- Petitioner
- Alain M. Diño
- Respondent
- Ma. Caridad L. Diño
- Citation
- G.R. No. 178044
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Carpio, J.
- Decided
- January 19, 2011
Summary
This Supreme Court case involves a petition for declaration of nullity of marriage under Article 36 of the Family Code based on psychological incapacity. Petitioner Alain Diño sought nullity of his marriage to Ma. Caridad Diño, citing her psychological incapacity manifested through abandonment of marital obligations, infidelity, and violence. The trial court granted the petition based on expert testimony establishing respondent's incurable Narcissistic Personality Disorder and her subsequent actions of obtaining foreign divorce and remarrying. The primary issue before the Supreme Court was whether property liquidation under Article 147 of the Family Code must precede issuance of the nullity decree. The Supreme Court distinguished marriages declared void under Article 36 from those under Articles 40 and 45, ruling that Article 147 governs property relations through ordinary co-ownership rules, and that the nullity decree should issue immediately upon finality without awaiting property liquidation, which can proceed separately under Civil Code provisions.
Intellegal Wiki · Key Holding
Affirmed the declaration of nullity under Article 36 of the Family Code but modified the property ruling, holding that property relations in such void marriages are governed by co-ownership under Article 147, so the decree of absolute nullity issues upon finality without awaiting liquidation, which may proceed separately.
An editorially maintained summary of the rule this Supreme Court decision is cited for — not legal advice.