Respondent COURT MEMO
Respondent COURT MEMO
Respondent COURT MEMO
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PREFATORY STATEMENT
The family is the basic unit of society. The family, along with the marriage
between the spouses shall be protected by the State and shall be shielded from
nullifying such sacred union on inadequate grounds. The law recognizes the family as
the most important element that makes a society. The justice system shall see to it that
this so remains.
1. January 5, 2011 Gerard and Geraldine delos Santos married. A week after their
marriage, her husband went left for abroad for work. They communicated
regularly either through email, chat or telephone.
2. Gerard delos Reyes came home sometime in July 2012 for a one-month
vacation and left in the middle of August 2012. A month later, her husband left
for abroad again.
3. Geraldine delos Reyes discovered that she was pregnant. She communicated
this to her husband and he planned to come home when she was scheduled to
give birth. Gerard came home sometime in the middle of April 2013 and she
gave birth to their daughter Joanna on May 3, 2013.
4. Gerard left for abroad again, their communication then was still regular and he
sent her regular monthly support but sometime February 2014, he stopped
sending regular support and did not contact her for a month. As she was
worried about him, she tried to contact him but he was always out when she
called. He did not also answer her emails. She never communicated to her
after that.
5. Sometime in June 2014, she received a summons for a petition for declaration
of nullity of marriage filed by her husband on the ground of psychological
incapacity. One of the bases for psychological incapacity was that she was an
unfaithful wife, that she got pregnant from another man and that the child was
not his. In her husbands allegation, they had sexual intercourse on August 9,
2012 but she gave birth on May 3, 2013 less than nine months had lapsed.
Another allegation of the husband was that she was only after his money as she
was always asking him for money. One of his prayers in the petition was for the
court to direct petitioner to undergo DNA test.
6. According to Mrs. delos Reyes, she was never unfaithful to her husband and was
sure that he was the father of her daughter. She wants to know if she could ask
for regular support and if she had to undergo DNA test so that her husband will
give support.
ISSUE
2. Whether or not Joana delos Reyes, the child born during respondents
marriage to her husband is entitled for support.
In the landmark case of Antonio v. Reyes, G.R. No. 155800, the Court, through
then Justice (now Chief Justice) Panganiban observed that [t]he evidence [to establish
psychological incapacity] must convince the court that the parties, or one of them, was
mentally or psychically ill to such extent that the person could not have known the
obligations he was assuming, or knowing them, could not have given valid assumption
thereto. Jurisprudence since then has recognized that psychological incapacity is a
malady so grave and permanent as to deprive one of awareness of the duties and
responsibilities of the matrimonial bond one is about to assume.
The case Santos v. Court of Appeals, 310 Phil.21 (1995) is also worth mentioning.
Therein, it is stated that psychological incapacity is characterized by (a) Gravity; (b)
Judicial Antecedence; and (c) Incurability.
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It is a rule that psychological incapacity must be confined to the most serious
cases of personality disorders clearly demonstrative of an utter insensitivity or inability
to give meaning and significance to the marriage.
(a) Gravity It must be grave and serious such that the party
would be incapable of carrying out duties required in a marriage;
Article 36 of the Family Code of the Philippines states that downright incapacity,
not a mere refusal, neglect or difficulty, much less, ill will, on the part of the errant
spouse will render a marriage void on the ground of psychological incapacity.
Article 105 of the Family Code of the Philippines, further states that:
Art. 105. Subject to the provisions of the succeeding articles,
the following are obliged to support each other to the whole
extent set forth in the preceding article:
(1) The spouses;
(2)Legitimate ascendants and descendants;
(3) Parents and their legitimate children and the legitimate
and illegitimate children of the latter;
(4) Parents and their illegitimate children and the legitimate
and illegitimate children of the latter; and
(5) Legitimate brothers and sisters, whether of full or half-
blood
Joana delos Reyes was born during the subsistence of Gerard and Geraldines
marriage. Thus, as per the provisions above, we can deduce that Joana delos Reyes is
under those who his legitimate father is obliged to support. Unless declared by the court
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through a final judgment that she is an illegitimate child, she is very much entitled to
support.
PRAYER
Other reliefs, remedies, just and equitable reliefs in the premises are likewise
prayed for.
By: