CASE DIGEST ARTICLE 118-120


DIÑO V. DIÑO
G.R. No. 178044,  [January 19, 2011]


FACTS:
ALAIN M. Diño (petitioner) and Ma. Caridad L. Diño(respondent) got married on 14 January 1998 before Mayor Vergel Aguilar of Las Piñas City.
On 30 May 2001, petitioner filed an action for Declaration of Nullity of Marriage against respondent, citing psychological incapacity under Article 36 of the Family Code.
Dr. Nedy L. Tayag (Dr. Tayag) submitted a psychological report establishing that respondent was suffering from Narcissistic Personality Disorder which was incurable and deeply ingrained in her system since her early formative years.
The trial COURT GRanted the petition on the ground that respondent was psychologically incapacitated to comply with the essential marital obligations at the time of the CELEBRATION of the marriage and declared their marriage void ab initio. It ordered that a decree of ABSOLUTE nullity of marriage shall only be issued upon COMPLIANCE with Articles 50 and 51 of the Family Code.
Trial court, upon motion for partial reconsideration of petitioner, modified its decision holding that a decree of absolute nullity of marriage shall be issued after liquidation, partition and distribution of the parties’ properties under Article 147 of the Family Code.
ISSUE:
Whether the trial court erred when it ordered that adecree of absolute nullity of marriage shall only be issued after liquidation, partition, and distribution of the parties’ properties under Article 147 of the Family Code.
HELD:
Yes. The trial court’s decision is affirmed with modification. Decree of absolutenullity of the marriage shall be issued upon finality of the trial court’s decision without waiting for the liquidation, partition, and distribution of the parties’ properties under Article 147 of the Family Code.

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