See - http://thelawyerspost.net/deferment-of-ruling-on-other-issues-in-psychological-incapacity-cases/
"x x x.
Consistent, therefore, with Section 19 of A.M. No. 02-11-10-SC, the Court finds it more prudent to rule first on the petitioner’s petition and respondent’s counter-petition for declaration of nullity of marriage on the ground of each other’s psychological incapacity to perform their respective marital obligations. If the Court eventually finds that the parties’ respective petitions for declaration of nullity of marriage is indeed meritorious on the basis of either or both of the parties’ psychological incapacity, then the parties shall proceed to comply with Article[s] 50 and 51 of the Family Code before a final decree of absolute nullity of marriage can be issued. Pending such ruling on the declaration of nullity of the parties’ marriage, the Court finds no legal ground, at this stage, to proceed with the reception of evidence in regard the issues on custody and property relations, since these are mere incidents of the nullity of the parties’ marriage.10 ."
x x x.
And the trial judge’s decision was not without basis. Judge Reyes-Carpio finds support in the Court En Banc Resolution in A.M. No. 02-11-10-SC or the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages. Particularly, Secs. 19 and 21 of the Rule clearly allow the reception of evidence on custody, support, and property relations after the trial court renders a decision granting the petition, or upon entry of judgment granting the petition:
Section 19. Decision. – (1) If the court renders a decision granting the petition, it shall declare therein that the decree of absolute nullity or decree of annulment shall be issued by the court only after compliance with Articles 50 and 51 of the Family Code as implemented under the Rule on Liquidation, Partition and Distribution of Properties.
x x x x
Section 21. Liquidation, partition and distribution, custody, support of common children and delivery of their presumptive legitimes. – Upon entry of the judgment granting the petition, or, in case of appeal, upon receipt of the entry of judgment of the appellate court granting the petition, the Family Court, on motion of either party, shall proceed with the liquidation, partition and distribution of the properties of the spouses, including custody, support of common children and delivery of their presumptive legitimes pursuant to Articles 50 and 51 of the Family Code unless such matters had been adjudicated in previous judicial proceedings.
Evidently, Judge Reyes-Carpio did not deny the reception of evidence on custody, support, and property relations but merely deferred it, based on the existing rules issued by this Court, to a time when a decision granting the petition is already at hand and before a final decree is issued. Conversely, the trial court, or more particularly the family court, shall proceed with the liquidation, partition and distribution, custody, support of common children, and delivery of their presumptive legitimes upon entry of judgment granting the petition. And following the pertinent provisions of the Court En Banc Resolution in A.M. No. 02-11-10-SC, this act is undoubtedly consistent with Articles 50 and 51 of the Family Code, contrary to what petitioner asserts. Particularly, Arts. 50 and 51 of the Family Code state:
Article 50. x x x
The final judgment in such cases shall provide for the liquidation, partition and distribution of the properties of the spouses, the custody and support of the common children, and the delivery of their presumptive legitimes, unless such matters had been adjudicated in the previous judicial proceedings.
x x x x
Article 51. In said partition, the value of the presumptive legitimes of all common children, computed as of the date of the final judgment of the trial court, shall be delivered in cash, property or sound securities, unless the parties, by mutual agreement judicially approved, had already provided for such matters. (Emphasis Ours.)
Finally, petitioner asserts that the deferment of the reception of evidence on custody, support, and property relations would amount to an ambiguous and fragmentary judgment on the main issue.12 This argument does not hold water. The Court En Banc Resolution in A.M. No. 02-11-10-SC clearly allows the deferment of the reception of evidence on custody, support, and property relations. Conversely, the trial court may receive evidence on the subject incidents after a judgment granting the petition but before the decree of nullity or annulment of marriage is issued. And this is what Judge Reyes-Carpio sought to comply with in issuing the assailed orders. As correctly pointed out by the CA, petitioner’s assertion that ruling the main issue without receiving evidence on the subject incidents would result in an ambiguous and fragmentary judgment is certainly speculative and, hence, contravenes the legal presumption that a trial judge can fairly weigh and appraise the evidence submitted by the parties.13 .
x x x."
See:
G.R. No. 189207, June 15, 2011, ERIC U. YU, Petitioner, vs. HONORABLE JUDGE AGNES REYES-CARPIO, in her official capacity as Presiding Judge, Regional Trial Court of Pasig-Branch 261; and CAROLINE T. YU, Respondents.
