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    Almelor vs. RTC

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    Apple Gee
    Manuel and Leonida were married for 11 years and had 3 children together. Leonida filed for annulment on the grounds that Manuel was psychologically incapacitated, citing that he was harsh, easily angered, and concealed that he was homosexual. The Court of Appeals upheld the trial court's ruling annulling the marriage. However, the Supreme Court ruled that concealment of homosexuality, not homosexuality itself, can be grounds for annulment. There was not enough evidence that Manuel was homosexual at the start of marriage and deliberately hid it from Leonida.

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    Almelor vs. RTC

    Uploaded by

    Apple Gee
    73 views1 page
    Manuel and Leonida were married for 11 years and had 3 children together. Leonida filed for annulment on the grounds that Manuel was psychologically incapacitated, citing that he was harsh, easily angered, and concealed that he was homosexual. The Court of Appeals upheld the trial court's ruling annulling the marriage. However, the Supreme Court ruled that concealment of homosexuality, not homosexuality itself, can be grounds for annulment. There was not enough evidence that Manuel was homosexual at the start of marriage and deliberately hid it from Leonida.

    Original Description:

    Almerol Vs. RTC

    Original Title

    Almelor vs. Rtc

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    Manuel and Leonida were married for 11 years and had 3 children together. Leonida filed for annulment on the grounds that Manuel was psychologically incapacitated, citing that he was harsh, easily angered, and concealed that he was homosexual. The Court of Appeals upheld the trial court's ruling annulling the marriage. However, the Supreme Court ruled that concealment of homosexuality, not homosexuality itself, can be grounds for annulment. There was not enough evidence that Manuel was homosexual at the start of marriage and deliberately hid it from Leonida.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    73 views1 page

    Almelor vs. RTC

    Uploaded by

    Apple Gee
    Manuel and Leonida were married for 11 years and had 3 children together. Leonida filed for annulment on the grounds that Manuel was psychologically incapacitated, citing that he was harsh, easily angered, and concealed that he was homosexual. The Court of Appeals upheld the trial court's ruling annulling the marriage. However, the Supreme Court ruled that concealment of homosexuality, not homosexuality itself, can be grounds for annulment. There was not enough evidence that Manuel was homosexual at the start of marriage and deliberately hid it from Leonida.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Manuel G. Almerol, petitioner vs.

    The Hon. Regional Trial Court of Las Piñas City, Branch 254, and Leonida T. Almelor, respondents.

    G.R. No. 179620


    August 26, 2008

    Facts: Petitioner and respondent got married and in their union bore 3 children. Both spouses are medical
    practitioners, petitioner being an anesthesiologist and the respondent a paediatrician. After 11 years of marriage
    respondent Leonida filed a petition with the RTC of Las Piñas City to annul her marriage with petitioner Manuel on
    the ground of the latter being psychologically incapacitated to perform his marital obligations. She also claimed that
    manuel is a harsh disciplinarian, unreasonably meticulous, easily angered, furthermore she claimed that Manuel
    concealed from her his homosexuality hence the assailed petition.

    Issue: Whether or not the Court of Appeals erred in upholding the decision of the Trial Court as regards the order
    declaring the marriage as null and void on the ground of petitioners psychological incapacity.

    Ruling: YES. The concealment of homosexuality is the proper ground to annul a marriage, not homosexuality per
    se. The law is clear- a marriage may be annulled when the consent of either party was obtained by fraud, such
    concealment of homosexuality. In this case there is no preponderance of evidence that Manuel was a homosexual at
    the onset of his marriage and he deliberately hid such fact to his wife. It is the concealment of homosexuality, and
    not homosexuality per se, that vitiates the consent of the innocent party. Such concealment presupposes bad faith
    and intent to defraud the other party in giving consent to the marriage.

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