G.R. No. 166357 - VALERIO E. KALAW, VS. MA. ELENA FERNANDEZ.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the petition is DENIED . The Court of Appeals' May 27, 2004 Decision and its December 15, 2004 Resolution in CA-G.R. CV No. 64240 are AFFIRMED . SO ORDERED . Corona, C.J., (Chairperson), Leonardo-De Castro, Bersamin, and Perez, * JJ., concur. * In lieu of Associate Justice Martin S. Villarama, Jr., per Special Order No. 1080 dated September 13, 2011. [1] Rollo , pp. 26-56. [2] Id. at 9-20; penned by Associate Justice Roberto A. Barrios and concurred in by Associate Justices Regalado E. Maambong and Vicente Q. Roxas. [3] Id. at 22-23. [4] CA Decision, p. 11; rollo , p. 19. [5] Social Case Study Report, p. 14; Records, Vol. I, p. 216. [6] TSN dated March 15, 1995, pp. 11-12. [7] Social Case Study Report, p. 14; Records, Vol. I, p. 216. [8] Social Case Study Report, pp. 11 and 13; id. at 213 and 215. [9] Dr. Dayan's Psychological Evaluation Report, p. 7; id. at 259. [10] Id. at 10-11; id. at 259. [11] TSN dated March 15, 1995, pp. 23-24; Dr. Dayan's Psychological Evaluation Report, pp. 7-8; Records, Vol. I, p. 259. [12] Id. at 1-4. [13] Id. at 2; Petitioner's Memorandum in JDRC Case No. 3100, records, Vol. II, pp. 306-307. [14] The case proceeded to trial after the fiscal manifested to the court that there was no collusion between the parties (Records, Vol. I, p. 45). [15] TSN dated January 5, 1995, pp. 16-17. [16] Id. at 17-18. [17] Psychological Report, Records, Vol. I, pp. 173-175. [18] TSN dated February 15, 1995, pp. 6-7. [19] Id. at 7. [20] Psychological Report, Records, Vol. I, pp. 174-175. [21] TSN dated February 15, 1995, p. 4. [22] TSN dated June 17, 1998, p. 24. [23] Id. at 30-31. [24] Id. at 26-27. [25] Id. at 22-23. [26] Id. at 23. [27] Records, Vol. I, pp. 20-21. [28] TSN dated July 8, 1998, pp. 5-7. [29] Id. at 6-7. [30] TSN dated March 15, 1995, pp. 12-13. [31] Id. at 11-12. [32] Id. at 9-11. [33] Id. at 15-17. [34] Id. at 17-18. [35] Records, Vol. I, p. 21. [36] Dr. Dayan's Psychological Evaluation Report, p. 13; id. at 259. [37] Id. at 4-6; id. [38] Id. at 17-18; id.; TSN dated March 14, 1996, p. 10. [39] TSN dated January 30, 1996, p. 13. [40] Id. at 15. [41] TSN dated March 14, 1996, p. 12. [42] Social Case Study Report, p. 13 (Records, Vol. I, p. 215); Dr. Dayan's Psychological Evaluation Report, p. 9 (Records, Vol. I, p. 259). [43] TSN dated June 8, 1995, p. 6; Dr. Dayan's Psychological Evaluation Report, p. 9 (Id.); Rio's deposition, p. 3 (Id. at 356). [44] Social Case Study Report, pp. 11 and 13; Records, Vol. I, pp. 213 and 215. [45] TSN dated June 8, 1995, p. 9; Social Case Study Report, pp. 11 and 19 (Id. at 213 and 221). [46] TSN dated November 20, 1995, pp. 15 and 21. [47] Id. at 8-10. [48] TSN dated January 4, 1996, pp. 4-6. [49] TSN dated April 2, 1998, pp. 18-20. [50] Tyrone alleges that he married Jocelyn Quejano in 1990 in California, United States of America after divorcing with Malyn also in California sometime in 1987. There is, however, no documentary evidence of the divorce and r