Professional Documents
Culture Documents
Patchouli
Garlet vs. Garlet
Yolly and Vencidor met each other through a common friend. Vencidor courted
Yolly and they became close. One day, after partying and drinking, they lost their
inhibitions and indugled in sexual intercourse. As a result, Yolly got pregnant and gave
birth to Michael. Vencidor doubted if he fathered the unborn child and refused to
support them. He urged Yolly to have an abortion but she didn’t agree. During her
pregnancy, Vencidor never visited her nor gave financial assistance. When Michael
was born, Vencidor visited only once. To support Michael, Yolly left for Japan to work
as a cultural dance. She left Michael to her mother and siblings in Bicol. When she
returned, she took back Michael to live with her in Manila. Vencidor visited them
several times but never offered any money as he was jobless. For four more years,
Yolly worked in Japan, but she maintained her relationship with Vencidor for the sake
of their son. Sometime in 1992, Yolly instructed Vencidor to look for a piece of property
as an investment. With the money received from Yolly, Vencidor bought a 210sqm lot
in Rizal but registered such property in his name. Despite Yolly’s pleas, Vencidor
refused to transfer said title. Later on, Vencidor sold a portion of the property without
Yolly’s consent. He also mortgaged the property so Yolly was forced to redeem it for
P50,000. Yolly bought another lot in Laguna. Vencidor insisted on including his name
as one of the buyers even though he was jobless and had no money. It was also in
1992 that Yolly and Vencidor started living together. They often quarreled but Vencidor
stayed with Yolly because she was the breadwinner of the family. He asked her to
marry him. Thinking it was for the best interest of their son, Yolly agreed. After they
got married, Vencidor turned into a “selfish, greedy, irresponsible, philandering and
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physically abusive husband.” Yolly hoped that he would change after the birth of their
second child, Michelle. However, he never changed. Worse, he maintained his vices
of gambling, drinking, and womanizing. Due to financial difficulties, Yolly had to return
to Japan to work. When she came back, she was devastated because Vencidor had
squandered her hard-earned money, pawned her jewelry, and incurred debts in her
name. Also, she learned that Vencidor allowed a “male friend” to sleep in the master’s
bedroom. According to Yolly, this was highly unusual as they never allowed anyone to
sleep at their house. They were fighting constantly. In 2001, they had a serious
altercation during which, Vencidor strangled Yolly. They tried to settle their marital
issues before the barangay. There, Vencidor admitted taking Yolly’s money and
jewelry because he had no means to support himself and the family. Realizing that
there was no more love and respect between them and that respondent was just using
her, Yolly finally separated from Vencidor. They executed an agreement wherein they
agreed that Vencidor would leave the house in exchange for the jeepney, tricycle, and
P300,00. He would also have visitation rights (twice a week) over their children. Since
the separation Yolly had been solely supporting their children with the income from
her businesses. Yolly filed for support alleging that she had been spending for
The couple underwent psychological evaluations. The results showed that Yolly
was not psychologically incapacitated to comply with her marital and family duties. On
the other hand, Vencidor was found to be suffering from Narcissistic Type of
practical sounding cognitive skills that enables her to confront her challenges
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in an efficient manner. However, her better judgment and analytical functions
being gullible such that she normally gets the raw end of a deal in most social
especially with her loved ones, trying to compensate for lost time when she is
3. She is however, the type who knows and honors her commitments and
obligations even if the people she trusts, as in the case of her wayward husband
positive traits easily dwindle when her sentimental nature gets the better of her.
She welcomes praises and attention accorded to her by her milieu such that
she sometimes fail to decipher who among them are merely taking advantage
5. Assertiveness and strength of character are the least among her traits but
in life despite her failures. She is very sensitive and considerate of the feelings
of other people.
Over-all analysis of the test data failed to yield traces of any on-going
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obligations. The same could not be said as true for the Respondent who is
1. He is unable to maintain his own direction in life without the financial help and
sacrificing to be away from home to be able to build up a stable future, for his
3. He is contented with his present lifestyle without thought of others and has no
5. He has a very poor impulse control, easily using invectives/verbal tirades and
at times unable to control his aggressions that physical fights with Petitioner
arose.
not fulfilling his part of the marriage covenant. He never cared nor attended to
his children but often delegated them to whoever would be willing to assist him.
7. He appears not to make use of his judgment and decision making abilities as
he is under the mercy of his immature impulses where the important aspect of
his life, is himself and immediate gratification of his needs. Thus, attending to
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are beyond his capacity. Conclusively, the breakdown of their marriage could
insecurity in dealing with mature roles. Respondent's traits and attitudes have
been present even before marriage so that to effect any change or improvement
accepted it as his means of coping with stressing life demands and is not aware
that it was the source of their estrangement and final breakdown of their marital
relationship.
The RTC declared the marriage null and void on the ground of psychological
children was awarded to Yolly, subject to the visitorial rights of Vencidor. He was
likewise made liable for P3,000 a month as financial support for the kids. CA reversed
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How will you prepare for mediation if you are the lawyer for one of the disputing
parties?
If I were the lawyer for one of the parties, I will keep in mind what Dr. Julie
Macfarlane wrote in The Evolution of the New Lawyer: How Lawyers are Reshaping
the Practice of Law. I will not forget that the law profession is evolving; hence, there is
lawyer. Dr. Macfarlane highlights the importance of utilizing skills in different ways and
lawyer, I must possess excellent client communication skills, good writing skills, and
persuasive oral advocacy skills. This means that, as a lawyer for one of the disputing
parties, I must prepare and present myself as “conflict resolver” rather than a warrior
lawyer.
To achieve this, I should learn and always remind myself that I should not dwell
entirely on rights-based arguments. Further, this means that I should minimize looking
for possible lapses or holes in the other party’s case. I should also learn how to
effectively and efficiently exchange information with the lawyer of the other party in
order to facilitate exchange of ideas. After all, some goals of the mediation process
are almost always information exchange and the exploration of new options and
alternatives. Wearing the hat of the lawyer for one of the parties also means adopting
a mindset of a new, evolving lawyer. In this regard, I should rely on the presumption
that negotiation is feasible in almost all cases that I will handle save for some
exceptional cases. Further, I should keep in mind that my client may consider me as
In the case of Yolly and Vencidor, as lawyer of either party, I will try my best to
understand the situation of both parties. This means that I should also take into
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consideration the feelings, thoughts, and suggestions of the other party. As a “conflict
resolver”, I will need to understand that not every conflict centers on rights and
entitlements. In this regard, I should consider that it could be a way or disguise for one
party to hide his or her hurt feelings, sadness, anger, and other emotions. However, it
should not appear that I’m favoring the other party by being “too accommodating” so
that my client will not construe my actions as a way of casting aside his or her interests
for the other party. Nevertheless, I should never forget that my role is to help my client
learn and identify what he or she really needs. My role also calls for pinpointing and
minimizing potential risks and maximizing rewards for the client. In all, I should adopt
this mindset: I must be able to come up with the best possible outcome for my client
which should be, more or less, in the form of a win-win settlement using effective
negotiation. As a lawyer for either party, I should remember that I’m negotiating
After I have mentally prepared myself, my next step involves preparing my client
for mediation. I believe that it is important to prepare the client because his or her
that the parties themselves set aside their differences and come up with an acceptable
agreement. Mediation is not about a lawyer imposing on his or her client what should
be. Rather, the lawyer should merely assist or guide his or her client in reaching an
agreement. At the end of the day, the agreement must be a product of the parties
themselves. The lawyer must assist, not dictate. Mediation respects free will and
voluntariness. I can prepare my client for mediation by briefing him or her of the facts
and changes in the case. Also, I will try to make my client understand the interests of
the other party. I know this will be more challenging if my client is the aggrieved party.
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In this case, if I were the lawyer of Yolly, I will try to uncover her interests. If I
wore the hat of a warrior lawyer, I will go as far as arguing before the Supreme Court.
The lawyer of Yolly, in this case, failed to prove that Vencidor is incapable of
performing his marital obligations. Hence, the Court ruled that the marriage remains
to be valid and in effect. Garlet vs. Garlet teaches us that a lawyer who opts to be a
warrior lawyer must hit a higher threshold to have his or her client’s marriage dissolved
because the law values marriage. In other words, the warrior lawyer must carefully
plan out the case because once the Supreme Court makes a decision it is considered
final. It could mean that there is less room for mistakes. It could also mean that there
is lesser room for negotiation because the parties are bound by legal procedures and
technicalities. It is different in mediation. I’m not trying to say that a lawyer has more
room to make mistakes in mediation proceedings. What I’m trying to say is that there
is room for negotiation not bound by technicalities. In this case, instead of trying to
prove the incapacity of the other party, I will do the following during the mediation
proceedings. First, I will assess the situation of Yolly by looking into her interests. At
the outset, it seems that she wants her marriage dissolved because of the alleged acts
of her husband, lack of support, etc. That is her position. Her interest, if I may guess,
is the well-being of the children. Why does she want to have the marriage dissolved?
It’s because she wants full custody of her children. My next step will be to assess the
circumstances of the other party. Yolly is demanding support from her husband and is
alleging that the latter is remiss in his duties as a father. In this regard, I will also
consider the situation of Vencidor in terms of financial means and other ways to
provide and care for the children. I will assess the interests of Vencidor. My guess
would be that his interest lies in his children. In addition, it seems that he is interested
in saving the marriage. Based on the findings of the Court, the concern of Vencidor for
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his children stands out. The third step involves having the parties discuss about their
interests. As a lawyer for either party, I will try to drop suggestions that will lead them
towards a common interest - their children. Yolly is not interested in saving the
marriage anymore while Vencidor still hopes that it could be saved. I will not impose
that they dwell on this matter. I suggest that they focus on their children. It’s important
for me not to be too suggestive so that it would not appear than I’m imposing what I
want. If the parties will come into agreement, well and good. However, if they are not
able to settle their differences, I will “interfere” by constantly reminding them of their
common interest. In the unfortunate case that they will not settle, then maybe it’s time
In all, the preparation involves two main steps namely: 1) preparing myself and
2) preparing the client. The first part largely involves assessment of personal qualities
and weaknesses, and internalizing what you want to achieve. On the other hand, the
allowing them to discuss the matters and trying to lead them to an agreement, and 4)
If you are tasked to mediate the same case, how do you intend to prepare for and
Wearing the mediator hat is quite challenging because the lawyer is required to
being objective, neutral, and the like. The mediator is also required to maintain
communication. The parties feel at ease so they are more likely to share information.
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The reluctance is, in most cases, minimized. As a result, information exchange is
effectively achieved. These traits are often tested because of temptations and the
If I were to mediate the case of Yolly and Vencidor, I will first introduce myself
and set the ground rules. I will make it a point to let them feel comfortable. Also, I will
inform them that they should minimize using foul or harsh language because it will
cause them more trouble. I will tell them that even though an agreement will not be
reached it is not enough reason for them to hurt each other even more. The next thing
that I will do is to allow them to speak one by one. If it appears that their personalities
are totally different such as when one is too talkative while the other too submissive, I
will try to fish out more answers from the latter. However, I should be careful because
I don’t want to appear that I’m biased towards the submissive party. If the exchange
of information goes well, then a joint discussion will suffice. I will also suggest that they
have their own private discussion. I highly recommend this if it appears that they will
be able to settle their differences on their own. I believe that is the hallmark of an
excellent mediator. Being able to mediate “as little as possible.” For me, mediating too
much might appear that I’m dictating or imposing what I want on the parties. This
doesn’t mean that I will do my job less. What I’m trying to say is that I will only mediate
or interfere when appropriate and necessary. I should not be the one holding the reins.
Rather, it should be the parties. Being a mediator means being the “invisible force”
that guides the parties. However, if it gets too tense or when a party does not seem to
cooperate well, I will suggest a private discussion. I will talk to them separately.
After talking to them separately, I will summarize their points and transform
them into common interests. I will read to them my summary and allow them to object
if necessary. This is when I will identify the issues as well. This is important because
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this enables them to feel that they are appreciated or that I’m listening to them. I will
use both active and passive listening. In this case, I will try to emphasize that the main
issue is about the welfare of the children. I will not insist on saving the marriage
because that is not the common interest of both parties. Yolly doesn’t want to save the
marriage. Vencidor, on the other hand, wants to save the marriage. What is apparent
in their case is the fact that they both care for the children. Hence, I will focus on that
matter. If and when an agreement is reached, I will make sure that they know fully the
terms of such agreement. On the other hand, if they fail to settle, I will not impose that
they try to mediate again against their consent. It would offend the principles of
mediation. I should keep in mind that not all cases can be mediated. However, it
doesn’t mean that I should try less. I will always remember what I’ve learned in my
mediation class.
What I’ve learned could be summarized into three key takeaways. First,
personal assessment and internalization will get you far. A mediator must fully know
himself or herself. Second, interests over positions. When bargaining with positions,
parties are less likely to budge. When dealing with interests, however, parties are more
likely to concede because there is commonality of interests. It’s simply a matter of I’m
interested in this. You’re interested as well. We can talk it out. Third, wearing the
mediator hat daily. I learned in this class that you don’t have to be in a “real” mediation
proceeding in order to wear the mediator hat. Issues manifest themselves in many
forms. More often than not, they arise in our daily life. Wearing the mediator hat daily
means that you make a conscious effort to understand the situation of others. It means
being more sensitive and more kind. It means being a better person. It means that you
are not only doing good in your profession but in every aspect of your life. For me,
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