7/17/2019 ph vs melgar

http://slidepdf.com/reader/full/ph-vs-melgar 1/1

REPUBLIC VS MELGAR (2006)

• Petition for review on certiorari on CA decision | declaration of nullity of marriage

• PETITION GRANTE! CA decision "ET A"IE!

• CA decision # a$rmed RTC decision

• RTC decision # declared marriage null

FACTS

• %& 'arc( )*+, # Norma and Eulogio 'elgar were married in agu-an .c(urc(/

• )* August )**+ # Norma 0led for declaration of nullity of marriage due to Eulogio1s

-syc(ological inca-acity

• Immaturity2 alco(olism2 3ealousy2 maltreatment2 la4iness2 and a5andonment of family

since %& ec )*6,

• %7 8an )**& # RTC declared marriage null

• O"G 0led a--eal wit( CA2 saying evidence -resented was not enoug( to declare marriage

void under Art 9+ of t(e :C

ISSUE + RATIO:

;ON P"<C=O>OGICA> INCAPACIT< O: E?>OGIO I" IN T=E NAT?RE CONTE'P>ATE @< ART 9+ # NO

• In Re-u5lic vs CA and 'olina trial court must order -rosecuting attorney or "olGen to

a--ear as counsel for t(e "tate

• "tate did not actively -artici-ate in t(is caseB s(ould (ave 5een given o--ortunity to

-resent controverting evidence 5efore 3udgment

• Totality of evidence -resented 5y Norma is insu$cient to sustain 0nding of Eulogio 5eing

-syc(ologically inca-acitated• :ailed to esta5lis( condition was -resent at time of marriage

• No ot(er evidence to s(ow t(at Eulogio was not ful0lling (is marital o5ligations

• Court cannot -resume -syc(ological defect from Eulogio1s c(aracter and 5e(avior

HELD:

PETITION GRANTED. At best, Norma’s arguments are grounds for legal separation, not for declaration of

nullity of marriage under Art 36. CA decision affirming RTC decision is REVERSED and SET ASIDE.

Marriage is still VALID