Pacete vs. Carriaga, Jr.
Pacete vs. Carriaga, Jr.
THIRD DIVISION.
322
322
Rollo, p. 49.
Ibid., p. 50.
324
32
4
No. 2650 (74) in the name of Enrico Pacete, situated in the Poblacion
of Kidapawan, North Cotabato, together with all its improvements,
which parcel of land, as shown by Exhibits K-1 was acquired by
way of absolute deed of sale executed by Amrosio Mondog on
January 14, 1965.
3. 3. A parcel of land covered by Transfer Certificate of Title No. T-20424
and covered by Tax Declaration No. 803 (74), with an area of 5.1670
hectares, more or less, as shown by Exhibit R, the same was
registered in the name of Enrico Pacete and the same was acquired by
Enrico Pacete last February 17, 1967 from Ambag Ampoy, as shown
by Exhibit R-1, situated at Musan, Kidapawan, North Cotabato.
4. 4. A parcel of land situated at Lanao, Kidapawan, North Cotabato, with an
area of 5.0567 hectares, covered by Tax Declaration No. 4332 (74), as
shown by Exhibit S, and registered in the name of Enrico Pacete.
5. 5. A parcel of land covered by Transfer Certificate of Title No. T-9750,
situated at Lika, Mlanng, North Cotabato, with an
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3
325
32
6
327
32
8
Article 103 of the Civil Code, now Article 58 of the Family Code,
further mandates that an action for legal separation must in no
case be tried before six months shall have elapsed since the filing
of the petition, obviously in order to provide the parties a
cooling-off period. In this interim, the court should take steps
toward getting the parties to reconcile.
The significance of the above substantive provisions of the law
is further underscored by the inclusion of the following provision
in Rule 18 of the Rules of Court:
SEC. 6. No defaults in actions for annulments of marriage or for legal
separation.If the defendant in an action for annulment of marriage or for
legal separation fails to answer, the court shall order the prosecuting attorney
to investigate whether or not a collusion between the parties exists, and if
there is no collusion, to intervene for the State in order to see to it that the
evidence submitted is not fabricated.
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In any case, the court shall order the prosecuting attorney or fiscal assigned to it to take
steps to prevent collusion between the parties and to take care that the evidence is not
fabricated or suppressed.
10
Rollo, p. 95.
330