Q the petitioner filed a petition for declaration of

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Q: The petitioner filed a petition declaration of nullity of marriage based allegedly on the psychological incapacity of the respondent, but the psychologist was not able to personally examine respondent and the psychological report was based only on the narration petitioner. Should the annulment granted? Explain. (2012 Bar) for the of be
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Q: Ariz and Paz were officemates at Perlas ng Silangan Bank (PSB). They fell in love with each other and had a civil and church wedding. Meanwhile, Paz rapidly climbed the corporate ladder of PSB and eventually became its Vice President, while remained one of its bank supervisors, although he was short of 12 units to finish Ariz
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UST BAR OPERATIONS CIVIL LAW 20 his Masters of Business Administration (MBA) degree. Ariz became envious of the success of his wife. He started to drink alcohol until he became a drunkard. He preferred to join his "barkadas"; became a wifebeater; would hurt his children without any reason; and failed to contribute to the needs of the family. Despite rehabilitation consultation with a psychiatrist, his ways did not change. After 19 years of marriage, Paz, a devout Catholic, decided to have their marriage annulled by the church. Through testimony of Paz and a psychiatrist, it was found that Ariz was a spoiled brat in his youth and was sometimes involved brawls. In his teens, he was once referred to a psychiatrist for treatment due to his violent tendencies. In due time, the National Appellate Matrimonial Tribunal (NAMT) annulled the union of Ariz and Paz due to the failure of Ariz to perform and fulfill his duties as a husband and as a father to their children. The NAMT concluded that it is for the best interest of Paz, Ariz and their children to have the marriage annulled. In view of the NAMT decision, Paz decided to file a Petition for Declaration of Nullity of Marriage of their civil wedding before the Regional Trial Court (RTC) of Makati City using the NAMT decision and the same evidence adduced in the church annulment proceedings as basis. If you are the judge, will you grant the petition? Explain. (2014 and the in Bar) A: If I were the judge, I will not grant the petition. While the decision of the church tribunal annulling the marriage of the parties may be persuasive, it is not however, binding

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