09/07/2026
βοΈ BGS LAW FIRM | SUPREME COURT UPDATE βοΈ
Mutual Desire to End a Marriage β Collusion π΅π
The Supreme Court has issued a significant ruling in family law that every Filipino should understand. π
In Republic v. Ramoran-Wong (G.R. No. 276986), the Third Division through the ponencia of Associate Justice Maria Filomena D. Singh held that the mutual desire of spouses to end their marriage is not, by itself, sufficient to prove collusion in a Petition for Declaration of Nullity of Marriage.
KEY TAKEAWAYS π
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Collusion refers to a secret agreement between spouses to fabricate, fake, or suppress evidence in order to obtain a decree of nullity without valid grounds.
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A spouse's non opposition, lack of objection, or failure to file an answer does not automatically amount to collusion.
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The State, through the public prosecutor, must still participate to guard against collusion but suspicion alone cannot defeat a meritorious petition.
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In this case, the marriage was declared void ab initio on the ground of psychological incapacity under Article 36 of the Family Code, established through clear and convincing evidence.
WHY IT MATTERS ποΈ
This ruling balances two vital interests: protecting the sanctity of marriage as an institution imbued with public interest, while ensuring that genuine petitioners are not denied relief on unfounded presumptions of collusion.
At Benavides, Go & Suarez (BGS) Law Firm, we provide clear, competent, and compassionate legal counsel on family law matters including annulment, declaration of nullity, psychological incapacity, and related proceedings. πΌ
π 2/F Room 2B, JPR Building, R. Landon St. cor. Jakosalem St., Cebu City