1/4/2021
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In December 1987, Angelita returned to Germany to file divorce proceedings
against Reynaldo, and she obtained the divorce decree she sought in June
1988. Shortly thereafter, Angelita and Georg got married in Germany on 30
August 1988. On 21 November 1989, Angelita gave birth in Germany to a
daughter, whom they named Liselotte.
In 1991, Angelita and Georg entered into an agreement for the complete
separation of their properties. At that time, Georg resigned from his job. To
make matters worse, Georg was diagnosed with early multiple sclerosis and
could not work. Since Angelita's income was barely enough to support them
all, they decided to return and settle permanently in the Philippines in 1992.
Angelita bought a lot in Muntinlupa on which they had a house built in 1993.
She also put up a commercial building – which earned rentals – on another
lot in Muntinlupa, which she and her first husband, Reynaldo, previously
bought together. The rest of Angelita's savings from Germany went into
putting up a school with her other family members and relatives.
Angelita earned a considerable income from her business ventures, which
she shared with Georg. However, Angelita stopped giving Georg money in
1994 when she discovered that Georg was having extramarital affairs.
Claiming that Georg was beating her up, Angelita and her two children left
their home in March 1996. Being the registered owner of their family home,
Angelita sold the same to her sister. Despite said sale, Georg refused to
vacate the house.
On 26 March 1996, Angelita filed the instant petition for annulment of
marriage on the ground of Georg's alleged psychological incapacity. Georg
opposed the petition, insisting that the court should only issue a decree of
legal separation with the consequent division of their properties and
determination of Liselotte's custody. Angelita countered that there were no
properties to divide between them because all the real properties that she
acquired in the Philippines belong solely to her as a consequence of the
agreement for complete separation of property that they previously
executed in Germany in 1991.
During trial, Angelita presented evidence of Georg's psychological incapacity
through medical reports and the like, as well as the contract for separation
of property. On the other hand, Georg presented evidence of the properties
that they acquired during their marriage that he thinks should be divided
equally between them.[3]
Judgment of the RTC
On June 21, 2006, the RTC rendered judgment declaring the marriage of Angelita and
Georg null and void, to wit:
WHEREFORE, in view of the foregoing, judgment is hereby rendered as
follows:
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65677
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