Académique Documents
Professionnel Documents
Culture Documents
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DATE
Januray 4, 1995
April 10, 1996
July 12,1996
July 31, 1996
February 13, 1997
December 8, 1999
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November 7, 2008
December 16, 2008
February 13, 2009
March 31, 2009
June 5, 2009
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June 9, 2009
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CASE TITLE
LEOUEL SANTOS v. COURT OF APPEALS and SANTOS
TUASON v. COURT OF APPEALS
JAIME VILLALON v. MA.CORAZON VILLALON
VALDEZ v. REGIONAL TRIAL COURT
REPUBLIC OF THE PHILIPPINES v. COURT OF APPEALS and RORIDEL OLAVIANO MOLINA
LUCITA ESTRELLA HERNANDEZ v. COURT OF APPEALS and MARIO C. HERNANDEZ
FILIPINA Y. SY v. COURT OF APPEALS, REGIONAL TRIAL COURT, SAN FERNANDO, PAMPANGA,BRANCH XLI, and FERNANDO SY,
BRENDA B. MARCOS v. WILSON G. MARCOS
REPUBLIC v. DAGDAG
PESCA v. PESCA
LENI O. CHOA v. ALFONSO C. OCHOA
DAVID B. DEDEL v. COURT OF APPEALS and SHARON L. CORPUZ-DEDEL
ANCHETA v. ANCHETA
SIAYNGCO v. SIAYNGCO
ANTONIO v. REYES
NOEL BUENAVENTURA v. COURT OF APPEALS
REPUBLIC OF THE PHILIPPINES v. IYOY
ANTONIO v. REYES
REPUBLIC OF THE PHILIPPINES v. NORMA CUISON-MELGAR
FERRARIS v. FERRARIS
BERNARDINO S. ZAMORA vs. COURT OF APPEALS and NORMA MERCADO ZAMORA
NARCISO S. NAVARRO, JR. v. CYNTHIA CECILIO-NAVARRO
ROSA YAP-PARAS vs. JUSTO J. PARAS
NAVALES v. NAVALES
MANUEL G. ALMELOR v. REGIONAL TRIAL COURT OF LAS PINAS CITY, BRANCH 254, AND LEONIDA T. ALMELOR
MARIA REBECCA MAKAPUGAY BAYOT v. COURT OF APPEALS AND VICENTE MADRIGAL BAYOT
JUAN DE DIOS CARLOS v. FELICIDAD SANDOVAL and TEOFILO CARLOS II
TE v. TE
BENJAMIN G. TING v. CARMEN M. VELEZ-TING
RENATO REYES-SO v. LORNA VALER
LESTER BENJAMIN S. HALILI v. CHONA M. SANTOS-HALILI and REPUBLIC OF THE PHILIPPINES
ROWENA PADILLA-RUMBAUA v. EDWARD RUMBAUA
MARIETA C. AZCUETA v. REPUBLIC OF THE PHILIPPINES and COURT OF APPEALS
SILVINO A. LIGERALDE v. ASCENTION A. PATALINHUG and the REPUBLIC OF THE PHILIPPINES
ANCHETA v. ANCHETA
G.R. No. 145370 March 4, 2004
FACTS:
Petitioner Marietta Ancheta and respondent Rodolfo Ancheta were married on March 5, 1959 and had eight children. After 33
years of marriage the petitioner left the respondent and their children. Their conjugal properties were later separated through a courtsanctioned compromise agreement where the petitioner got among others a resort in Cavite. When the husband wanted to marry
again, he filed before the Regional Trial Court a petition for the declaration of nullity of his marriage with the petitioner on the ground
of psychological incapacity on June 5, 1995. Although he knew that the petitioner was already residing at the resort in Cavite, he
alleged in his petition that the petitioner was residing at Las Pias, Metro Manila, such that summons never reached her. Nevertheless
substituted service was rendered to their son at his residence in Cavite. Petitioner was then declared in default for failing to answer
the said petition. Just over a month after it was filed, the trial court granted the petition and declared the marriage of the parties void
ab initio.
Five years later, petitioner challenged the trial courts order declaring as void ab initio her marriage with respondent Rodolfo,
citing extrinsic fraud and lack of jurisdiction over her person, among others. She alleged that the respondent lied on her real address
in his petition so she never received summons on the case, hence depriving her of her right to be heard. The Court of Appeals
dismissed her petition so she now comes to the Supreme Court for review on certiorari.
ISSUE:
Whether or not the declaration of nullity of marriage was valid?
HELD:
NO. The trial court and the public prosecutor defied Article 48 of the Family Code and Rule 18, Section 6 of the 1985 Rules of
Court (now Rule 9, Section 3[e] of the 1997 Rules of Civil Procedure).
A grant of annulment of marriage or legal separation by default is fraught with the danger of collusion, says the Court. Hence,
in all cases for annulment, declaration of nullity of marriage and legal separation, the prosecuting attorney or fiscal is ordered to
appear on behalf of the State for the purpose of preventing any collusion between the parties and to take care that their evidence is
not fabricated or suppressed.
If the defendant-spouse fails to answer the complaint, the court cannot declare him or her in default but instead, should order
the prosecuting attorney to determine if collusion exists between the parties. The prosecuting attorney or fiscal may oppose the
application for legal separation or annulment through the presentation of his own evidence, if in his opinion, the proof adduced is
dubious and fabricated.
Here, the trial court immediately received the evidence of the respondent ex-parte and rendered judgment against the
petitioner without a whimper of protest from the public prosecutor who even did not challenge the motion to declare petitioner in
default.
The Supreme Court reiterates: The task of protecting marriage as an inviolable social institution requires vigilant and zealous
participation and not mere pro-forma compliance. The protection of marriage as a sacred institution requires not just the defense of a
true and genuine union but the exposure of an invalid one as well.
Petition is GRANTED.
ANTONIO v. REYES
G.R. No. 155800 March 10, 2005
FACTS:
On December 6, 1990 Leonilo Antonio and Marie Reyes married each other. On March 8, 1993 petitioner filed for declaration of
nullity based on Art. 36 alleging that the respondents pathological lying about almost anything were manifestations of her
psychological incapacity. Petitioner presented two doctors who corroborated each other in declaring the respondent to be
psychologically incapacitated to comply with marital obligations. Respondent denied being a pathological liar, presented another
doctor who conducted a test and found her not to be psychologically incapacitated. One doctor presented by the petitioner assailed
the finding of respondents doctor stating that the test is inconclusive due to its unreliability. The RTC found the evidences presented
by the petitioner to warrant the grant of the decree. On respondents appeal to the CA, the church annulled the marriage due to lack of
discretion of both parties. Notwithstanding the findings of the RTC and the annulment by the church the CA reversed the RTCs
decision stating that the evidences of the petitioner failed to comply with the guidelines set in the Molina case (Republic vs. CA).
ISSUES:
1. Is the pathological lying of a spouse manifestations of psychological incapacity?
2. Were the guidelines in the Molina case sufficiently satisfied?
HELD:
1. Yes. Psychological incapacity refers to an inability to understand the obligations of marriage such actions of the wife are
manifestations of this inability.
2. Yes. In understanding Article 36, the preference of the revision committee was for the judge to interpret the provision on a
case-to-case basis, guided by experience, in the findings of experts and researchers in psychological disciplines, and by decisions of
church tribunals which, although not binding on the civil courts, may be given persuasive effect since the provision was taken from
Canon Law." Also, Molina is not set in stone the interpretation of Article 36 relies heavily on a case-to-case perception.
HELD:
Marriage is still valid. . Reasons should be grave, with juridical antecedence and incurable. The illness must be shown as downright
incapacity or inability, not a refusal, neglect or difficulty.
PESCA v. PESCA
APRIL 17, 2001
FACTS:
Petitioner Lorna G. Pesca and respondent Zosimo A. Pesca first met sometime in 1975 while on board an inter-island vessel
bound for Bacolod City. After a whirlwind courtship, they got married on 03 March 1975. They did not live together as petitioner was
still a student in college and respondent, a seaman, had to leave the country on board an ocean-going vessel barely a month after the
marriage. Six months later, the young couple established their residence in Quezon City until they were able to build their own house
in Caloocan City where they finally resided. It was blissful marriage for the couple during the two months of the year that they could
stay together - when respondent was on vacation. The union begot four children, 19-year old Ruhem, 17-year old Rez, 11-year old
Ryan, and 9-year old Richie.
It started in 1988, petitioner said, when she noticed that respondent surprisingly showed signs of "psychological incapacity" to
perform his marital covenant. His "true color" of being an emotionally immature and irresponsible husband became apparent. He was
cruel, violent and a habitual drinker. At one time, he chased petitioner with a loaded shotgun and threatened to kill her in the
presence of the children. The children themselves were not spared from physical violence.
Finally, on 19 November 1992, petitioner and her children left the conjugal abode. Two months later, petitioner decided to
forgive respondent, and she returned home to give him a chance to change. But, to her dismay, things did not so turn out as
expected. Indeed, matters became worse. Petitioner filed a complaint with the barangay authorities, and a case was filed against
respondent for slight physical injuries. He was convicted by the Metropolitan Trial Court of Caloocan City and sentenced to eleven
days of imprisonment.
Petitioner and her children left the conjugal home for good and stayed with her sister. Petitioner sued respondent before the
Regional Trial Court for the declaration of nullity of their marriage invoking psychological incapacity. Petitioner likewise sought the
custody of her minor children and prayed for support pendente lite. The Court of Appeals reversed the decision of the trial court and
declared the marriage between petitioner and respondent valid and subsisting. Petitioner, in her plea to this Court, would have the
decision of the Court of Appeals reversed on the thesis that the doctrine enunciated in Santos vs. Court of Appeals, promulgated on 14
January 1995, as well as the guidelines set out in Republic vs. Court of Appeals and Molina, promulgated on 13 February 1997, should
have no retroactive application and, on the assumption that the Molina ruling could be applied retroactively, the guidelines therein
outlined should be taken to be merely advisory and not mandatory in nature. In any case, petitioner argues, the application of the
Santos and Molina dicta should warrant only a remand of the case to the trial court for further proceedings and not its dismissal.
ISSUE:
Whether or not psychological incapacity is present in this case.
HELD:
The phrase "psychological incapacity" borrowed from Canon law, is an entirely novel provision in our statute books, and, until
the relatively recent enactment of the Family Code, the concept has escaped jurisprudential attention.
At all events, petitioner has utterly failed, both in her allegations in the complaint and in her evidence, to make out a case of
psychological incapacity on the part of respondent, let alone at the time of solemnization of the contract, so as to warrant a
declaration of nullity of the marriage. Emotional immaturity and irresponsibility, invoked by her, cannot be equated with psychological
incapacity.
The Court reiterates its reminder that marriage is an inviolable social institution and the foundation of the family6that the State
cherishes and protects. While the Court commiserates with petitioner in her unhappy marital relationship with respondent, totally
terminating that relationship, however, may not necessarily be the fitting denouement to it. In these cases, the law has not quite
given up, neither should we.
Petition is DENIED.
In Santos Vs. Court of Appeals, the court held that psychological incapacity as a ground for declaration of nullity of a marriage
should refer to no less than a mental incapacity that causes a party to be truly in cognitive of the basic marital covenants that
concomitantly must be assumed and discharged by parties to the marriage which, as so expressed by Article 68 of the Family Code,
include their mutual obligations to live together, observe love, respect and fidelity and render help and support. There is hardly any
doubt that the intendment of the law has been to confine the meaning of psychological incapacity to the most serious cases of
personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage.
Although the petitioner suffered from Narcissistic Histrionic Personality Disorder with Casanova Complex even before the marriage
and thus had the tendency to cheat on his wife, such conclusion was not sufficiently backed by concrete evidence showing that
petitioner indeed had several affairs and finds it difficult to be faithful. Except for petitioners general claim that on certain occasions
he had two girlfriends at the same time, no details or explanation were given of such circumstances that would demonstrate
petitioners inability to be faithful to the respondent. Moreover, the Supreme Court is not convinced that petitioner is a serial or
habitual adulterer, as he wants the court to believe. As stated by the respondent, the petitioner had only two instances of infidelity
for the past 13 years of their marriage which contradicted the statement of Dr. Dayan that the person suffering from Casanova
Complex umps from one relationship to another. Also, the evidence reveals that the petitioner was a good husband most of the time
when he was living with the respondent, a loving father to his children as well as a good provider.
On January 8, 2003 of the Court of Appeals in CA-G.R. CV No. 65677, reversing the Regional Trial Courts declaration of nullity of
the marriage of petitioner and respondent. Likewise assailed is the Court of Appeals Resolution dated February 4, 2004 denying
reconsideration. Narciso Navarro, Jr. with the Regional Trial Court of Manila, Branch 37, he sought the declaration of nullity of his
marriage to respondent. Petitioner and respondent were college sweethearts. At the time they got married, both in civil and church
ceremonies, they were awaiting their first child. Since petitioner was still a medical student, while respondent was a student of
pharmacy, they lived with petitioners parents, on whom they were financially dependent. Eventually, their union bore four children.
He filed the petition for nullification of their marriage when he found out their eldest daughter had been made pregnant by a man
whom respondent hired to follow him. She concluded that respondent was also psychologically incapacitated to perform the marital
obligations because she knew, from the start, that her husband was going to be a doctor, yet she did not give him the support and
understanding that was expected of a doctors wife. For the respondents part, respondent refused to submit to the psychiatric
examination asked by the petitioner, but said she would do so only when her defense requires it. She averred that she had no marital
problems, not until petitioner had an illicit affair with a certain Dr. Lucila Posadas. Petitioner denied the affair. Respondent narrated
that early 1984, she caught petitioner and Lucila inside the Harana Motel in Sta. Mesa where a confrontation ensued. After the
incident, petitioner seldom went home until he permanently left his family sometime in 1986. On August 21, 1998, the trial court held
that petitioner and respondent were both psychologically incapacitated to perform their marital obligations. The marriage between the
parties is (sic) dated June 2, 1973 is hereby declared null and void.
ISSUES:
1) Is the conclusion of the Court of Appeals that the lower court (RTC) erred in finding the parties (petitioner and respondent)
both psychologically incapacitated under Article 36 of The Family Code correct or not?
2) Is the conclusion of the Honorable Court of Appeals that the evidence failed to show that the parties (petitioner and
respondent) were completely unable to discharge the essential obligations of marriage correct or not?
HELD:
1) The Honorable Court of Appeals is correct, Article 36 of the Family Code states that, a marriage contracted by any party who,
at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall
likewise be void even if such incapacity becomes manifest only after its solemnization. Psychological incapacity required by Art. 36
must be characterized by (a) gravity, (b) juridical antecedence, and (c) incurability. Psychological incapacity should refer to no less
than a mental (not physical) incapacity that causes a party to be truly in cognitive of the basic marital covenants that concomitantly
must be assumed and discharged by the parties to the marriage. These include the obligations to live together, observe mutual love,
respect and fidelity, and render mutual help and support.
2) The Honorable Court of Appeals is correct, petitioner failed to show that grave and incurable incapacity, on the part of both
spouses, existed at the time of the celebration of the marriage. Their bickering and arguments even before their marriage and
respondents scandalous outbursts in public, at most, show their immaturity, and immaturity does not constitute psychological
incapacity. Thus so far, both petitioner and respondent have not shown proof of a natal or supervening disabling factor, an adverse
integral element in their personality structure that effectively incapacitates them from accepting and complying with the obligations
essential to marriage.
On May 21, 1964, petitioner Rosa Yap married respondent Justo J. Paras in Bindoy, Negros Oriental. They begot four (4)
children, namely: Raoul (deceased), Cindy Rose (deceased), Dahlia, and Reuel. Twenty-nine (29) years thereafter, or on May 27, 1993,
Rosa filed with the Regional Trial Court (RTC), Branch 31, Dumaguete City, a complaint for annulment of her marriage with Justo,
under Article 36 of the Family Code, docketed as Civil Case No. 10613. She alleged that Justo is psychologically incapacitated to
exercise the essential obligations of marriage as shown by the following circumstances: (a) he dissipated her business assets and
forged her signature in one mortgage transaction; (b) he lived with a concubine and sired a child with her; (c) he did not give financial
support to his children; and (d) he has been remiss in his duties both as a husband and as a father. She met Justo in 1961 in Bindoy.
She was then a student of San Carlos University, Cebu City. He courted her, frequently spending time at her "Botica." Eventually, in
1964, convinced that he loved her, she agreed to marry him. Their wedding was considered one of the "most celebrated" marriages in
Bindoy. Sometime in 1975, their daughter Cindy Rose was afflicted with leukemia. It was her family who paid for her medication. Also,
in 1984, their son Raoul was electrocuted while Justo was in their rest house with his "barkadas." He did not heed her earlier advice to
bring Raoul in the rest house as the latter has the habit of climbing the rooftop. To cope with the death of the children, the entire
family went to the United States. However, after three months, Justo abandoned them and left for the Philippines. Upon her return to
the Philippines, she was shocked to find her "Botica" and other businesses heavy in debt and he disposed without her consent a
conjugal piece of land. At other times, he permitted the municipal government to take gasoline from their gas station free of charge.
His act of maintaining a mistress and siring an illegitimate child was the last straw that prompted her to file the present case. She
found that after leaving their conjugal house in 1988, Justo lived with Jocelyn Ching. Their cohabitation resulted in the birth of a baby
girl, Cyndee Rose, obviously named after her (Rosa) and Justos deceased daughter Cindy Rose Paras.
He also denied forging her signature in one mortgage transaction. He maintained that he did not dispose of a conjugal property
and that he and Rosa personally signed the renewal of a sugar crop loan before the banks authorized employee. He did not abandon
his family in the United States. For his part, he was granted only three (3) months leave as municipal mayor of Bindoy, thus, he
immediately returned to the Philippines. He spent for his childrens education. At first, he resented supporting them because he was
just starting his law practice and besides, their conjugal assets were more than enough to provide for their needs. He admitted though
that there were times he failed to give them financial support because of his lack of income. What caused the inevitable family breakout was Rosas act of embarrassing him during his birthday celebration in 1987. She did not prepare food for the guests. When
confronted, she retorted that she has nothing to do with his birthday. This convinced him of her lack of concern. This was further
aggravated when she denied his request for engine oil when his vehicle broke down in a mountainous and NPA-infested area. As to
the charge of concubine, he alleged that Jocelyn Ching is not his mistress, but her secretary in his Law Office. She was impregnated by
her boyfriend, a certain Grelle Leccioness. Cyndee Rose Ching Leccioness is not his daughter.
After trial or on February 28, 1995, the RTC rendered a Decision upholding the validity of the marriage. It found that: (a) Justo
did not abandon the conjugal home as he was forced to leave after Rosa posted guards at the gates of their house; (b) the conjugal
assets were sufficient to support the family needs, thus, there was no need for Justo to shell out his limited salary; and (c) the charge
of infidelity is unsubstantiated. The RTC observed that the relationship between the parties started well, negating the existence of
psychological incapacity on either party at the time of the celebration of their marriage. And lastly, it ruled that there appeared to be a
collusion between them as both sought the declaration of nullity of their marriage.
On October 18, 2000, this Court rendered its Decision finding him guilty of falsifying Rosas signature in bank documents,
immorality, and abandonment of his family. He was suspended from the practice of law, thus: the respondent is suspended from the
practice of law for SIX (6) MONTHS on the charge of falsifying his wifes signature in bank documents and other related loan
instruments; and for ONE (1) YEAR from the practice of law on the charges of immorality and abandonment of his own family, the
penalties to be served simultaneously. Let notice of this Decision be spread in respondents record as an attorney, and notice of the
same served on the Integrated Bar of the Philippines and on the Office of the Court Administrator for circulation to all the courts
concerned. On December 8, 2000, the Court of Appeals affirmed the RTC Decision in the present case, holding that "the evidence of
the plaintiff (Rosa) falls short of the standards required by law to decree a nullity of marriage." It ruled that Justos alleged defects or
idiosyncrasies "were sufficiently explained by the evidence," Rosa contends that this Courts factual findings in A.C. No. 5333 for
disbarment are conclusive on the present case. Consequently, the Court of Appeals erred in rendering contrary factual findings. Also,
she argues that she filed the instant complaint sometime in May, 1993
ISSUES:
1) Whether the factual findings of this Court in A.C. No. 5333 are conclusive on the present case;
2) Whether a remand of this case to the RTC for reception of expert testimony on the root cause of Justos alleged psychological
incapacity is necessary; and
3) Whether the totality of evidence in the case shows psychological incapacity on the part of Justo.
HELD:
1) A reading of the Court of Appeals Decision shows that she has no reason to feel aggrieved. In fact, the appellate court even
assumed that her charges "are true," but concluded that they are insufficient to declare the marriage void on the ground of
psychological incapacity. Justo's alleged infidelity, failure to support his family and alleged abandonment of their family home are true,
such traits are at best indicators that he is unfit to become an ideal husband and father. However, by themselves, these grounds are
insufficient to declare the marriage void due to an incurable psychological incapacity. These grounds, we must emphasize, do not
manifest that he was truly in cognitive of the basic marital covenants that he must assume and discharge as a married person. While
they may manifest the "gravity" of his alleged psychological incapacity, they do not necessarily show incurability, such that while his
acts violated the covenants of marriage, they do not necessarily show that such acts show an irreparably hopeless state of
psychological incapacity which prevents him from undertaking the basic obligations of marriage in the future.
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. The evidence must convince the
court that the parties, or one of them, was mentally or psychically ill to such an extent that the person could not have known the
obligations he was assuming, or knowing them, could not have given valid assumption thereof. Although no example of such
incapacity need be given here so as not to limit the application of the provision under the principle of ejusdem generis, nevertheless
such root cause must be identified as a psychological illness and its incapacitating nature fully explained. Expert evidence may be
given by qualified psychiatrists and clinical psychologists.
3) ART. 36. A marriage contracted by a party who, at the time of celebration, was psychologically incapacitated to comply with
the essential marital obligations of marriage shall likewise be void even if such incapacity becomes manifest only after its
solemnization. psychological incapacity must be characterized by (a) gravity; (b) juridical antecedence; and (c) incurability.
Petitioner and respondent were married on June 4, 1970 in Cebu City. After their marriage, they lived together at No. 50-A
Gorordo Avenue, Cebu City. The union did not produce any child. In 1972, private respondent left for the United States to work as a
nurse. She returned to the Philippines for a few months, and then left again in 1974. Thereafter, she made periodic visits to Cebu City
until 1989, when she was already a U.S. citizen. Petitioner filed a complaint for declaration of nullity of marriage anchored on the
alleged "psychological incapacity" of private respondent, as provided for under Article 36 of the Family Code. 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
petitioner a child. Furthermore, he also alleged that private respondent abandoned him by living in the United States and had in fact
become an American citizen; and that throughout their marriage they lived together for not more than three years. 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 husbands 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. On June 22, 1995, the trial court rendered its decision. The plaintiff consented to defendants trip to the
United States in 1974. She [defendant] wanted to earn money there because she wanted to help her husband build a big house at the
Beverly Hills, Cebu City. The plaintiff himself admitted that he has a child, and the court is also convinced that he has two children.
However, nothing in the evidence of plaintiff shows that the defendant suffered from any psychological incapacity or that she failed to
comply with her essential marital obligations. There is no evidence of psychological incapacity on the part of defendant so that she
could not carry out the ordinary duties required in married life. Neither has it been shown that there was an incurable defect on the
part of defendant.
ISSUES:
1) Whether or not the Court of Appeals misapplied facts of weight and substance affecting the result of the present case;
2) Whether or not the presentation of psychologists and/or psychiatrists is still desirable, if evidence in this case already shows
the psychological incapacity of private respondent;
3) Whether or not private respondents refusal to live with petitioner under one roof for more than twenty (20) years, her refusal
to bear children with petitioner, and her living a solitary life in the United States for almost three (3) decades are enough indications of
psychological incapacity to comply with essential marital obligations under Article 36 of the Family Code.
HELD:
1) The Courts merely said in that case that "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 private respondent 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
2) Article 36 of the Family Code provides that a marriage contracted by any party who, at the time of the celebration, was
psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such
incapacity becomes manifest only after its solemnization.
3) A petition under Article 36 of the Family Code shall specifically allege the complete facts showing that either or both parties
were psychologically incapacitated from complying with the essential marital obligations of marriage at the time of the celebration of
marriage even if such incapacity becomes manifest only after its celebration.
Lt. Leouel Santos married private respondent Julia Bedia on Sept. 20, 1986 in
with the latters parents and eventually gave birth to Leouel Santos, Jr. on July 1
began quarrelling over frequent interference of Julias parents and the issue of living
On May 18, 1988, Julia left for the United States (US) to work as nurse despit
or on January 1, 1989, she called up from the US with the promise of returning h
Leouel went to the US for a training program sponsored by the Armed Forces of th
desperately tried to locate her there but failed.
He then filed with the Regional Trial Court (RTC) for the nullification of thei
the ground of psychological incapacity. Summons was served by publication in a ne
In her answer, Julia claimed that it was Leouel who was irresponsible and incomp
case for lack of merit. On appeal, the Court of Appeals (CA) affirmed the RTC decisi
ISSUE:
Whether or not the marriage may be declared a nullity pursuant to Article 36
HELD:
NAVALES v. NAVALES
G.R. No. 166662 June 27, 2008
FACTS:
In 1986, Nilda and Reynaldo met in a local bar where Nilda was a waitress. Because of his fear that Nilda may be wed to an
American, Reynaldo proposed to Nilda and they got married in 1988. Reynaldo is aware that Nilda has an illegitimate child out of
wedlock. The 1st year of their marriage went well until Nilda began to work when she neglected some of her duties as a wife. She later
worked as a gym instructor and according to Reynaldos allegations; her job makes her flirt with her male clients. She also drives
home with other guys even though Reynaldo would be there to fetch her. She also projected herself as single. And she refused to have
a child with Reynaldo because that would only destroy her figure. Reynaldo then filed a petition to have their marriage be annulled. He
presented her cousin as a witness that attested that Nilda was flirting with other guys even with Reynaldos presence. Reynaldo also
presented the findings of a psychologist who concluded that based on Nildas acts, Nilda is a nymphomaniac, who has a borderline
personality, a social deviant, an alcoholic, andsuffering from anti-social personality disorder, among others, which illnesses are
incurable and are the causes of Nildas psychological incapacity to perform her marital role as wife to Reynaldo. Nilda on her part
attacked Reynaldos allegations. She said that it is actually Reynaldo who is a womanizer and that in fact she has filed a case of
concubine against him which was still pending. She also said that she only needs the job in order to support herself because Reynaldo
is not supporting her. She also showed proof that she projected herself as a married woman and that she handles an aerobics class
which is exclusive to females only. The RTC and the CA ruled in favor of Reynaldo.
ISSUE:
Whether the marriage between Reynaldo and Nilda is null and void on the ground of Nildas psychological incapacity.
HELD:
The petition must be granted because the States participation in this case is wanting. There were no other pleadings, motions,
or position papers filed by the Public Prosecutor or OSG; and no controverting evidence presented by them before the judgment was
rendered. And even if the SC would consider the case based on the merits, the petition would still be granted. The acts presented by
Reynaldo by themselves are insufficient to establish a psychological or mental defect that is serious, incurable or grave as
contemplated by Article 36 of the Family Code. Article 36 contemplates downright incapacity or inability to take cognizance of and to
assume basic marital obligations. Mere difficulty, refusal or neglect in the performance of marital obligations or ill will on the
part of the spouse is different from incapacity rooted on some debilitating psychological condition or illness.
Indeed, irreconcilable differences, sexual infidelity or perversion, emotional immaturity and irresponsibility, and the like, do not
by themselves warrant a finding of psychological incapacity under Article 36, as the same may only be due to a persons refusal or
unwillingness to assume the essential obligations of marriage and not due to some psychological illness that is contemplated by said
rule. The SC also finds the finding of the psychological expert to be insufficient to prove the PI of Nilda. The testimonies presented by
people the expert interviewed were not concretely established as the fact as to how those people came up with their respective
information was not as well shown. There is no proof as well that Nilda had had sex with different guys a condition for nymphomia.
There being doubt as to Nildas PI the SC ruled that this case be resolved in favor of the validity of marriage.
FERRARIS v. FERRARIS
July 17, 2006
FACTS:
This is a resolution of the Supreme Court on the Motion for Reconsideration filed by the petitioner regarding the dismissal of her
petition for declaration of nullity of her marriage to the respondent.
ISSUE:
How shall psychological incapacity be proven?
HELD:
The term "psychological incapacity" to be a ground for the nullity of marriage under Article 36 of the Family Code, refers to a
serious psychological illness afflicting a party even before the celebration of the marriage. It is a malady so grave and so permanent
as to deprive one of awareness of the duties and responsibilities of the matrimonial bond one is about to assume. 13 As all people
may have certain quirks and idiosyncrasies, or isolated characteristics associated with certain personality disorders, there is hardly
any doubt that the intendment of the law has been to confine the meaning of "psychological incapacity" to the most serious cases of
personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage. It is
for this reason that the Court relies heavily on psychological experts for its understanding of the human personality. However, the root
cause must be identified as a psychological illness and its incapacitating nature must be fully explained, which petitioner failed to
convincingly demonstrate.
Quite apart from being plainly self-serving, petitioners evidence showed that respondents alleged failure to perform his socalled marital obligations was not at all a manifestation of some deep-seated, grave, permanent and incurable psychological malady.
To be sure, the couples relationship before the marriage and even during their brief union (for well about a year or so) was not all
bad. During that relatively short period of time, petitioner was happy and contented with her life in the company of respondent. In
fact, by petitioners own reckoning, respondent was a responsible and loving husband. x x x. Their problems began when petitioner
started doubting respondents fidelity. It was only when they started fighting about the calls from women that respondent began to
withdraw into his shell and corner, and failed to perform his so- called marital obligations. Respondent could not understand
petitioners lack of trust in him and her constant naggings. He thought her suspicions irrational. Respondent could not relate to her
anger, temper and jealousy.
At any rate, Dr. Dayan did not explain how she arrived at her diagnosis that respondent has a mixed personality disorder called
"schizoid," and why he is the "dependent and avoidant type." In fact, Dr. Dayans statement that one suffering from such mixed
personality disorder is dependent on others for decision x x x lacks specificity; it seems to belong to the realm of theoretical
speculation. Also, Dr. Dayans information that respondent had extramarital affairs was supplied by the petitioner herself. Notably,
when asked as to the root cause of respondents alleged psychological incapacity, Dr. Dayans answer was vague, evasive and
inconclusive. She replied that such disorder "can be part of his family upbringing" x x x. She stated that there was a history of
respondents parents having difficulties in their relationship. But this input on the supposed problematic history of respondents
parents also came from petitioner. Nor did Dr. Dayan clearly demonstrate that there was really "a natal or supervening disabling
factor" on the part of respondent, or an "adverse integral element" in respondents character that effectively incapacitated him from
accepting, and, thereby complying with, the essential marital obligations.
We find respondents alleged mixed personality disorder, the "leaving-the-house" attitude whenever they quarreled, the violent
tendencies during epileptic attacks, the sexual infidelity, the abandonment and lack of support, and his preference to spend more
time with his band mates than his family, are not rooted on some debilitating psychological condition but a mere refusal or
unwillingness to assume the essential obligations of marriage.
While petitioners marriage with the respondent failed and appears to be without hope of reconciliation, the remedy however is
not always to have it declared void ab initio on the ground of psychological incapacity. An unsatisfactory marriage, however, is not a
null and void marriage. No less than the Constitution recognizes the sanctity of marriage and the unity of the family; it decrees
marriage as legally "inviolable" and protects it from dissolution at the whim of the parties. Both the family and marriage are to be
"protected" by the state. Petition dismissed with finality.
ANTONIO v. REYES
March 10, 2006
FACTS:
Petitioner filed a petition to have his marriage to respondent declared null and void. He anchored his petition for nullity on
Article 36 of the Family Code alleging that respondent was psychologically incapacitated to comply with the essential obligations of
marriage. He asserted that respondents incapacity existed at the time their marriage was celebrated and still subsists up to the
present. As manifestations of respondents alleged psychological incapacity, petitioner claimed that respondent persistently lied about
herself, the people around her, her occupation, income, educational attainment and other events or things, to wit:
(1) She concealed the fact that she previously gave birth to an illegitimate son, and instead introduced the boy to petitioner as
the adopted child of her family. She only confessed the truth about the boys parentage when petitioner learned about it from other
sources after their marriage.
(2) She fabricated a story that her brother-in-law, Edwin David, attempted to rape and kill her when in fact, no such incident
occurred.
(3) She misrepresented herself as a psychiatrist to her obstetrician, Dr. Consuelo Gardiner, and told some of her friends that she
graduated with a degree in psychology, when she was neither.
(4) She claimed to be a singer or a free-lance voice talent affiliated with Black gold Recording Company (Black gold); yet, not a
single member of her family ever witnessed her alleged singing activities with the group. In the same vein, she postulated that a
luncheon show was held at the Philippine Village Hotel in her honor and even presented an invitation to that effect but petitioner
discovered per certification by the Director of Sales of said hotel that no such occasion had taken place.
(5) She invented friends named Babes Santos and Via Marquez, and under those names, sent lengthy letters to petitioner
claiming to be from Black gold and touting her as the number one moneymaker in the commercial industry worth P2 million.
Petitioner later found out that respondent herself was the one who wrote and sent the letters to him when she admitted the truth in
one of their quarrels. He likewise realized that Babes Santos and Via Marquez were only figments of her imagination when he
discovered they were not known in or connected with Black gold.
(6) She represented herself as a person of greater means, thus, she altered her pay slip to make it appear that she earned a
higher income. She bought a sala set from a public market but told petitioner that she acquired it from a famous furniture dealer. She
spent lavishly on unnecessary items and ended up borrowing money from other people on false pretexts.
(7) She exhibited insecurities and jealousies over him to the extent of calling up his officemates to monitor his whereabouts.
When he could no longer take her unusual behavior, he separated from her in August 1991. He tried to attempt a reconciliation
but since her behavior did not change, he finally left her for good in November 1991.
In support of his petition, petitioner presented Dr. Dante Herrera Abcede (Dr. Abcede), a psychiatrist, and Dr. Arnulfo V. Lopez
(Dr. Lopez), a clinical psychologist, who stated, based on the tests they conducted, that petitioner was essentially a normal,
introspective, shy and conservative type of person. On the other hand, they observed that respondents persistent and constant lying
to petitioner was abnormal or pathological. It undermined the basic relationship that should be based on love, trust and respect. They
further asserted that respondents extreme jealousy was also pathological. It reached the point of paranoia since there was no actual
basis for her to suspect that petitioner was having an affair with another woman. They concluded based on the foregoing that
respondent was psychologically incapacitated to perform her essential marital obligations.
After trial, the lower court gave credence to petitioners evidence and held that respondents propensity to lying about almost
anythingher occupation, state of health, singing abilities and her income, among othershad been duly established.
According to the trial court, respondents fantastic ability to invent and fabricate stories and personalities enabled her to live in
a world of make-believe. This made her psychologically incapacitated as it rendered her incapable of giving meaning and significance
to her marriage. The trial court thus declared the marriage between petitioner and respondent null and void.
ISSUE:
Whether or not there is sufficient basis/showing of psychological incapacity as to render the marriage null and void.
HELD:
It should be noted that the lies attributed to respondent were not adopted as false pretenses in order to induce petitioner into
marriage. More disturbingly, they indicate a failure on the part of respondent to distinguish truth from fiction, or at least abide by the
truth. Petitioners witnesses and the trial court were emphatic on respondents inveterate proclivity to telling lies and the pathologic
nature of her mistruths, which according to them, were revelatory of respondents inability to understand and perform the essential
obligations of marriage. Indeed, a person unable to distinguish between fantasy and reality would similarly be unable to comprehend
the legal nature of the marital bond, much less its psychic meaning, and the corresponding obligations attached to marriage, including
parenting. One unable to adhere to reality cannot be expected to adhere as well to any legal or emotional commitments.
From the totality of the evidence, can it be definitively concluded that respondents condition is incurable? It would seem, at
least, that respondents psychosis is quite grave. But the requirement that psychological incapacity must be shown to be medically or
clinically permanent or incurable is one that necessarily cannot be divined without expert opinion. Clearly in this case, there was no
categorical averment from the expert witnesses that respondents psychological incapacity was curable or incurable. From the
totality of the evidence, however, we are sufficiently convinced that the incurability of respondents psychological incapacity has been
established by the petitioner.
SIAYNGCO v. SIAYNGCO
October 4, 2004
FACTS:
Petitioner Juanita Carating-Siayngco and respondent Manuel were married at civil rites on 27 June 1973 and before the Catholic
Church on August 11 1973. After discovering that they could not have a child of their own, the couple decided to adopt a baby boy in
1977, who they named Jeremy. On 25 September 1997, or after twenty-four (24) years of married life together, respondent Manuel
filed for the declaration of its nullity on the ground of psychological incapacity of petitioner Juanita. He alleged that all throughout their
marriage, his wife exhibited an over domineering and selfish attitude towards him. In her Answer, petitioner Juanita alleged that
respondent Manuel is still living with her at their conjugal home in Malolos, Bulacan; that he invented malicious stories against her so
that he could be free to marry his paramour. The trial court denied respondent Manuels petition for declaration of nullity of his
marriage to petitioner Juanita. The Court of Appeals reversed the RTC decision, relying mainly on the psychiatric evaluation of Dr.
Garcia finding both Manuel and Juanita psychologically incapacitated. Hence, this petition for review on certiorari of the decision of the
Court of Appeals.
ISSUE:
Whether or not both Manuel and Juanita are psychologically incapacitated.
HELD:
The presumption is always in favor of the validity of marriage. Semper praesumitur pro matrimonio. In the case at bar,
respondent Manuel failed to prove that his wifes lack of respect for him, her jealousies and obsession with cleanliness, her outbursts
and her controlling nature, and her inability to endear herself to his parents are grave psychological maladies that paralyze her from
complying with the essential obligations of marriage. Neither is there any showing that these defects were already present at the
inception of the marriage or that they are incurable. In fact, the psychiatrist reported that petitioner was psychologically capacitated
to comply with the basic and essential obligations of marriage.
The psychological report of respondent Manuels witness, Dr. Garcia, showed that the root cause of petitioner Juanitas behavior
is traceable not from the inception of their marriage as required by law but from her experiences during the marriage, e.g., her inlaws disapproval of her as they wanted their son to enter the priesthood, her husbands philandering, admitted no less by him, and
her inability to conceive.
An unsatisfactory marriage, however, is not a null and void marriage. Mere showing of irreconcilable differences and
conflicting personalities in no wise constitutes psychological incapacity. As we stated in Marcos v. Marcos:
Article 36 of the Family Code, we stress, is not to be confused with a divorce law that cuts the marital bond at the time the
causes therefore manifests themselves. It refers to a serious psychological illness afflicting a party even before the celebration of the
marriage. It is a malady so grave and so permanent as to deprive one of awareness of the duties and responsibilities of the
matrimonial bond one is about to assume.
Petition for review is hereby GRANTED. The Decision of the Court of Appeals is hereby REVERSED and SET ASIDE. The Decision
of the Regional Trial Court is reinstated and given full force and effect.
REPUBLIC v. DAGDAG
351 SCRA 425
FACTS:
Erlinda Matias and Avelino Dagdag contracted marriage on September 7, 1975. They begot two children. A week after the
wedding, Avelino started leaving his family without explanation. He would from time to time, disappear and suddenly reappear for a
few months. He was always drunk and would forced his wife to submit to sexual intercourse and inflict physical injuries on her if she
refused.
On October 1993, he left his family and was never heard from him again. Erlinda was forced to work and learned that Avelino
was imprisoned and that he escaped from jail.
Erlinda filed a petition for declaration of nullity of marriage on the grounds of psychological incapacity. Since Avelino could not
be located, summons was served by publication. Upon trial, Erlinda presented Virginia Dagdag who attested to the psychological
incapacity of Avelino. The trial court rendered a decision in favor of respondent without waiting for the prosecutors manifestation. The
Court of Appeals affirmed trials court decision.
ISSUE:
Whether or not Avelino Dagdag is psychologically incapacitated.
HELD:
The court contented that Erlinda failed to comply with guideline No. 2 which requires that the root cause of psychological
incapacity must be medically or clinically identified and sufficiently proven by experts, since no psychiatrist or medical doctor testified
as to the alleged psychological incapacity of her husband.
Furthermore, the allegation that the husband is a fugitive from justice was not sufficiently proven. The investigating prosecutor
was likewise not given an opportunity to present controversy evidence since the trial courts decision was prematurely rendered.
FILIPINA Y. SY v. COURT OF APPEALS, REGIONAL TRIAL COURT, SAN FERNANDO, PAMPANGA,BRANCH XLI, and
FERNANDO SY,
G.R. No. 127623 April 12, 2000
FACTS:
On August 4, 1992, Filipina filed a petition for the declaration of absolute nullity of her marriage to Fernando on the ground of
psychological incapacity. Lower court and CA denied the petition.
ISSUES:
1. Whether or not the marriage between petitioner and private respondent is void from the beginning for lack of a marriage
license at the time of the ceremony; and
2. Whether or not private respondent is psychologically incapacitated at the time of said marriage
celebration to warrant a declaration of its absolute nullity.
HELD:
Marriage is void due to lack of marriage license. The issue on the psychological incapacity of Fernando Sy was rendered moot
and academic.
Habitual alcoholism, refusal to live with her without fault on her part, choosing to live with his mistress instead; and refusal to
have sex and performing the marital act only to satisfy himself does not constitute psychological incapacity. It falls short of the
quantum of evidence.
The general rule is that you do not assign an error in judgment, the appellate court will not tackle that unassigned error or
issue. But in this case, even if the issue was unassigned, it was so obvious from the record that there was no marriage license which
proved that the marriage is void because there was no marriage license.
TE v. TE
G.R. No. 161793 / 579 SCRA 193 February 13, 2009
FACTS:
Petitioner Edward Kenneth Ngo and respondent Rowena Ong Gutierrez Yu-Te first met in a gathering organized by the FilipinoChinese association in their college. Later on, the petitioner decided to court Rowena. In March 1996, three months after their first
meeting, Rowena asked Edward to elope. At first, the petitioner refused citing thathe was young and jobless. Eventually, Rowenas
persistence made him relent. They left Manila and sailed to Cebu in the same month. During their time in Cebu, their resources were
eventually depleted by their expenses. In April 1996, they went back to Manila. Rowena proceeded to her uncles house and Edward
went back to his parents home. At this point in time, Rowena threatened to commit suicide. As a result, Edward agreed to stay with
Rowena at her uncles house. On April 23, 1996, Rowenas uncle brought the two to a court to get married. They continued to stay at
her uncles house. Edward was not allowed to go out unaccompanied, just like prisoner. Her uncle also showed Edward his guns
warned the latter not to leave Rowena. Edward, with the advice of his brother, told Rowena that they should stay at his parents home
and live with them. On the other hand, Rowena had a different idea. She suggested that he should get his inheritance so they can live
on their own. Edward talked to his father about this, but the patriarch got mad and told Edward that he would be disinherited and
insisted that Edward must go home. After a month, Edward was able to escape from the house of Rowenas uncle and stayed with his
parents. His family hid him from Rowena and her family, especially when they asked for him through the telephone. In 1996, Edward
was able to talk to Rowena and again proposed that they should live with his parents. At this point, she said that it was better for them
to live separate lives. They then parted ways.
On January 18, 2000, Edward filed a petition before the Regional Trial Court of Quezon City for the annulment of his marriage to
Rowena on the basis of latters psychological incapacity.
The clinical psychologist who examined the petitioner found both parties psychologically incapacitated. Evidently, both parties
have impulsively taken marriage for granted as they are still unaware of themselves. The petitioner is extremely introvert to the point
of weakening their relationship by his weak behavioral disposition. She, on the other hand, is extremely exploitative and aggressive so
as to be unlawful, insincere and undoubtedly uncaring in her strides toward convenience. Apparently, she is suffering the grave,
severe, and incurable presence of Narcissistic and Antisocial Personality Disorder that started since childhood and only manifested
during marriage. Both parties displayed psychological incapacities that made marriage a big mistake for them to take.
The trial court, on July 30, 2001, rendered its decisiondeclaring the marriage of the parties null and void on the ground that
both parties were psychologically incapacitated to comply with the essential marital obligations.
The Republic, represented by the Office of the Solicitor General, timely filed its notice of appeal in the Court of Appeals. On
review, the appellate court reversed and set aside the trial courts ruling.It ruled that petitioner failed to prove the psychological
incapacity of respondent. The clinical psychologist did not personally examine respondent, and relied only on the information provided
bypetitioner. Further, the psychological incapacity was not shown to be attended by gravity, juridical antecedence and incurability. In
sum, the evidence adduced fell short of the requirements stated inRepublic v. Court of Appeals and Molinaneeded for the declaration
of nullity of the marriage under Article 36 of the Family Code.
Dissatisfied, petitioner filed before Supreme Court the instant petition for review on certiorari.On June 15, 2005, the Court gave
due course to the petition and required the parties to submit their respective memoranda.
ISSUE:
Whether or not, the declaration of nullity of marriage due to psychological incapacity should be restricted on the requirements
stated in Molina.
HELD:
No, it was intended by the law makers not to give any examples of psychological incapacity for fear that by so doing, it might
limit the applicability of the provision under the principle ofejusdem generis. They desired that the 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 which, although not binding on the civil courts, may be given persuasive effect since the provision itself
was taken from the Canon Law.The law is then so designed as to allow some resiliency in its application.
The Supreme Court emphasized the resiliency with which the concept should be applied and the case-to-case basis by which
the provision should be interpreted, as so intendedby its framers, had, somehow, been rendered ineffectual by the imposition of a set
of strict standards in Molina. Furthermore, it claimed that in hindsight, it may have been inappropriate for the Court to impose a rigid
set of rules, as the one inMolina, in resolving all cases of psychological incapacity.
However, the Supreme Court stressed that it is not suggesting the abandonment ofMolinain this case. It simply declared that,
as aptly stated by Justice Dante O. Tinga inAntonio v. Reyes, there is a need to emphasize other perspectives as well which should
govern the disposition of petitions for declaration of nullity under Article 36.
Therefore, each case must be judged, not on the basis ofa prioriassumptions, predilections or generalizations but according to
its own facts. It reemphasized that 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.
No, the psychologist did not have enough proof because in her psychiatric report, she did not mention the cause of the
respondent'sso-called "narcissistic personality disorder", she failed to explain to the court an insight into the respondent's
development years. Furthermore, she did not explain why she came to the conclusion that the respondent's incapacity is "deep
seated and incurable", when Article 36 of the Family Code of the Philippines states that evidence presented must show that the
incapacitated party was mentally or physically ill so that he or she could not have known the marital obligations assumed in marriage.
The court applied the law correctly. In a void marriage, regardless of the cause, the property relations of the parties during the
period of cohabitation is governed by the provisions of Article 147 or 148 such as the case may be of the family code. Article 147 is
just a remake of article 144 of the civil code as interpreted and so applied in previous cases.
Wherefore, the questioned orders dated May 5, 1995 and October 30, 1995, of the trial court are affirmed.
MANUEL G. ALMELOR v. REGIONAL TRIAL COURT OF LAS PINAS CITY, BRANCH 254, AND LEONIDA T. ALMELOR
G.R. No. 179620 August 26, 2008
FACTS:
On January 29, 1989, Manuel Almelor and Leonida Almelor got married at the Manila Cathedral. They had three children. Manuel
and Leonida are both medical practitioners, an anesthesiologist and a pediatrician, respectively. Prior to their union, they met each
other in 1981 at San Lazaro Hospital where they worked as medical students. At that time, she regarded Manuel as a very thoughtful
person who got along well with other people. They soon became sweethearts. Three years after, they got married.
After eleven (11) years of marriage, Leonida filed a petition with the RTC in Las Pinas City to annul their marriage on the ground
that Manuel was psychologically incapacitated to perform his marital obligations. Leonida averred that Manuel's kind and gentle
demeanor did not last long. Frequent quarrels of the couple rooted from the harsh disciplinary measure of Manuel to their children.
She also contended that Manuel was up to this time, he was still attached to his mother and dependent on her especially on decisionmaking.
On November 25, 2005, RTC rendered judgment granting the petition for annulment, stating that the marriage between Manuel
and Leonida was void from the beginning on the ground of psychological incapacity. On July 31, 2007, CA affirmed in toto the decision
of the trial court.
ISSUE:
Whether or not the decision of the lower court was correct in upholding the marriage between Leonida and Manuel null and void
on the ground of psychological incapacity.
HELD:
The Supreme Court ruled that the decision of the lower court is not correct.
The trial court declared that Leonida's petition for nullity had "no basis at all because the supporting grounds relied upon can
not legally make a case under Article 36 of the Family Code." It went further by citing Republic v. Molina:
Indeed, mere allegations of conflicting personalities, irreconcilable differences, incessant quarrels and/or beatings,
unpredictable mood swings, infidelities, vices, abandonment, and difficulty, neglect, or failure in the performance of some marital
obligations do not suffice to establish psychological incapacity.
Even assuming, ex gratia argumenti, that Manuel is a homosexual, the lower court cannot appreciate it as a ground to annul his
marriage with Leonida. The law is clear - a marriage may be annulled when the consent of either party was obtained by fraud, such as
concealment of homosexuality. Nowhere in the said decision was it proven by preponderance of evidence that Manuel was a
homosexual at the onset of his marriage and that he deliberately hid such fact to his wife. It is the concealment of homosexuality, and
not homosexuality per se, that vitiates the consent of the innocent party. Such concealment presupposes bad faith and intent to
defraud the other party in giving consent to the marriage.
Consent is an essential requisite of a valid marriage. To be valid, it must be freely given by both parties. An allegation of vitiated
consent must be proven by preponderance of evidence. The Family Code has enumerated an exclusive list of circumstances
constituting fraud. Homosexuality per se is not among those cited, but its concealment.
To reiterate, homosexuality per se is only a ground for legal separation. It is its concealment that serves as a valid ground to
annul a marriage. Concealment in this case is not simply a blanket denial, but one that is constitutive of fraud. It is this fundamental
element that respondent failed to prove.
Verily, the lower court committed grave abuse of discretion, not only by solely taking into account petitioner's homosexuality
per se and not its concealment, but by declaring the marriage void from its existence.
This Court is mindful of the constitutional policy to protect and strengthen the family as the basic autonomous social institution
and marriage as the foundation of the family. The State and the public have vital interest in the maintenance and preservation of
these social institutions against desecration by fabricated evidence. Thus, any doubt should be resolved in favor of the validity of
marriage.
MARIA REBECCA MAKAPUGAY BAYOT v. COURT OF APPEALS AND VICENTE MADRIGAL BAYOT
November 7, 2008
FACTS:
Vicente and Rebecca were married on April 20, 1979 in Sanctuario de San Jose, Greenhills, Mandaluyong City. On November 27,
1982 in San Francisco, California, Rebecca gave birth to Marie Josephine Alexandra or Alix. From then on, Vicente and Rebecca's
marital relationship seemed to have soured as the latter, sometime in 1996, initiated divorce proceedings in the Dominican Republic.
Before the Court of the First Instance of the Judicial District of Santo Domingo, Rebecca personally appeared, while Vicente was duly
represented by counsel. On February 22, 1996, the Dominican court issued Civil Decree No. 362/96. On March 21, 2001, Rebecca
filed another petition, this time before the Muntinlupa City RTC, for declaration of absolute nullity of marriage on the ground of
Vicente's alleged psychological incapacity. On June 8, 2001, Vicente filed a Motion to Dismiss. To the motion to dismiss, Rebecca
interposed an opposition, insisting on her Filipino citizenship, as affirmed by the Department of Justice (DOJ), and that, therefore, there
is no valid divorce to speak of.
RTC ruled against Vicente. CA ruled in favor of Rebecca stating that the marriage between the spouses was already dissolved
upon the grant of divorce since Rebecca was an American citizen when she applied for such decree.
ISSUE:
Whether or not the divorce decree obtained by Rebecca in Guam was sufficient to dissolve the marriage bond between them.
Thus, the application for the declaration of nullity of marriage before the RTC was no longer needed.
HELD:
There can be no serious dispute that Rebecca, at the time she applied for and obtained her divorce from Vicente, was an
American citizen and remains to be one, absent proof of an effective repudiation of such citizenship. The following are compelling
circumstances indicative of her American citizenship: (1) she was born in Agaa, Guam, USA; (2) the principle of jus soli is followed
in this American territory granting American citizenship to those who are born there; and (3) she was, and may still be, a holder of an
American passport.
And as aptly found by the CA, Rebecca had consistently professed, asserted, and represented herself as an American citizen,
particularly: (1) during her marriage as shown in the marriage certificate; (2) in the birth certificate of Alix; and (3) when she secured
the divorce from the Dominican Republic.
First, at the time of the divorce, as above elucidated, Rebecca was still to be recognized, assuming for argument that she was in
fact later recognized, as a Filipino citizen, but represented herself in public documents as an American citizen. At the very least, she
chose, before, during, and shortly after her divorce, her American citizenship to govern her marital relationship.
Second, she secured personally said divorce as an American citizen, as is evident in the text of the Civil Decrees.
Third, being an American citizen, Rebecca was bound by the national laws of the United States of America, a country which
allows divorce. Fourth, the property relations of Vicente and Rebecca were properly adjudicated through their Agreement executed on
December 14, 1996 after Civil Decree No. 362/96 was rendered on February 22, 1996, and duly affirmed by Civil Decree No. 406/97
issued on March 4, 1997. Veritably, the foreign divorce secured by Rebecca was valid.
It is essential that there should be an opportunity to challenge the foreign judgment, in order for the court in this jurisdiction to
properly determine its efficacy. In this jurisdiction, our Rules of Court clearly provide that with respect to actions in personam, as
distinguished from actions in rem, a foreign judgment merely constitutes prima facie evidence of the justness of the claim of a party
and, as such, is subject to proof to the contrary.
As the records show, Rebecca, assisted by counsel, personally secured the foreign divorce while Vicente was duly represented
by his counsel, a certain Dr. Alejandro Torrens, in said proceedings. As things stand, the foreign divorce decrees rendered and issued
by the Dominican Republic court are valid and, consequently, bind both Rebecca and Vicente.
Finally, the fact that Rebecca may have been duly recognized as a Filipino citizen by force of the June 8, 2000 affirmation by
Secretary of Justice Tuquero of the October 6, 1995 Bureau Order of Recognition will not, standing alone, work to nullify or invalidate
the foreign divorce secured by Rebecca as an American citizen on February 22, 1996. For as we stressed at the outset, in determining
whether or not a divorce secured abroad would come within the pale of the country's policy against absolute divorce, the reckoning
point is the citizenship of the parties at the time a valid divorce is obtained.