Ochosa v. Alano
Ochosa v. Alano
Ochosa v. Alano
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Ochosa vs.Alano
LEONARDO-DE CASTRO, J.:
This is a petition for review on certiorari under Rule 45
of the Rules of Court seeking to set aside the Decision1
dated October 11, 2004 as well as the Resolution2 dated
March 10,
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„It appears that Jose met Bona in August 1973 when he was a
young lieutenant in the AFP while the latter was a seventeen-year-
old first year college drop-out. They had a whirlwind romance that
culminated into sexual intimacy and eventual marriage on 27
October 1973 before the Honorable Judge Cesar S. Principe in
Basilan. The couple did not acquire any property. Neither did they
incur any debts. Their union produced no offspring. In 1976,
however, they found an abandoned and neglected one-year-old baby
girl whom they later registered as their daughter, naming her
Ramona Celeste Alano Ochosa.
During their marriage, Jose was often assigned to various parts
of the Philippine archipelago as an officer in the AFP. Bona did not
cohabit with him in his posts, preferring to stay in her hometown of
Basilan. Neither did Bona visit him in his areas of assignment,
except in one (1) occasion when Bona stayed with him for four (4)
days.
Sometime in 1985, Jose was appointed as the Battalion
Commander of the Security Escort Group. He and Bona, along with
Ramona, were given living quarters at Fort Bonifacio, Makati City
where they resided with their military aides.
In 1987, Jose was charged with rebellion for his alleged
participation in the failed coup dÊetat. He was incarcerated in Camp
Crame.
It appears that Bona was an unfaithful spouse. Even at the onset
of their marriage when Jose was assigned in various parts of the
country, she had illicit relations with other men. Bona apparently
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did not change her ways when they lived together at Fort Bonifacio;
she entertained male visitors in her bedroom whenever Jose was
out of their living quarters. On one occasion, Bona was caught by
Demetrio Bajet y Lita, a security aide, having sex with JoseÊs driver,
Corporal Gagarin. Rumors of BonaÊs sexual infidelity circulated in
the military community. When Jose could no longer bear these
rumors, he got a military pass from his jail warden and confronted
Bona.
During their confrontation, Bona admitted her relationship with
Corporal Gagarin who also made a similar admission to Jose. Jose
drove Bona away from their living quarters. Bona left with Ramona
and went to Basilan.
In 1994, Ramona left Bona and came to live with Jose. It is Jose
who is currently supporting the needs of Ramona.
Jose filed a Petition for Declaration of Nullity of Marriage,
docketed as Civil Case No. 97-2903 with the RTC of Makati City,
Branch 140, seeking to nullify his marriage to Bona on the ground
of the latterÊs psychological incapacity to fulfill the essential
obligations of marriage.
Summons with a copy of the petition and its annexes were duly
served upon Bona who failed to file any responsive pleading during
the reglementary period.
Pursuant to the order of the trial court, the Public Prosecutor
conducted an investigation to determine whether there was
collusion between the parties. Said prosecutor submitted a report
that she issued a subpoena to both parties but only Jose appeared;
hence, it can not be reasonably determined whether or not there
was collusion between them.
Trial on the merits of the case ensued. Petitioner along with his
two military aides, Gertrudes Himpayan Padernal and Demetrio
Bajet y Lita, testified about respondentÊs marital infidelity during
the marriage.
The fourth and final witness was Elizabeth E. Rondain, a
psychiatrist, who testified that after conducting several tests, she
reached the conclusion that respondent was suffering from
histrionic personality disorder which she described as follows:
„Her personality is that she has an excessive emotion and
attention seeking behavior. So therefore they donÊt develop
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said marriage from its Civil Registry, and the Local Civil Registrar
of Makati City for its information and guidance.‰5
5 Id., at p. 46.
6 Id., at p. 39.
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526
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9 Id., at pp. 676-680; p. 213.
10 397 Phil. 840, 850; 343 SCRA 755, 760 (2000).
11 Toring v. Toring, G.R. No. 165321, August 3, 2010, 626 SCRA 389.
12 G.R. No. 161793, February 13, 2009, 579 SCRA 193.
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20 TSN, March 3, 1998, p. 8.
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21 TSN, September 14, 1998, p. 8.
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Q: Other than the interviews what else did you do in order to evaluate
members of the parties?
A: I also interviewed (sic) the transcript of stenographic notes of the
testimonies of other witnesses, maÊam.
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Q: Was there also a psychological test conducted on the respondent?
A: Yes, your honor.
Q: It was on the basis of the psychological test in which you based your
evaluation report?
A: It was based on the psychological test conducted and clinical
interview with the other witnesses, your Honor.22
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23 Suazo v. Suazo, G.R. No. 164493, March 12, 2010, 615 SCRA 154.
24 Padilla-Rumbaua v. Rumbaua, G.R. No. 166738, August 14, 2009,
596 SCRA 157, 181.
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Ochosa vs.Alano
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A: Yes, maÊam.
Q: But very near each other?
A: Yes, maÊam.
Q: You know them because of the proximity of the quarters?
A: Yes, maÊam.
Q: It was only during this 1980 to 1983, three (3) years that you lived
together that you have a chance to be with the spouses?
xxxx
A: Since 1980 to 1983 we lived together in the same house.
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Q: Now, Madam Witness, after 1983, where did you reside together
with your husband?
A: In Cagayan de Oro and in 1986 we came back to Manila, in Fort
Bonifacio.
Q: You mean, in the same house where petitioner and the respondent
lived together?
A: Yes. MaÊam.
Q: How long did you live in the house where the petitioner and the
respondent stay?
A: Twelve years now since 1983 to 1995.
Q: Where was the petitioner working at that time, from 1982 to 1995?
A: He is a soldier, a Colonel.
Q: Do you know where he was assigned during this time?
A: Yes, maÊam, G-3.
Q: May we know where this G-3 is?
A: Fort Bonifacio, maÊam.
Q: What about the wife, where does she stay?
A: At Fort Bonifacio, in their house.26
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