Facts:

Virgilio and Dita were spouses. Their relationship turned bitter when Virgilio discovered that Dita had a paramour.
Virgilio filed a case of adultery against Dita and her paramour. The two were convicted of the crime charged.
Subsequently, Virgilio filed a Petition for Declaration of Nullity of Marriage, Dissolution and Liquidation of Conjugal
Partnership of Gains and Damages before the RTC, imputing psychological incapacity on Dita. During the pre-trial,
Virgilio and Dita entered into a Compromise Agreement wherein they agreed to partially separate their conjugal
properties without prejudice to the outcome of the pending case of declaration of nullity of marriage. The RTC approved
the compromise agreement.

Virgilio, however, later filed an Omnibus Motion, praying for the repudiation of the Compromise Agreement and the
reconsideration of the Judgment on Compromise Agreement by the respondent judge on the grounds that his previous
lawyer did not intelligently and judiciously apprise him of the consequential effects of the Compromise Agreement. The
respondent Judge denied the motion.

Issues:

1. Do Articles 43 and 63 of the Family code applies to the instant case?

2. Does Article 2035 of the Civil Code also apply to the instant case?

3. Does the Compromise Agreement circumvent the law prohibiting the guilty spouse from sharing in the conjugal
properties?

4. Does the absence of the public prosecutor nullify the compromise agreement?

5. May the compromise agreement be nullified on the ground that petitioner was not intelligently and judiciously
informed by his counsel of the consequential effects of the agreement?

Held:

1. No. The foregoing provisions of the law are inapplicable to the instant case. Article 43 of the Family Code refers to a
subsequent marriage that is terminated because of the reappearance of an absent spouse; while Article 63 applies to
the effects of a decree of legal separation. The present case involves a proceeding where the nullity of the marriage is
sought to be declared under the ground of psychological capacity.