ZAMORA vs.

CA
G.R. NO. 141917 : February 7, 2007
FACTS:
Bernardino Zamora and Norma Mercado-Zamora were married on June 4, 1970 in Cebu City. After their marriage,
they lived together but did not produce any child. In 1972, Norma left for the United States to work as a nurse.
She returned to the Philippines for a few months, then left again in 1974. Thereafter, she made periodic visits to
Cebu City until 1989, when she was already a U.S. citizen.
Bernardino filed an action for declaration of nullity of marriage anchored on the alleged "psychological incapacity"
of Norma. To support his position, he alleged that his wife was "horrified" by the mere thought of having children
as evidenced by the fact that she had not borne him a child. Furthermore, he also alleged that respondent
abandoned him by living in the US and had in fact become an American citizen; and that throughout their marriage
they lived together for not more than three years.
On the other hand, respondent denied that she refused to have a child. She portrayed herself as one who loves
children as she is a nurse by profession and that she would, from time to time, borrow her husband's niece and
nephews to care for them. She also faulted her husband for the breakup of their marriage, alleging that he had
been unfaithful to her. He allegedly had two affairs with different women, and he begot at least three children with
them.
The CA ruled that the mere refusal of Norma to bear a child is not equivalent to psychological incapacity, since
even if such allegation is true, it is not shown or proven that this is due to psychological illness.
Petitioner argues that:
(a) In the case of Santos v. CA, the court only required "the well-considered opinions of psychiatrists,
psychologists, and persons with expertise in psychological disciplines might be helpful or even desirable."
However, no expert opinion is helpful or even desirable to determine whether Norma, in this case, has been
living abroad and away from her husband for many years; whether she has a child; and whether she has made
her residence abroad permanent by acquiring U.S. citizenship; and
(b) Among the essential marital obligations embraced by Articles 68-71 of the Family Code is to procreate
children through sexual cooperation which is the basic end of marriage. To live together under one
roof for togetherness spells the unity in marriage. The marriage has been existing for twenty four years but
throughout this period, respondent deliberately and obstinately refused to comply with the essential marital
obligation to live and cohabit with her husband.
ISSUE:
WON there can be a declaration of nullity of the marriage between petitioner Bernardino and respondent Norma on
the ground of psychological incapacity.
HELD:
NO.
It is true that the SC has stated in prior cases that the examination of the person by a physician in order for
the former to be declared psychologically incapacitated was likewise not considered a requirement. What is
important, however, is the presence of evidence that can adequately establish the party's psychological condition.
If the totality of evidence presented is enough to sustain a finding of psychological incapacity, then
actual medical examination of the person concerned need not be resorted to. The complete facts should
allege the physical manifestations, if any, as are indicative of psychological incapacity at the time of the celebration
of the marriage but expert opinion need not be alleged.
The rule is that the facts alleged in the petition and the evidence presented, considered in totality, should be
sufficient to convince the court of the psychological incapacity of the party concerned. Petitioner, however, failed to
substantiate his allegation that private respondent is psychologically incapacitated. His allegations relating to her
refusal to cohabit with him and to bear a child was strongly disputed, as the records undeniably bear out.
Furthermore, the acts and behavior of private respondent that petitioner cited occurred during the marriage, and
there is no proof that the former exhibited a similar predilection even before or at the inception of the marriage.