Bolos v. Bolos

GR 186400
October 20, 2010


Facts:

            On the petition for declaration of nullity of marriage filed by Cynthia Bolos dated July 10, 2003, RTC rendered a decision dated August 2, 2006 declaring the marriage celebrated by the parties on February 14, 1980 null and void ab initio on the grounds of psychological incapacity on the part of both parties. Danilo received the decision on August 25, 2006 and immediately filed Notice of Appeal on September 11, 2006. RTC denied Notice of Appeal in an order dated Sept 19 for Danilo’s failure to file required motion for reconsideration or new trial in violation of Sec 20 of A.M. No. 02-11-10-SC otherwise known as “Rule on declaration of absolute nullity of void marriages and annulment of voidable marriages”. CA reversed denial stating that motion for reconsideration as a prerequisite to appeal under A.M. No. 02-11-10-SC did not apply in the case because it was only applicable “to those marriages entered into during the effectivity of the Family Code which took effect on August 3, 1988”. But petitioner insists A.M. No. 02-11-10-SC governs this case.

Issue: W/N A.M. No. 02-11-10-SC is applicable at bar

Held: 

          No. SC upholds decision of CA. Section 1 of A.M. No. 02-11-10-SC states the scope in this wise “this Rule shall govern petitions for declaration of nullity of void marriages and annulment of voidable marriages under the Family Code of the Philippines”. The Family Code only took effect on August 3, 1988. It being a clear and plain, it must be given its literal meaning and there is no room for interpretation or construction, only application.