8/23/2020
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The CA denied Anacleto's appeal through the Assailed Decision, the dispositive portion
of which reads:
WHEREFORE, premises considered, the instant appeal is hereby DENIED.
The [RTC Decision] in Civil Case No. Q-05-58783 for Declaration of Nullity of
Marriage is AFFIRMED.
SO ORDERED.[18]
The CA accorded weight and respect to the findings of fact of the RTC. The CA
conceded that while the standards set forth in Republic v. Court of Appeals and
Molina[19] may be considered strict, they remain in line with the principle that any
doubt should be resolved in favor of the validity of marriage and the indissolubility of
marital ties.[20]
Anacleto filed a motion for reconsideration, which was also denied by the CA in the
Assailed Resolution.[21]
Anacleto received a copy of the Assailed Resolution on January 19, 2012. Subsequently,
he filed the present Rule 45 Petition on February 3, 2012.[22]
On April 16, 2012, the Court issued a Minute Resolution[23] denying the Petition. It
reads in part:
x x x Considering the allegations, issues and arguments adduced in the
[Petition] of the [Assailed Decision and Resolution] of the [CA] in CA G.R. CV
No. 95614, the Court resolves to DENY the petition for failure of [Anacleto]
to sufficiently show that the [CA] committed any reversible error in the
[Assailed Decision and Resolution] as to warrant the exercise of this Court's
discretionary appellate jurisdiction.[24]
Thereafter, Anacleto filed a motion for reconsideration insisting on the weight and
credibility of Dr. Lopez's findings.[25]
In the Resolution[26] dated August 13, 2012, the Court resolved to grant Anacleto's
motion for reconsideration and reinstate the Petition. Accordingly, the Court required
Linda to file her comment thereto within ten (10) days from notice.[27] Since the
Resolution was returned unserved, the Court directed Anacleto to disclose Linda's
address within ten (10) days from notice. In his Manifestation[28] dated March 19,
2013, Anacleto averred that he had lost communication with Linda when she left their
conjugal home in May 2005, and that he no longer knows where she resides.
Upon the Court's directive, Anacleto later manifested his willingness to submit the
Petition for resolution through his Compliance and Manifestation[29] dated November 5,
2013.
The Issue
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