Republic of the Philippines

SUPREME COURT DOCKET

Manila

THIRD DIVISION

G. R. No . 136490 В В В В В В В October 19, 2000

BRENDA B. MARCOS, В petitioner, В

vs .

PAT G. MARCOS, В respondent.

M E C I T I Um N

PANGANIBAN, В J.:

Mental incapacity, being a ground pertaining to declaring the nullity of your marriage, might be established by the totality of evidence presented. There is no need, however , the fact that respondent must be examined with a physician or maybe a psychologist while aВ conditio sine qua nonВ for such declaration. The Case

Prior to us can be described as Petition to get Review onВ CertiorariВ under Rule forty five of the Guidelines of Court, assailing the July 24, 1998 Decision1В of the Courtroom of Is of interest (CA) in CA-GR CV No . 55588, which disposed as follows: " WHEREFORE, the contested decision is set besides and the relationship between the parties is hereby declared valid. " two Also challenged by petitioner is the Dec 3, 1998 CA Resolution denying her Motion pertaining to Reconsideration. Before, the Local Trial The courtroom (RTC) had ruled as a result:

" WHEREFORE, the marriage between petitioner Brenda B. Marcos and respondent Wilson G. Marcos, solemnized on Sept 6, 1982 in Pasig City is definitely declared null and voidВ ab initioВ pursuant to Art. thirty-six of the Friends and family Code. The conjugal properties, if virtually any, is blended [sic] relative to Articles 126 and 129 of the same Code in relation to Content 50, fifty-one and 52 relative to the delivery with the legitime of [the] parties' children. Ideal and wellbeing of the slight children, all their custody is granted to petitioner be subject to the visiting rights of respondent. " Upon finality of this Decision, furnish backup each to my workplace of the Civil Registrar of Pasig Town where the relationship was solemnized, the Countrywide Census and Statistics Business office, Manila as well as the Register of Deeds of Mandaluyong Metropolis for their suitable action consistent with this Decision. " THEREFORE ORDERED. "

The Facts

The important points as discovered by the Courtroom of Appeals are as follows:

" It was established during the trial that the parties had been married 2 times: (1) in September 6th, 1982 that has been solemnized by Judge Eriberto H. Mente at the City and county Court of Pasig (Exh. A); and (2) on May 8, 1983 which was solemnized by Revolution. Eduardo D. Eleazar, Control Chaplain, in the Presidential Reliability Command Chapel in MalacaГ±ang Park, Manila (Exh. A-1). Out of their marriage, five (5) children had been born (Exhs. B, C, D, Elizabeth and F). " Appellant Wilson G. Marcos signed up with the Military of the Korea in 1973. Later on, having been transferred to the Presidential Protection Command in MalacaГ±ang through the Marcos Routine. Appellee Brenda B. Marcos, on the other hand, signed up with the Women's Auxilliary Corps under the Philippine Air Force in the late 70s. After the Edsa Revolution, they are all sought a discharge through the military support. " They will first achieved sometime in 80 when both of them were assigned at the MalacaГ±ang Palace, the lady as a great escort of Imee Marcos and this individual as a President Guard of President Ferdinand Marcos. Through telephone conversations, they started to be acquainted and eventually became sweethearts. " After their marital life on Sept 6, 1982, they lived at No. 1702 Daisy Road, Hulo Enjoyment, Mandaluyong, a housing device which the girl acquired in the Bliss Expansion Corporation when she was still single. " After the demise of Director Marcos, he left the military support in 1987 and then engaged in different business ventures that would not however succeed. As a partner, she usually urged him to look for operate so that youngsters would observe him, rather than her, while the head of the family and an excellent provider. As a result of his failure to engage in any gainful employment, they would typically quarrel and as a consequence, he would hit and beat her. He would possibly force her to have sex with him despite her weariness. He'd also inflict physical damage on their children for a moderate mistake and was thus severe in how he chastised them. Thus, for several times during their cohabitation, he would leave their house. In 1992, they...

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