The Supreme Court on Wednesday, May 12, 2021, unanimously modified the interpretation of psychological incapacity as a ground for declaration of nullity of marriage under Article 36 of the Family Code of the Philippines.
In the case of Tan-Andal v. Andal, G.R. No. 196359, the SC en banc ruled that “psychological incapacity is not a medical but a legal concept It refers to a personal condition that prevents a spouse to comply with fundamental marital obligations only in relation to a specific partner that may exist at the time of the marriage but may have revealed through behavior subsequent to the ceremonies.”
” It need not be a mental or personality disorder. It need not be a permanent and incurable condition. Therefore, the testimony of psychologist or psychiatrist is not mandatory in all cases. The totality of the evidence must show clear and convincing evidence to cause the declaration of nullity of marriage, ” the SC said in a media briefer
Senior Associate Justice Marvic Leonen wrote the unanimous decision. Several concurring opinions were also submitted.
With many lower courts engulfed in confusion, the Supreme Court (SC) has made it categorical: Drug suspects cannot plead guilty to a lesser offense without the consent of the prosecution and court orders granting such plea bargains are void.
In a 7-page decision on G.R. No. 247575, the SC 2nd Division annulled the August 24, 2018 order of the Naga City Regional Trial Court (RTC) Branch 24 granting the motion of Edwin Reafor to plea bargain over the opposition of the prosecution.
The SC also annulled the September 6, 2018 judgment of the RTC convicting Reafor after he pleaded guilty to the lesser offense of possession of paraphernalia, punishable by 12 to 20 years in prison and a fine of P300,000 to P400,000.
The SC remanded the case back to the trial court for further proceedings on Reafor’s original charge of selling two sachets containing 0.149 gram of shabu, punishable by life imprisonment and a fine of P500,000 to P10 million.
The case reached the SC as the Court of Appeals (CA) in a December 17, 2018 resolution threw out the prosecution’s petition due to “several procedural infirmities,” such as the failure to file a motion for reconsideration (MR) before the RTC and the belated filing of the petition before the CA.
But, the SC said the CA should have disregarded these lapses because this was a “clearly meritorious” case where “the higher demands of substantial justice must transcend rigid observance of procedural rules.”
It stressed that “a defendant has no constitutional right to plea bargain,” and a prosecutor does not need to accept the offer to plea guilty to a lesser offense if he prefers to go to trial and prosecute the proper offense based on the available evidence.
“Under the present Rules, the acceptance of an offer to plead guilty is not a demandable right but depends on the consent of the offended party and the prosecutor, which is a condition precedent to a valid plea of guilty to a lesser offense that is necessarily included in the offense charged,” read the decision penned by Senior Associate Justice Estela Perlas-Bernabe.
The SC added that in its February 18, 2020 decision in Sayre versus Xenos, it already upheld the validity of Department of Justice (DOJ) Circular Number 27, which mandates prosecutors to reject plea bargain proposals in certain serious drug cases and continue with the proceedings.
This naturally means that the prosecution cannot give the consent required for the approval of a plea bargaining offer.
“The continuing objection on the part of the prosecution based on DOJ Circular No. 27 will necessarily result in the parties’ failure to arrive at a mutually satisfactory disposition of the case that may be submitted for the trial court’s approval. In light of the absence of a mutual agreement to plea bargain, the proper course of action would be the continuation of the proceedings,” the SC said.
Thus, in Reafor’s case, the SC said his plea bargaining was void for lack of consent of the prosecution.
“Since the judgment of conviction rendered against respondent is void, it is only proper to resume with the trial of Criminal Case No. 2017-0053—which prior to respondent’s filing of his motion to plea bargain was at the stage of the prosecution’s presentation of evidence, without violating respondent’s right against double jeopardy,” the SC concluded.
Now-Chief Justice Alexander Gesmundo, and Associate Justices Amy Lazaro-Javier, Mario Lopez and Ricardo Rosario concurred in the decision.
Congrats po Sir. God bless you more!
Below is the write-up from the Supreme Court website:
Hon. Alexander G. Gesmundo is 27th Chief Justice
The Supreme Court today received the transmittal letter from the Office of the President on the appointment of Associate Justice Alexander G. Gesmundo as Chief Justice.
Chief Justice Gesmundo, the 27th Chief Justice of the Philippines, also took his oath before Senior Associate Justice Estela M. Perlas-Bernabe at the En Banc Session Hall this afternoon.
Associate Justice Marvic M.V.F. Leonen was also at the Session Hall while the rest of the Associate Justices and the Chief Justice’s immediate family witnessed the oath-taking via videoconferencing.
Chief Justice Gesmundo has to his credit 36 years of public service, with more than a decade and a half served in the Judiciary prior to his appointment to the top SC post. He will mandatorily retire when he turns 70 on November 6, 2026.
He earned his law degree from the Ateneo de Manila University in 1984. After passing the Bar Examinations in 1985, he entered government service as Trial Attorney in the Office of the Solicitor General (OSG). He was awarded Most Outstanding Solicitor in 1998. In 2002, he was promoted to Assistant Solicitor General.
While working for the OSG, he was on Seconded Appointment as Commissioner of the Presidential Commission on Good Government (PCGG) from July 1998 to February 2001. After 20 years with the OSG, Justice Gesmundo was appointed Associate Justice of the Sandiganbayan on October 15, 2005. He served as Chairperson of its 7th Division and as co-Chairperson of the anti- graft’s Committee on Rules. He was examiner in Remedial Law in the 2009 and 2015 Bar Examinations.
On August 14, 2017, he was appointed to the SC as its 178th magistrate.
As SC Associate Justice, he chaired the Technical Working Group for the Revision of the Law Student Practice Rule, and the
Organizing Committee for the 2019 Legal Education Summit. He is also Vice Chairperson of the Special Committee for the Rules of Procedure for Admiralty Cases, Special Committee for the Rules on Inspection (under the Philippine Competition Act), the Sub- Committee for the Revision of the 1997 Rules of Civil Procedure, the Special Committee on the Rules of Procedure in Election Contests before the First Level Courts. He is also a Member of the SC Committees on Computerization and Library, on the Revision of the Rules of Court and the Special Committee on Speedy Trial.
Chief Justice Gesmundo was a member of the Corps of Professors and a Professorial Lecturer of the Philippine Judicial Academy (PHILJA), particularly in remedial law. He was the Vice- Chairperson of the PHILJA’s Department of Remedial Law. He was the Examiner in Remedial Law in the 2009 and 2015 Bar examinations. He has taught various remedial law subjects at the Ateneo de Manila University, the Lyceum of the Philippines University, and the University of Perpetual Help, Las Piñas City.
Likewise, Justice Gesmundo was a member of the core committee of the National Conference for the Revision of the Rules of Civil Procedure, a joint project of the Supreme Court, the UP Law Center, the PHILJA, and the Integrated Bar of the Philippines (IBP). He is a member of the Committee on the Updating of the Benchbook for Philippine Trial Courts (Revised and Expanded) and of the Court of Tax Appeals 2004 Committee on Revision of the Rules of the Court of Tax Appeals. Before he started his public career, he worked as Research Analyst from 1977 to 1979, with Business Day Corporation, publisher of the business newspaper Business Day and Top 1000 Corporations of the Philippines wherein a few of his articles were published. He also worked as Market Research Officer at the Office of the Australian Trade Commissioner, Australian Embassy, Manila from 1979-1980, and continued as its Marketing Officer in 1980- 1985.
Source: https://sc.judiciary.gov.ph/17999/
Today is my 16th year as a lawyer!
It was May 5, 2005 when I was formally admitted as member of the Philippine Bar after passing the 2004 Bar Examinations. Grabe!!! Thank you LORD!
Pero sa totoo lang, this lawyering thing was not part of my “when I grow up” dream. I never really imagined myself becoming a lawyer someday. And when the interest to study law came to me while I was in my last year in college, I prayed hard for it. I asked for signs from the LORD if this is His will in my life.
And then the challenge of informing my parents about it came. My Gad! Grabe yung effort. Had to make sure na okay ang timing at nasa good mood sila pareho. I first told my Gwamah about it and she was a little disappointed because she wanted me to study medicine. I told her mahina ako sa science and math so medicine is a NO for me.
As expected, my parents were surprised to learn about my decision. Dad had to asked me several times if “sure ka ba dyan?”. After giving him my confirmation I saw him smile and told me that he will support me all the way. Mom was also supportive but worried about our family’s finances. I told her I will continue working so that I could help them with the burden. My ninong and uncle, Former Presiding Judge Tranquil Salvador Jr., gave me so much encouragement and tips on how to prepare myself for law school and he told me “dapat gusto mo talaga kasi kung wala yung heart and mind mo, you won’t survive it”.
Law school was oh so difficult. I was so overwhelmed with the tasks—-so many things to read, so many things to memorize, so many books to buy, so many Supreme Court decisions to read/digest—and the anxiety attacks during recitations and examinations. It was God’s grace that I was able to survive law school without any failing mark.
Then the review for the bar exams came and haaay grabe! Had to sacrifice my social life, failed to attend several family gatherings, broke four (4) coffee makers while reviewing, unable to spend time with the boyfriend, sleepless and looking like a zombie, haaay! so on and so forth……
Passing the bar exams is definitely one of the greatest events of my life! Overjoyed and overwhelmed. I cried bucket of tears when I took my oath as a lawyer and was super smiling when I signed that big book and got my roll number. Yes!!!!!
Siyempre I was excited to practice my profession but unable to do so since I was then working as a program officer in a regional non-government organization. I was not allowed to practice and I could not resign yet since so many projects are assigned to me including an international gender training. This did not stop me though from accepting cases, giving legal advice and attending court hearings.
The breakthrough came when I entered government service in 2009. Being a government lawyer for the poor was a great experience for me. Although I am swamped with thousands of cases I learned a lot from it and was able to somewhat overcome my court fright. After almost eight years I was promoted and now the officer-in-charge at my present work station.
Looking back, I can’t help but thank God for all these blessings. Without His help I would not be able to survive all the challenges. I would like to honor my parents and siblings for the love and support they have given me. I lovingly remembered my Gwamah who loved me unconditionally. (She died a year after my college graduation). To all my friends who criticized me and could not believe that I became a lawyer, thank you he he he. Relatives/cousins in the legal profession who supported me in this dream, thank you! To my Chief, RPAs, OICs, co-employees….maraming salamat!
To GOD be all the glory!
Sarap ng food. Saya ng experience.
The place is just a few blocks away from The Partridge House (our home away from home for two weeks)
THE PLACE
THE FOODIES
THE HAPPY PREJUD BABIES (Atty Beer, Atty Chin, Atty Me and Atty Lu)
House of Lechon, Acacia Street, Cebu City
Wala pa si COVID 19 during this food tripping time kaya malayang naka-rampa ang beauty at naka-lafang ng mga masasarap na foodies sa Cebu City!
Siomai sa Tisa/Siomai sa Busay
Inihaw na Mais at Saging na Saba sa Sirao Flower Garden
Tinapay sa Leona Cakes and Pastries, Ayala Center, Cebu City
Foodies at Ube Beer sa La Vie Parisienne Wine Bar
Native Cebu Snack/Ulam
I forgot the name of this delicious foodie….parang turon na parang lumpia
Ang sarap nito in fairness…..
Thank you LORD!!!
Oh My Kwento!!!! 