Psychological incapacity, which a ground for annulment of marriage (which is different from divorce), contemplates downright incapacity or inability

to take cognizance of and to assume the basic marital obligations; not a mere refusal, neglect or difficulty, much less, ill will, on the part of the errant spouse. Irreconcilable differences, conflicting personalities, emotional immaturity and irresponsibility, physical abuse, habitual alcoholism, sexual infidelity or perversion, and abandonment, by themselves, also do not warrant a finding of psychological incapacity. Among the grounds for annulment of marriage, psychological incapacity is the more (if not the most) commonly used. It is also one of the more controversial provisions of the Family Code (Article 36). The guidelines (shortened here) in the interpretation and application of Article 36 were handed down by the Supreme Court in Molina: 1. The plaintiff (the spouse who filed the petition in court) has burden of showing the nullity of the marriage. Our laws cherish the validity of marriage and unity of the family, so any doubt is resolved in favor of the existence/continuation of the marriage. 2. The root cause of the psychological incapacity must be (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision. Article 36 of the Family Code requires that the incapacity must be psychological not physical, although its manifestations and/or symptoms may be physical. Expert evidence may be given by qualified psychiatrists and clinical psychologists. 3. The incapacity must be proven to be existing at the time of the celebration of the marriage. The evidence must show that the illness was existing when the parties exchanged their I dos. The manifestation of the illness need not be perceivable at such time, but the illness itself must have attached at such moment, or prior thereto. 4. Such incapacity must also be shown to be medically or clinically permanent or incurable. Such incurability may be absolute or even relative only in regard to the other spouse, not necessarily absolutely against everyone of the same sex. Furthermore, such incapacity must be relevant to the assumption of marriage obligations, not necessarily to those not related to marriage, like the exercise of a profession or employment in a job. 5. Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage. Thus, mild characteriological peculiarities, mood changes, occasional emotional outbursts cannot be accepted as root causes. 6. The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the same Code in regard to parents and their children. Such non-complied marital obligation(s) must also be stated in the petition, proven by evidence and included in the text of the decision. 7. Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts.

8. The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state. No decision shall be handed down unless the Solicitor General issues a certification, which will be quoted in the decision, briefly stating therein his reasons for his agreement or opposition, as the case may be, to the petition. Lets examine some recent Supreme Court cases on what constitutes or doesnt constitute psychological incapacity. In Antonio vs. Reyes (G.R. No. 155800, 10 March 2006) , the Supreme Court sustained the nullity of the marriage based on the psychological incapacity of the wife (respondent). As concluded by the psychiatrist, the wifes repeated lying is abnormal and pathological, and amounts to psychological incapacity (for the digest or a more detailed discussion of the case, click here). On the other hand, in Republic vs. Quintero-Hamano (G.R. No. 149498, 20 May 2004) , the wife alleged taht her husband, a Japanese, failed to meet his duty to live with, care for and support his family. He abandoned them a month after the marriage. The wife sent him several letters but he never replied. He made a trip to the Philippines but did not care at all to see his family. However, while the husbands act of abandonment was doubtlessly irresponsible, it was never alleged nor proven to be due to some kind of psychological illness. Aside from the abandonment, no other evidence was presented showing that the husbands behavior was caused by a psychological disorder. Its not enough to prove that a spouse failed to meet his responsibility and duty as a married person; it is essential that he must be shown to be incapable of doing so due to some psychological, not physical, illness. Although, as a rule, there was no need for an actual medical examination, it would have greatly helped the wifes case had she presented evidence that medically or clinically identified his illness. This could have been done through an expert witness.

In Republic v. Court of Appeals,[14] this Court created the Molina guidelines to aid the courts in the disposition of cases involving psychological incapacity, to wit:

(1)

Burden of proof to show the nullity of the marriage belongs to the plaintiff. (2) The root cause of the psychological incapacity must be: (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision. (3) The incapacity must be proven to be existing at the time of the celebration of the marriage. (4) Such incapacity must also be shown to be medically or clinically permanent or incurable.

Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage. (6) The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as regards the husband and wife, as well as Articles 220, 221 and 225 of the same Code in regard to parents and their children. Such non-complied marital obligation(s) must also be stated in the petition, proven by evidence and included in the text of the decision. (7) Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts. (8) The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state. No decision shall be handed down unless the Solicitor General issues a certification, which will be quoted in the decision, briefly stating therein his reasons for his agreement or opposition, as the case may be, to the petition.[15]

(5)

This Court, pursuant to Supreme Court Administrative Matter No. 02-11-10, has modified the above pronouncements, particularly Section 2(d) thereof, stating that the certification of the Solicitor General required in the Molina case is dispensed with to avoid delay. Still, Article 48 of the Family Code mandates that the appearance of the prosecuting attorney or fiscal assigned be on behalf of the State to take steps to prevent collusion between the parties and to take care that evidence is not fabricated or suppressed.[16] Petitioner anchors his petition on the premise that the allegations contained in respondents petition are insufficient to support a declaration of nullity of marriage based on psychological incapacity. Specifically, petitioner contends that the petition failed to comply with three of the Molina guidelines, namely: that the root cause of the psychological incapacity must be alleged in the complaint; that such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage; and that the non-complied marital obligation must be stated in the petition.[17] First, contrary to petitioners assertion, this Court finds that the root cause of psychological incapacity was stated and alleged in the complaint. We agree with the manifestation of respondent that the family backgrounds of both petitioner and respondent were discussed in the

complaint as the root causes of their psychological incapacity. Moreover, a competent and expert psychologist clinically identified the same as the root causes. Second, the petition likewise alleged that the illness of both parties was of such grave a nature as to bring about a disability for them to assume the essential obligations of marriage. The psychologist reported that respondent suffers from Histrionic Personality Disorder with Narcissistic Features. Petitioner, on the other hand, allegedly suffers from Passive Aggressive (Negativistic) Personality Disorder. The incapacity of both parties to perform their marital obligations was alleged to be grave, incorrigible and incurable. Lastly, this Court also finds that the essential marital obligations that were not complied with were alleged in the petition. As can be easily gleaned from the totality of the petition, respondents allegations fall under Article 68 of the Family Code which states that the husband and the wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support. It bears to stress that whether or not petitioner and respondent are psychologically incapacitated to fulfill their marital obligations is a matter for the RTC to decide at the first instance. A perusal of the Molina guidelines would show that the same contemplate a situation wherein the parties have presented their evidence, witnesses have testified, and that a decision has been reached by the court after due hearing. Such process can be gleaned from guidelines 2, 6 and 8, which refer to a decision rendered by the RTC after trial on the merits. It would certainly be too burdensome to ask this Court to resolve at first instance whether the allegations contained in the petition are sufficient to substantiate a case for psychological incapacity. Let it be remembered that each case involving the application of Article 36 must be treated distinctly and judged not on the basis of a priori assumptions, predilections or generalizations but according to its own attendant facts. Courts should interpret the provision on a case-to-case basis, guided by experience, the findings of experts and researchers in psychological disciplines, and by decisions of church tribunals. [18] It would thus be more prudent for this Court to remand the case to the RTC, as it would be in the best position to scrutinize the evidence as well as hear and weigh the evidentiary value of the testimonies of the ordinary witnesses and expert witnesses presented by the parties.

Given the allegations in respondents petition for nullity of marriage, this Court rules that the RTC did not commit grave abuse of discretion in denying petitioners motion to dismiss. By grave abuse of discretion is meant capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction. Mere abuse of discretion is not enough. It must be grave abuse of discretion as when the power is exercised in an arbitrary or despotic manner by reason of passion or personal hostility, and must be so patent and so gross as to amount to an evasion of a positive duty or to a virtual refusal to perform the duty enjoined or to act at all in contemplation of law.[19] Even assuming arguendo that this Court were to agree with petitioner that the allegations contained in respondents petition are insufficient and that the RTC erred in denying petitioners motion to dismiss, the same is merely an error of judgment correctible by appeal and not an abuse of discretion correctible by certiorari.[20] Finally, the CA properly dismissed petitioners petition. As a general rule, the denial of a motion to dismiss, which is an interlocutory order, is not reviewable bycertiorari. Petitioners remedy is to reiterate the grounds in his motion to dismiss, as defenses in his answer to the petition for nullity of marriage, proceed trial and, in case of an adverse decision, appeal the decision in due time. [21] The existence of that adequate remedy removed the underpinnings of his petition for certiorari in the CA.[22]