Practice question
A claimant seeks damages solely because the other party obtained nullity of their marriage, while the court finds no concealment and an honestly shared mistaken belief on the decisive prior-divorce issue. What does Mercado caution against?
- Treating the nullity result as automatic proof of abusive bad faith
- Examining the parties’ knowledge at all
- Distinguishing nullity from damages
- Requiring proof of malice
- Assessing the evidence rather than labels
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles19–21.
- Globe Mackay v Court of Appeals GR81262 August25,1989 MAIN: https://lawphil.net/judjuris/juri1989/aug1989/gr_81262_1989.html Abusive manner and malicious complaints distinguished from underlying rights.
- Mercado v Ongpin GR207324 September30,2020 MAIN: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/67004 Damages require proved malice or bad faith.
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