FIRST DIVISION
[G.R. No. 244073. June 19, 2019.]
JUAN MIGUEL T. BERNAL, petitioner, vs.MARIA ELLEN MAGSAJO-BERNAL, REPUBLIC OF THE PHILIPPINES, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 19, 2019which reads as follows:
"G.R. No. 244073 (Juan Miguel T. Bernal v. Maria Ellen Magsajo-Bernal, Republic of the Philippines). — The motion for extension of time to file petition for review on certiorari filed by petitioner is GRANTED.
After review, the Court resolves to DENY the petition for failure of petitioner to show any reversible error in the assailed ruling. The Court of Appeals (CA) correctly affirmed the Regional Trial Court's finding that petitioner's unhappiness with his marriage is not psychological incapacity in itself. Petitioner has the burden to prove the nullity of his marriage and he failed to discharge his burden. Absent any clear showing of abuse, arbitrariness, or capriciousness committed by the lower court, its findings of facts, especially when affirmed by the CA, as in this case, are accorded respect if not finality and are considered binding on this Court. HTcADC
WHEREFORE, premises considered, the petition is DENIED. The Decision dated March 27, 2018 and Resolution dated January 14, 2019 of the Court of Appeals in CA-G.R. CV No. 108386 are hereby AFFIRMED.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court