CASE DIGESTS in PERSONS and FAMILY RELATIONS

NMSMI vs. DND, G.R. NO. 187587, June 5, 2013, 697 SCRA 359
Petitioner:
Respondents:

Nagkakaisang Maralita ng Sitio Masigasig, Inc.

Department of National Defense (DND)
Military Shrine Services - Philippine Veterans Affairs
Office,

Facts:
Former President Marcos issued a proclamation which excludes a
certain area in a parcel of land previously reserved for military purposes
and declared it open for disposition. The proclamation includes three
barangays (Lower Bicutan, Upper Bicutan and Signal Village) in its body
and another barangay (Western Bicutan) contained at the bottom through
a handwritten addendum by the President. Said proclamation was
published in the Official Gazette without the hand written addendum.
Issue:
Whether or not the handwritten addendum is an integral part of the
proclamation.
Held:
No, the handwritten addendum has no legal force and effect due to
lack of the required publication in the Official Gazette. Publication must be
in full or it is no publication at all for the purpose that it should inform the
public of the contents of the law. Pursuant to Article 2 of the Civil Code,
the requirement of publication is indispensable in the effectivity of a law
unless otherwise provided by the law itself.

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Ting vs. Velez-Ting, G.R. NO. 166562, Mar. 31, 2009, 582 SCRA 694
Petitioner: Benjamin G. Ting
Respondent:
Carmen M. Velez-Ting
Facts:
Benjamin Ting and Carmen Velez-Ting were married for 18 years
blessed with 6 children when Carmen filed a verified petition for the
declaration of nullity of their marriage on the ground that Benjamin, even
before their marriage, suffered from psychological incapacity but such was
manifested only after their solemnization through his alcoholism, violence,
compulsive gambling and failure or refusal to give financial support,
among others. Each of the parties presented their expert witnesses which
support their respective allegations but since Benjamin was in South
Africa, both experts were not able to personally examine him but Dr. Obra,
expert witness of Benjamin, was able to evaluate the evaluation of a
South African doctor. The RTC and CA ruled that the marriage is void ab
initio.
Issue:
Whether or not Benjamin Tings psychological incapacity was proven
so as to declare the nullity of their marriage.
Held:
No, it was held that the evidence presented was found insufficient to
support a finding of psychological incapacity of Benjamin. Expert opinions
are not indispensable requirements for nullity of marriage although they
are highly advisable and decisive, hence it cannot be solely relied upon
but the totality of evidence adduced in the course proceeding should be
considered as well. Unfortunately, it was found that the opinion and the
evidence presented by Carmen were too inadequate to declare Benjamins
personality disorder. Thus, the presumption of validity of marriage has not
been amply rebutted. The decisions of the RTC and CA were reversed.

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Gashme Shookat Baksh vs CA, 219 SCRA 115 (1993)

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Villanueva vs. CA, 198 SCRA 472 (1991)

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People v. Dumpo, 62 Phil. 246

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