288. YU v.
CARPIO ISSUE: Whether or not, the main issue, the declaration of nullity of marriage and the
G.R. No. 189207
June 15, 2011
Topic: Dissolution of the Conjugal Partnership of Gains
Petitioner: Eric U. Yu
Respondent: Hon. Judge Agnes Reyes-Carpio, Presiding Judge, RTC-Pasig Branch 261;
and Caroline T. Yu
Ponente: , J. Velasco, Jr.
DOCTRINE: It is more prudent for the family court to first resolve the issue on
whether to nullify a marriage before such court resolve the issues regarding
compliance with Articles 50 and 51 of the Family Code.
FACTS:
A petition for the declaration of nullity of marriage was filed by Petitioner with the
RTC-Pasig City and heard by Judge Suarez of Branch 163. Judge Suarez issued an
Order stating that petitioner’s Partial Offer of Evidence would already be submitted
for resolution. To this Order, the petitioner opposed, insisting that the main issue on
the declaration of nullity of marriage cannot be resolved without further reception of
evidence on the issues on custody, support, and property relations. Petitioner insisted
that all issues should be simultaneously resolved. Judge Suarez, agreeing with
petitioner, ordered for the presentation of further evidence on custody, support, and
property relations.
Subsequently, private respondents moved for and were able to successfully cause the
inhibition of Judge Suarez. Judge Reyes-Carpio then took over the case. Thereafter,
the private respondent filed an Omnibus Motion which sought for the strict
observation of A.M. No. 02-11-10-SC or the Rule on Declaration of Absolute Nullity of
Void Marriages, and the resolution on the declaration of nullity of marriage.
Judge Reyes-Carpio granted the Omnibus Motion. She explained that the main cause
of action is the declaration of the nullity of marriage and the issues relating to
property relations, custody, and support are merely ancillary incidents thereto. Sec.
19 of AM No. 02-11-10-SC, states that it is more prudent to rule first on the
declaration of nullity of marriage before proceeding to comply with Articles 50 and 51
of the Family Code.
Petitioner filed a petition for certiorari with the CA. However the CA dismissed the
petition and affirmed the judgment of the trial court.
ancillary issues on custody, support, and property relations of the spouses should be
simultaneously resolved by the family court.
RULING: No. It is more prudent for the family court to first resolve the issue on
whether to nullify a marriage before such court resolve the issues regarding
compliance with Articles 50 and 51 of the Family Code.
It should be noted that Judge Reyes-Carpio did not disallow the presentation of
evidence on the incidents on custody, support, and property relations. She merely
deferred the reception of evidence. Such deferral is in line with AM No. 02-11-10-SC,
Sections 19 and 21, which clearly allows the reception of evidence on custody,
support, and property relations after the trial court renders a decision granting the
petition, or upon entry of judgment granting the petition.
Section 19. Decision. - (1) If the court renders a decision granting the petition, it shall
declare therein that the decree of absolute nullity or decree of annulment shall be
issued by the court only after compliance with Articles 50 and 51 of the Family Code
as implemented under the Rule on Liquidation, Partition and Distribution of
Properties.
Section 21. Liquidation, partition and distribution, custody, support of common
children and delivery of their presumptive legitimes. - Upon entry of the judgment
granting the petition, or, in case of appeal, upon receipt of the entry of judgment of
the appellate court granting the petition, the Family Court, on motion of either party,
shall proceed with the liquidation, partition and distribution of the properties of the
spouses, including custody, support of common children and delivery of their
presumptive legitimes pursuant to Articles 50 and 51 of the Family Code unless such
matters had been adjudicated in previous judicial proceedings.
A.M. No. 02-11-10-SC clearly allows the deferment of the reception of evidence on
custody, support, and property relations. The trial court may receive evidence on the
subject incidents after a judgment granting the petition but before the decree of
nullity or annulment of marriage is issued.
DISPOSITIVE: WHEREFORE, the petition is DISMISSED. The CA Decision in CA-G.R. SP
No. 106878 finding that Judge Agnes Reyes-Carpio did not commit grave abuse of
discretion amounting to lack or excess of jurisdiction is AFFIRMED.