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At that time, Marietta lived in Las Pinas. The parties entered into a compromise agreement wherein their property located in Carmona, Cavite was adjudicated to Marietta and her children. The court rendered judgment based on the compromise agreement.
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Conformably thereto, Marietta and her children moved and began residence at the said Carmona property. In , Rodolfo, wanting to marry again, filed a case for the declaration of nullity of his marriage with the Marietta on the ground of psychological incapacity.
Although the Rodolfo knew that the Marietta was already residing in Carmona, Cavite, he, nevertheless, alleged in his petition that the Marietta was residing at No.
Marietta failed to file an answer and was declared in default. Rodolfo was allowed adduce evidence ex- parte.
On July 7, , the trial court issued an Order granting the petition and declaring the marriage of the parties void ab initio. The clerk of court issued a Certificate of Finality of the Order of the court on July 16, The public prosecutor condoned the acts of the trial court when he interposed no objection to the motion of the respondent.
The trial court forthwith received the evidence of the respondent ex-parte and rendered judgment against the petitioner without a whimper of protest from the public prosecutor.
The actuations of the trial court and the public prosecutor are in defiance of Article 48 of the Family Code, which reads: Article In all cases of annulment or declaration of absolute nullity of marriage, the Court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion between the parties and to take care that evidence is not fabricated or suppressed.
In the cases referred to in the preceding paragraph, no judgment shall be based upon a stipulation of facts or confession of judgment.
No defaults in actions for annulment of marriage or for legal separation.
In the case of Republic v. Court of Appeals, this Court laid down the guidelines in the interpretation and application of Art.
No decision shall be handed down unless the Solicitor General issues a certification, which will be quoted in the decision, briefly stating therein his reasons for his agreement or opposition, as the case may be, to the petition.The clerk of court issued a Certificate of Finality of the Order of the court on July 16, On July 7, , the trial court issued an Order granting the petition and declaring the marriage of the parties void ab initio.
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The court rendered judgment based on the compromise agreement.
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