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    Casedigestno26 GR127263

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    Eric Recomendable
    The petitioner Filipina Y. Sy filed for legal separation from her husband Fernando Sy after years of living separately following Fernando leaving their conjugal home. Filipina later amended her petition to one for separation of property which was granted by the trial court along with custody of their two children. Filipina then filed for annulment of marriage on grounds of psychological incapacity which was denied by the trial and appellate courts. The Supreme Court ruled the marriage was void from the beginning due to lack of a marriage license at the time of the ceremony, making the issue of psychological incapacity moot.

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    Casedigestno26 GR127263

    Uploaded by

    Eric Recomendable
    36 views1 page
    The petitioner Filipina Y. Sy filed for legal separation from her husband Fernando Sy after years of living separately following Fernando leaving their conjugal home. Filipina later amended her petition to one for separation of property which was granted by the trial court along with custody of their two children. Filipina then filed for annulment of marriage on grounds of psychological incapacity which was denied by the trial and appellate courts. The Supreme Court ruled the marriage was void from the beginning due to lack of a marriage license at the time of the ceremony, making the issue of psychological incapacity moot.

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    CASEDIGESTNO26-GR127263

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    The petitioner Filipina Y. Sy filed for legal separation from her husband Fernando Sy after years of living separately following Fernando leaving their conjugal home. Filipina later amended her petition to one for separation of property which was granted by the trial court along with custody of their two children. Filipina then filed for annulment of marriage on grounds of psychological incapacity which was denied by the trial and appellate courts. The Supreme Court ruled the marriage was void from the beginning due to lack of a marriage license at the time of the ceremony, making the issue of psychological incapacity moot.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    36 views1 page

    Casedigestno26 GR127263

    Uploaded by

    Eric Recomendable
    The petitioner Filipina Y. Sy filed for legal separation from her husband Fernando Sy after years of living separately following Fernando leaving their conjugal home. Filipina later amended her petition to one for separation of property which was granted by the trial court along with custody of their two children. Filipina then filed for annulment of marriage on grounds of psychological incapacity which was denied by the trial and appellate courts. The Supreme Court ruled the marriage was void from the beginning due to lack of a marriage license at the time of the ceremony, making the issue of psychological incapacity moot.

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    © All Rights Reserved
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    CASE DIGEST NO.

    26

    G.R. No. 127263


    April 12, 2000
    FILIPINA Y. SY, petitioner,
    vs
    THE HONORABLE COURT OF APPEALS, THE HONORABLE REGIONAL TRIAL COURT, SAN FERNANDO,
    PAMPANGA, BRANCH XLI, and FERNANDO SY, respondents.

    FACTS OF THE CASE:


    Petitioner Filipina Y. Sy and private respondent Fernando Sy contracted marriage when they were both
    22 years old. The union was blessed with two children. After years of cohabitation, Fernando left their
    conjugal dwelling. Since then, the spouses lived separately, and their two children were in the custody of
    their mother. However, their son Frederick transferred to his father’s residence, and from then on, lived
    with his father. Filipina filed a petition for legal separation and later on amended the petition to a
    petition for separation of property. The RTC granted the petition dissolving their conjugal property of
    gains and approving a regime of separation of properties. The Trial court also granted custody of the
    children to petitioner.
    On August 4, 1992, Petitioner filed a petition for the declaration of absolute nullity of her marriage to
    Fernando on the grounds of psychological incapacity. The trial court denied her petition. Petitioner
    appealed to the Court of Appeals which affirmed the trial court decision and later denied her motion for
    reconsideration. Hence, the appeal to the Supreme Court.
    ISSUE:
    1. Whether or not the marriage between petitioner and private respondent is void from the
    beginning for lack of a marriage license at the time of the ceremony; and
    2. Whether or not private respondent is psychologically incapacitated at the time of said marriage
    celebration to warrant a declaration of its absolute nullity.
    RULING:
    Yes, the marriage is void from the beginning for lack of a marriage license at the time of the
    ceremony. The incongruity in the dates of the marriage license and the celebration of the marriage itself
    lead to the conclusion that their marriage was void from the beginning.
    The remaining issue on the psychological incapacity of the private respondent becomes moot
    upon conclusion that the petitioners marriage was void from the beginning for lack of a marriage license
    at the time their marriage was solemnized.

    Eric M. Recomendable
    Arellano University School of Law

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