This case has been cited 3 times or more.
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2015-02-18 |
MENDOZA, J. |
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| In 2010, this court voided the marriage in Camacho-Reyes v. Reyes[36] discussing that "[t]he lack of personal examination and interview of the respondent, or any other person diagnosed with personality disorder, does not per se invalidate the testimonies of the doctors [and] [n]either do their findings automatically constitute hearsay that would result in their exclusion as evidence."[37] | |||||
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2015-02-18 |
MENDOZA, J. |
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| Since Ngo Te, it appears that only the parties in Azcueta v. Republic,[69] Halili v. Santos-Halili,[70] Camacho-Reyes v. Reyes,[71] and Aurelio v. Aurelio[72] obtained a decree of nullity of their marriage under Article 36. | |||||
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2015-01-14 |
BERSAMIN, J. |
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| The findings of the Regional Trial Court (RTC) on the existence or non-existence of a party's psychological incapacity should be final and binding for as long as such findings and evaluation of the testimonies of witnesses and other evidence are not shown to be clearly and manifestly erroneous.[12] In every situation where the findings of the trial court are sufficiently supported by the facts and evidence presented during trial, the appellate court should restrain itself from substituting its own judgment.[13] It is not enough reason to ignore the findings and evaluation by the trial court and substitute our own as an appellate tribunal only because the Constitution and the Family Code regard marriage as an inviolable social institution. We have to stress that the fulfilment of the constitutional mandate for the State to protect marriage as an inviolable social institution[14] only relates to a valid marriage. No protection can be accorded to a marriage that is null and void ab initio, because such a marriage has no legal existence.[15] | |||||