G.R. No. 228127 - FERNANDO C. CLAVECILLA, REPRESENTED BY ATTY. MARVEL C. CLAVECILLA, VS. MARIVIC V. CLAVECILLA AND THE REPUBLIC OF THE PHILIPPINES.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , based from the totality of evidence presented in this case, on the ground of psychological incapacity of the petitioner, the petition is GRANTED. Accordingly, the marriage between petitioner FERNANDO CLAVECILLA and respondent MARIVIC CLAVECILLA is declared null and void under Art. 36 of the Family Code, as amended and all its effects under the law null and void from the beginning. Henceforth, their property relation is dissolved. As regards their son, Patrick Joshua Clavecilla y Villanueva, he is considered to be the legitimate child of the parties in accordance with Article 53 of the Family Code and shall retain the surname of his father and considering that the respondent is at present having custody over him, she shall retain custody over said child subject to the visitation rights of the petitioner. The settlement of the parties stated in this Order of this Court dated 15 June 2012, on the issue of support is hereby reinstated such that the Petitioner is directed to give monthly support to his son in the amount of Twenty Five Thousand Pesos (Php 25,000.00) starting 15 July 2012 and thereafter. Upon finality of this Decision, the Court shall forthwith issue the corresponding degree of nullity of marriage upon compliance with Section 21 of AM 02-11-10-SC on liquidation, partition, and distribution of the properties of the spouses. Pursuant to the provision of AM No. 02-11-10-SC, the Branch Clerk of Court shall enter this judgment upon its finality in the Book of Entry of Judgment and to issue an Entry of Judgment in accordance thereto. The Local Civil Registrar is also directed to cause the registration of the said Entry of Judgment in their respective Book of Marriages. SO ORDERED.