FIRST DIVISION
[G.R. No. 232981. November 20, 2017.]
JOSEPH G. GEMENTIZA, petitioner,vs. REPUBLIC OF THE PHILIPPINES and HAZEL M. GEMENTIZA, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedNovember 20, 2017, which reads as follows: EcTCAD
"G.R. No. 232981 (Joseph G. Gementiza v. Republic of the Philippines and Hazel M. Gementiza)
After review of the records, the Court resolves to DENY the petition and AFFIRM the Court of Appeals' (CA) Decision dated June 29, 2017 in CA-G.R. CV No. 04076-MIN for failure to sufficiently show that the CA committed any reversible error in reversing the Decision dated January 23, 2015 of the Regional Trial Court of Prosperidad, Agusan del Sur, Branch 6.
As correctly held by the CA, the petitioner failed to discharge the burden of proof to show that respondent suffered from psychological incapacity. Other than his self-serving testimony, no other compelling evidence was adduced to show the alleged incapacity of respondent. The psychological report of Dr. Lim was based mostly on hearsay and the self-serving information provided by petitioner. It also failed to clinically and sufficiently prove the root cause of respondent's psychological incapacity. Thus, petitioner's petition for declaration of nullity of marriage under Article 36 of the Family Code must fail.
Moreover, petitioner failed to submit a verified declaration of the signed petition for review on certiorari and its annexes pursuant to A.M. Nos. 10-3-7-SC and 11-9-4-SC.
The Cash Collection and Disbursement Division is DIRECTED to RETURN to the petitioner the excess payment for the legal fees in the amount of P1,070.00 under O.R. No. 0191452-SC-EP dated August 15, 2017.
SO ORDERED."
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court