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Santos vs. Court of Appeals [DECISION]

LEOUEL SANTOS, petitioner, vs. THE HONORABLE COURT OF APPEALS AND JULIA ROSARIO BEDIA-SANTOS, respondents.

G.R. No. 112019 | 1995-01-04

Republic of the Philippines
SUPREME COURT
Manila
 
EN BANC
 
D E C I S I O N
 
VITUG, J.:

Concededly a highly, if not indeed the most likely, controversial provision introduced by the Family Code is Article 36 (as amended by E.O. no. 227 dated 17 July 1987), which declares:

 
"Article 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization."

The present petition for review on certiorari, at the instance of Leouel...