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STATEMENT OF ASSIGNMENT:
I am assigned in an annulment case involving the question whether she could ask for
regular support and if she had to undergo DNA test so that her husband will give support.
ISSUE:
In this case, under rights and obligations of the husband and wife, and Paternity and
Filiation in the Family code, can the wife ask for regular support from the husband even if she had
BRIEF ANSWER:
Yes, Annie can ask for regular support from the husband even if she had to undergo DNA
No, sexual infidelity is not considered psychological incapacity as grounds for nullity of
marriage.
STATEMENT OF FACTS
The parties got married sometime January 5, 2011. Around one week after their
marriage, being an Overseas Filipino worker. Antonio came home sometime in July 2012 for a
one-month vacation. After a month, Annie discovered that she was pregnant. Antonio went home
when Annie gave birth to their daughter. After he left again for abroad, their communication was
still regular and he sent her regular monthly support but sometime February 2014, he stopped
sending regular support and did not contact her for a month.
She was surprised that in June 2014, she received a summons for a petition for
declaration of nullity of marriage filed by her husband on the ground of psychological incapacity.
One of the bases for psychological incapacity was that she was an unfaithful wife, that she got
pregnant from another man and that the child was not his. One of his prayers in the petition was
According to Mrs. delos Reyes, it was not true that she was unfaithful to her husband and
was 100% sure that he was the father of her daughter. She wants to know if she could ask for
regular support and if she had to undergo DNA test so that her husband will give support.
ANALYSIS/CONCLUSION/RECOMMENDATION
On the issues raised, First, Under Article 111, The husband is responsible for the support
of the wife and the rest of the family. Unless, there be a valid legal separation or declaration of
nullity of marriage, which in this case, has not yet come to finality. Also, Art. 255 states that
Children born after one hundred and eighty days following the celebration of the marriage, and
before three hundred days following its dissolution or the separation of the spouses shall be
presumed to be legitimate. Against this presumption no evidence shall be admitted other than that
of the physical impossibility of the husbands having access to his wife within the first one
hundred and twenty days of three hundred, which preceded the birth of the child. The child was
clearly born one year after their marriage. Even being an overseas worker, Antonio went home for
a month vacation, and from that vacation was the discovery of Annas pregnancy. Therefore, the
Antonio is still obliged to support his wife and children even after the time Anna should undergo
DNA test and that their daughter is presumed a legitimate child, in which, the the spouses are
annulment under Article 36, of the Family code. As cited in the case of Republic v. Cabantug-
Baguio, G.R. No. 171042, June 30, 2008) The term psychological incapacity to be a ground for
the nullity of marriage under Article 36 of the Family Code, refers to a serious psychological
illness afflicting a party even before the celebration of marriage. Hence, the petition for annulment
In view of Annas request, she may pray for the annulment case to be void, and oblige her