This case has been cited 9 times or more.
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2012-02-22 |
PERLAS-BERNABE, J. |
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| In passing upon the sufficiency of the evidence raised in a demurrer, the court is merely required to ascertain whether there is competent or sufficient proof to sustain the judgment.[19] Being considered a motion to dismiss, thus, a demurrer to evidence must clearly be filed before the court renders its judgment. | |||||
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2009-12-15 |
BRION, J. |
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| Grave abuse of discretion may arise when a lower court or tribunal violates or contravenes the Constitution, the law or existing jurisprudence.[10] As will be discussed in greater detail below, the RTC decision dismissing Metrobank's petition was patently erroneous and clearly contravened existing jurisprudence. For this reason, we cannot fault Metrobank for resorting to the filing of a petition for certiorari with the CA to remedy a patent legal error in the hope of obtaining a speedy and adequate remedy. | |||||
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2008-04-16 |
CORONA, J. |
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| In this case, although petitioner was able to establish his immaturity, as evidenced by the psychological report and as testified to by him and Dr. Dayan, the same hardly constituted sufficient cause for declaring the marriage null and void on the ground of psychological incapacity. It had to be characterized by gravity, juridical antecedence and incurability.[6] | |||||
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2007-10-19 |
AUSTRIA-MARTINEZ, J. |
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| A- I could recommend that they have their marriage annulled because it will only be sufferings from (sic) both of them because on the part of Mrs. Tongol, it is one that is more or less permanent and Mr. Tongol is also suffering from some depression, Sir.[12] The Court can only gather from the foregoing explanations of Dr. Villegas that as a child, Filipinas had always felt rejected, especially by her mother; that she never got rid of those feelings of rejection even when she became an adult and got married; that her fits of jealousy and temper tantrums, every time she sees her husband having a good interaction with their employees, are ways of coping up with her feelings of rejection. However, Dr. Villegas failed to link respondent's personality disorder to her conclusion that respondent is psychologically incapacitated to perform her obligations as wife and mother. The Court cannot see how respondent's personality disorder which, according to Dr. Villegas, is inextricably linked to her feelings of rejection, would render her unaware of the essential marital obligations, or to borrow the terms used in Santos, "to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage." What has been established in the instant case is that, by reason of her feelings of inadequacy and rejection, respondent not only encounters a lot of difficulty but even refuses to assume some of her obligations towards her husband, such as respect, help and support for him. However, this Court has ruled that psychological incapacity must be more than just a "difficulty," a "refusal" or a "neglect" in the performance of some marital obligations.[13] As held in Santos:There is hardly any doubt that the intendment of the law has been to confine the meaning of "psychological incapacity" to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage. This psychologic condition must exist at the time the marriage is celebrated.[14] | |||||
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2007-08-02 |
SANDOVAL-GUTIERREZ, J. |
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| In Carating-Siayngco v. Siayngco,[56] the wife's inability to conceive led her husband to other women so he could fulfill his ardent wish to have a child of his own flesh and blood. This Court ruled that this is not a manifestation of psychological incapacity in the contemplation of the Family Code. In Choa v. Choa,[57] this Court declared that a mere showing of irreconcilable differences and conflicting personalities does not constitute psychological incapacity. And, again, in Iyoy,[58] a Filipina left her husband, married an American and had a family by him, which she flaunted to her former husband. This Court ruled that these acts, while embarrassing and hurting to the latter, did not satisfactorily establish a serious or grave psychological or mental defect of an incurable nature present at the time of marriage; and that irreconcilable differences, conflicting personalities, emotional immaturity, and irresponsibility, physical abuse, habitual alcoholism, sexual infidelity or perversion, and abandonment per se do not warrant a finding of psychological incapacity under Article 36. | |||||
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2007-07-27 |
NACHURA, J. |
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| Generally, interlocutory orders are neither appealable nor subject to certiorari proceedings.[22] Though interlocutory in character, an order denying a demurrer to evidence may be the subject of a certiorari proceeding, provided the petitioner can show that it was issued with grave abuse of discretion; and that appeal in due course is not plain, adequate or speedy under the circumstances.[23] It must be stressed that a writ of certiorari may be issued only for the correction of errors of jurisdiction or grave abuse of discretion amounting to lack or excess of jurisdiction, not errors of judgment. Where the issue or question involves or affects the wisdom or legal soundness of the decision not the jurisdiction of the court--the same is beyond the province of a petition for certiorari.[24] | |||||
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2007-04-13 |
QUISUMBING, J. |
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| (8) The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state. No decision shall be handed down unless the Solicitor General issues a certification, which will be quoted in the decision, briefly stating therein his reasons for his agreement or opposition, as the case may be, to the petition...[8] In the present case, the spouses' frequent squabbles and respondent's refusal to sleep with petitioner and be supportive to him do not constitute psychological incapacity. The records show that petitioner and respondent were living in harmony in the first few years of their marriage, which bore them four children. Psychological incapacity must be more than just a "difficulty," "refusal" or "neglect" in the performance of some marital obligations,[9] it is essential that they must be shown to be incapable of doing so, due to some psychological illness[10] existing at the time of the celebration of the marriage. | |||||
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2005-11-15 |
YNARES-SANTIAGO, J. |
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| Having ruled that the RTC of Makati City has jurisdiction, we find that no grave abuse of discretion can be imputed against respondent Judge Panganiban for allowing the formal amendment of the informations. We have previously ruled that grave abuse of discretion may arise when a lower court or tribunal violates or contravenes the Constitution, the law or existing jurisprudence.[18] By grave abuse of discretion is meant, such capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction. The abuse of discretion must be grave as where the power is exercised in an arbitrary or despotic manner by reason of passion or personal hostility and must be so patent and gross as to amount to an evasion of positive duty or to a virtual refusal to perform the duty enjoined by or to act at all in contemplation of law.[19] | |||||
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2005-06-09 |
YNARES-SANTIAGO, J. |
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| A demurrer to evidence is defined as "an objection by one of the parties in an action, to the effect that the evidence which his adversary produced is insufficient in point of law, whether true or not, to make out a case or sustain the issue".[16] The party demurring challenges the sufficiency of the whole evidence to sustain a verdict.[17] In passing upon the sufficiency of the evidence raised in a demurrer, the court is merely required to ascertain whether there is competent or sufficient proof to sustain the indictment or to support a verdict of guilt.[18] | |||||