Legal Research

AMEGO & ASSOCIATES LAW OFFICE Grounds for annulment FACTS: Marcian and Angelees romantic relationship started in 2000. Angelees family hates Marcian. Angelee is being raped by her Uncle Remy. She eventually told her parents unfortunately her parents sided her Uncle Remy. Marcian at first was only a vocational graduate. He decided to go back to school and take up ECE in order to get a college degree. Angelee graduated Business Management. They got married in July 22, 2006 without the knowledge of Angelees parents. They lived ass husband and wife in one house with Angelees parents. Marcian graduated ECE in 2008, same year when Angelee got pregnant. They opened a joint account for their savings but Angelee emptied the account just right before their first baby was born. Marcian worked hard in Manila, Bahrain and Singapore to save money for his family. In July 2009 they had a church wedding. Angelee told Marcian that they have a Chicken Business and that others can also invest which turned out to be a fraud that no such business exists. In 2010, Angelee got pregnant on their second son. Also, Angelee used Marcians name and Facebook account to incur debt. She tried to sabotage Marcian in his workplace by sending a fake fax message with Marcians name without signature stating that he will be resigning from work. In 2013, their arguments were becoming more intense. In one incident, Angelee grabbed a knife and threatened her family that she will commit suicide. Her husband, children and helpers witnessed her actions. Now, Marcian would like everything to end by seeking for annulment.

1 | Kara

GROUNDS: Given the situation of Marcian and Angelee, Article 36 (Psychological Incapacity) of the Family Code may be applicable. 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 in the interpretation and application of Article 36 were handed down by the Supreme Court in Molina. 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. However, the spouses frequent marital squabbles and differences in handling finances and managing their business affairs, as well as their conflicts on how to raise their children, are not manifestations of psychological incapacity which may be a ground for declaring their marriage void. Petitioner even admitted that despite their financial difficulties, they had happy moments together. Also, the records would show that the petitioner acted responsibly during their marriage and in fact worked hard to provide for the needs of his family, most especially his children. Their personal differences do not reflect a personality disorder tantamount to psychological incapacity. (G.R. No. 178741 January 17, 2011)

2 | Kara

3 | Kara