Beruflich Dokumente
Kultur Dokumente
*
G.R. No. 127358. March 31, 2005.
_______________
* FIRST DIVISION.
262
263
AZCUNA, J.:
_______________
265
_______________
266
_______________
11Id., at p. 32.
12 Rollo (G. R. No.127358) p. 11.
267
With regard to the first issue in the main case, the Court of
Appeals articulated:
_______________
13Id., at p. 15.
14Id., at p. 17.
15Id., at p. 20.
268
_______________
269
_______________
270
ity or inability
18
to give meaning and significance to the
marriage. . . .
The Court of Appeals and the trial court considered the
acts of the petitioner after the marriage as proof of his
psychological incapacity, and therefore a product of his
incapacity or inability to comply with the essential
obligations of marriage. Nevertheless, said courts
considered these acts as willful and hence as grounds for
granting moral damages. It is contradictory to characterize
acts as a product of psychological incapacity, and hence
beyond the control of the party because of an innate
inability, while at the same time considering the same set
of acts as willful. By declaring the petitioner as
psychologically incapacitated, the possibility of awarding
moral damages on the same set of facts was negated. The
award of moral damages should be predicated, not on the
mere act of entering into the marriage, but on specific
evidence that it was done deliberately and with malice by a
party who had knowledge of his or her disability and yet
willfully concealed the same. No such evidence appears to
have been adduced in this case.
For the same reason, since psychological incapacity
means that one is truly incognitive of the basic marital
covenants that one must assume and discharge as a
consequence of marriage, it removes the basis for the
contention that the petitioner purposely deceived the
private respondent. If the private respondent was deceived,
it was not due to a willful act on the part of the petitioner.
Therefore, the award of moral damages was without basis
in law and in fact.
Since the grant of moral damages was not proper, it
follows that the grant of exemplary damages cannot stand
since the Civil Code provides that exemplary damages are
imposed in
_______________
271
_______________
272
When a marriage is declared void ab initio, the law states that the final
judgment therein shall provide for the liquidation, partition and
distribution of the properties of the spouses, the custody and support of
the common children and the delivery of their presumptive legitimes,
unless such matters had been adjudicated in the previous proceedings.
273
274
_______________
275
ART. 147. When a man and a woman who are capacitated to marry each
other, live exclusively with each other as husband and wife without the
benefit of marriage or under a void marriage, their wages and salaries
shall be owned by them in equal shares and the property acquired by
both of them through their work or industry shall be governed by the
rules on coownership.
In the absence of proof to the contrary, properties acquired while they
lived together shall be presumed to have been obtained by their joint
efforts, work or industry, and shall be owned by them in equal shares.
For purposes of this Article, a party who did not participate in the
acquisition by the other party of any property shall be deemed to have
contributed jointly in the acquisition thereof if the former’s efforts
consisted in the care and maintenance of the family and of the household.
Neither party can encumber or dispose by acts inter vivos of his or her
share in the property acquired during cohabitation and owned in
common, without the consent of the other, until after the termination of
their cohabitation.
When only one of the parties to a void marriage is in good faith, the
share of the party in bad faith in the coownership shall be forfeited in
favor of their common children. In case of default of or waiver by any or
all of the common children or
_______________
276
...
277
278
_______________
279
——o0o——
© Copyright 2017 Central Book Supply, Inc. All rights reserved.