by always inviting Sharon to attend family gatherings and other festive
occasions. Sharon tried to avoid Gabby’s invitations. If ever she attended such
occasions, Sharon was aloof or snobbish. She never tried to get close to any of Gabby’s
family members. Gabby confronted Sharon about her attitude towards his family and
she promised to change, but she never did.

Gabby tried to break up with Sharon, but Sharon refused and offered to accept Gabby’s
relationship with another woman. They continued to see each other on a friendly basis.

While they tried to keep their meetings friendly, Gabby and Sharon had several
romantic encounters. Gabby took these trysts casually since Sharon did not ask
anything from him except his company. Later, Sharon informed Gabby that she was
pregnant with his child. Gabby reluctantly agreed to marry Sharon upon the prodding
of his mother. Gabby and Sharon were immediately wed the Presiding Judge of the
Metropolitan Trial Court of Manila.

After the wedding, Gabby and Sharon lived in Gabby’s house in Manila. Sharon
remained aloof and did not exert any effort to endear herself to Gabby’s family. Sharon
never contributed to the family’s finances leaving Gabby to shoulder all their expenses.
She refused to have sex with Gabby.

Despite Sharon’s claim of being with child, Gabby never observed any symptom of
pregnancy in her. Even her officemates saw no such signs after being asked by Gabby.
Sharon did not go home for a day, and when she came home she announced to Gabby
and his family that she had a miscarriage.

Gabby confronted her about her alleged miscarriage. It became an intense altercation
that woke up the entire house. Gabby’s mother tried to mediate but Sharon shouted
“Putang ina nyo, wag kayo makialam” at her. Because of this, Gabby’s mother asked them
to leave her house. Sharon called her parents and asked them to pick her up. Sharon left
Gabby’s house and did not come back anymore. Gabby tried to communicate with
Sharon but nobody in Sharon’s house wanted to talk to him and she rejected his phone
calls.

After nearly two years of marriage, Gabby filed a petition for declaration of nullity of
marriage with the RTC of Manila. Despite summons, Sharon did not participate in the
proceedings.

The RTC rendered a decision in favor of Gabby and declared their marriage void under
Article 36 of the Family Code. It found that Sharon failed to perform the essential
marital obligations of marriage due to a personality disorder called Narcissistic
Personality Disorder.

On appeal by the OSG, the CA reversed the decision of the RTC. It held that Gabby
failed to establish, above all, that Sharon’s alleged Narcissistic Personality Disorder was
the psychological incapacity contemplated by law and that it was permanent and
incurable.

Gabby now comes before the Supreme Court to have the CA decision reversed and the
RTC decision reinstated. He filed the instant petition against Sharon and the Republic.