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Joselita Salita vs. Delilah Magtolis

JOSELITA SALITA, petitioner, vs. HON. DELILAH MAGTOLIS, in her capacity as Judge of the RTC, Quezon City, Br. 107, and ERWIN ESPINOSA, respondents.

G.R. No. 106429 | 1994-06-13

D E C I S I O N

BELLOSILLO, J.:

Erwin Espinosa, 32, and Joselita Salita, 22, were married at the Roman Catholic Church in Ermita, Manila, on 25 January 1986. A year later, their union turned sour. They separated in fact in 1988. Subsequently, Erwin sued for annulment on the ground of Joselita's psychological incapacity.

The issue before us however is not the scope nor even the interpretation of Art. 36 of the Family Code. 1 Rather, the issue is the sufficiency of the allegations in the petition for annulment of marriage and the subsequent bill of particulars filed in amplification of the petition.

The petition for annulment was filed...