Stephen Nikolai L.

Crisang 1-E Legal Research

Civil Case

I, together with my classmates, observed an annulment case last August 25, 2016, in the
Regional Trial Court Branch 260, Parañaque City, Metro Manila. It was the husband who filed
the annulment case on the ground that his wife is psychologically incapacitated. On this hearing,
the petitioner presented his witness, Dr. Jose Mauro Sayo, a Fellow Psychiatrist and also the
head of the Philippine Mental Association.

Dr. Sayo conducted the psychiatric examination. The report was presented and was based
from the interview of the Fellow Psychiatrist of the petitioner’s mother and co-workers. The
Fellow Psychiatrist said that both parties are beyond reconciliation and recommend that the
marriage be annulled. The Fellow Psychiatrist also said that from his assessment, the respondent
suffers from Antisocial and Histrionic Personality Disorder for the reasons that the respondent
exploited the petitioner and asked for a family business and other things like gadgets and laptops;
and showed no remorse in what she was doing. The respondent also refuses to have sex without
getting what she wants from the petitioner. The respondent was also sent to school by the
petitioner. The respondent became manipulative and so, the petitioner did not have a choice but
to follow the respondent’s demands. The respondent also had text mates and extra-marital affairs
and was seductive and flirtatious to other men.

The Fellow Psychiatrist said that due to that, the petitioner became depressed and has
feeling of helplessness as well as a substantial and detrimental decrease in self-woth, and so he
decided to separate from his wife. From the interview, the petitioner’s mother said that the
petitioner avoided family gatherings and became extremely thrifty to provide for the needs of his
wife.

The fellow psychiatrist said that Personality Disorders are incurable and are innate to a
person. The respondent became demeaning and manipulative thereby causing the marriage to be
irreconcilable.

In the case at bar, the evidence of the petitioner showing that the respondent is
psychologically incapacitated is strong, and so the judge will annul the marriage. As stated in
Article 36 of the Family Code, “A marriage contracted by any party who, at the time of the
celebration, was psychologically incapacitated to comply with the essential marital obligations of
marriage, shall likewise be void even if such incapacity becomes manifest only after its
solemnization.”, therefore, based from the facts stated above, the respondent was psychologically
incapacitated, specifically has a Personality Disorder and is incurable.
 Criminal Case

Last August 26, 2016, the hearing was a criminal case, wherein Antonio “Boboy” B.
Jesalva violated the City Ordinance 1054, which is urinating in public places is prohibited, last
March 9, 2016. The accused wilfully, unlawfully and knowingly urinated along F. Manalo St. in
front of JCSV, Punta, Sta. Ana, which is a public place and within public view.

On the said hearing, the accused was present but the witnesses namely, PO1 Andy Mojal
and PO1 Rochelle Janaban, were not there despite notice. And so, the motion of the Atty. Mateo,
the lawyer of the accused to waive the witnesses’ rights to testify was granted.

Since there were no more witnesses to present, the motion of Assistant City Prosecutor
Alfred C. Gomez to offer the Join Affidavit of Arrest, and the signature (Exhibit A and A-1,
respectively) to prove the material allegations in the information was allowed. But Atty. Mateo
objected the formal offer of the exhibits made by the prosecution for the reason that is was self-
serving, immaterial and irrelevant. Despite the objection, the same was admitted as they are part
of the testimony of the witness who testified in this case.

The initial presentation of defense evidence was set in September 3, 1016.

Quasi-judicial Proceeding

On September 14, 2016, we attended a preliminary investigation in Las Piñas City, Metro
Manila, wherein the City Prosecutor Carlo Monzon acted in a quasi-judicial proceeding. He went
on to further explain to us the procedures in a preliminary investigation, his responsibilites and
how he conducts inquest proceedings for various criminal, civil and administrative cases.

A photo opportunity with City Prosecutor Carlo Monzon

A photo opportunity with Hon. Jaime M. Guray