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    Tolentino Vs Villanueva Case Digest

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    merlyn gutierrez
    Romulo Tolentino filed for annulment of his marriage to Helen Villanueva, alleging fraud as he discovered she was pregnant despite no prior intimacy. Helen did not respond. The court dismissed as Romulo refused to provide evidence or submit to questioning by the prosecutor, as required by law for default cases of annulment. The law prohibits decisions based solely on stipulated facts or confession, and requires the prosecutor to investigate for collusion and intervene on behalf of the state. As Romulo did not comply, the lower court correctly dismissed his petition.

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    Tolentino Vs Villanueva Case Digest

    Uploaded by

    merlyn gutierrez
    137 views1 page
    Romulo Tolentino filed for annulment of his marriage to Helen Villanueva, alleging fraud as he discovered she was pregnant despite no prior intimacy. Helen did not respond. The court dismissed as Romulo refused to provide evidence or submit to questioning by the prosecutor, as required by law for default cases of annulment. The law prohibits decisions based solely on stipulated facts or confession, and requires the prosecutor to investigate for collusion and intervene on behalf of the state. As Romulo did not comply, the lower court correctly dismissed his petition.

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    Tolentino vs Villanueva Case Digest

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    Romulo Tolentino filed for annulment of his marriage to Helen Villanueva, alleging fraud as he discovered she was pregnant despite no prior intimacy. Helen did not respond. The court dismissed as Romulo refused to provide evidence or submit to questioning by the prosecutor, as required by law for default cases of annulment. The law prohibits decisions based solely on stipulated facts or confession, and requires the prosecutor to investigate for collusion and intervene on behalf of the state. As Romulo did not comply, the lower court correctly dismissed his petition.

    Copyright:

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

    Tolentino Vs Villanueva Case Digest

    Uploaded by

    merlyn gutierrez
    Romulo Tolentino filed for annulment of his marriage to Helen Villanueva, alleging fraud as he discovered she was pregnant despite no prior intimacy. Helen did not respond. The court dismissed as Romulo refused to provide evidence or submit to questioning by the prosecutor, as required by law for default cases of annulment. The law prohibits decisions based solely on stipulated facts or confession, and requires the prosecutor to investigate for collusion and intervene on behalf of the state. As Romulo did not comply, the lower court correctly dismissed his petition.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Tolentino vs Villanueva

    Facts:
    petitioner Romulo Tolentino filed a suit for annulment of his marriage to private respondent
    Helen Villanueva, alleging that his consent was obtained through fraud because immediately
    after the marriage celebration, he discovered that private respondent was pregnant despite the
    fact that he had no sexual relations with her prior to the marriage ceremony; and that they did
    not live as husband and wife as immediately after the marriage celebration, Helen Villanueva
    left his house and her whereabouts remained unknown to him until January, 1962 when he
    discovered that she is residing in San Francisco, Cebu. Despite the fact that she was served
    with summons and copy of the complaint, Helen failed to file a responsive pleading, for which
    reason petitioner filed on June 13, 1962 a motion to declare her in default and to set the date for
    the presentation of his evidence. Respondent Judge dismissed the complaint in view of the fact
    that petitioner is not willing to submit himself for interrogation by the City Fiscal pursuant to the
    provisions of the second paragraph of Article 101 of the New Civil Code.
    ISSUE: Whether the lower court is correct in dismissing the plaintiff’s petition for annulment of
    marriage on the ground of fraud because the same was based merely on a stipulation of facts or
    by confession of judgment
    RULING: YES. Where the husband filed a case for annulment on the ground of fraud
    (concealment of pregnancy), and the wife failed to file a responsive pleading, the court referred
    the case to the fiscal for investigation. However, the husband refused to show his evidence nor
    be interrogated by the fiscal, hence, the court correctly dismissed the complaint for annulment.
    The investigation of the fiscal is a prerequisite to the annulment of marriage where defendant
    has defaulted.

    General Rule: Articles 88 and 101 of the Civil Code of the Philippines expressly prohibit the
    rendition of a decision in suits for annulment of marriage and legal separation based on a
    stipulation of facts or by confession of judgment and direct that in case of non-appearance of
    defendant, the court shall order the prosecuting attorney to inquire whether or not collusion
    between the parties exists, and if none, said prosecuting attorney shall intervene for the State to
    prevent fabrication of evidence for the plaintiff.
    In the instant case, the general rule applies. Failure of petitioner Romulo to present evidence
    and submit himself to interrogation resulted to dismissal of his complaint.

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