This case has been cited 2 times or more.
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2011-01-17 |
VILLARAMA, JR., J. |
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| Petitioner tried to make it appear that his family history of having a womanizer for a father, was one of the reasons why he engaged in extra-marital affairs during his marriage. However, it appears more likely that he became unfaithful as a result of a general dissatisfaction with his marriage rather than a psychological disorder rooted in his personal history. His tendency to womanize, assuming he had such tendency, was not shown to be due to causes of a psychological nature that is grave, permanent and incurable. In fact, the records show that when respondent learned of his affair, he immediately terminated it. In short, petitioner's marital infidelity does not appear to be symptomatic of a grave psychological disorder which rendered him incapable of performing his spousal obligations. It has been held in various cases that sexual infidelity, by itself, is not sufficient proof that petitioner is suffering from psychological incapacity.[18] It must be shown that the acts of unfaithfulness are manifestations of a disordered personality which make petitioner completely unable to discharge the essential obligations of marriage.[19] That not being the case with petitioner, his claim of psychological incapacity must fail. It bears stressing that psychological incapacity must be more than just a "difficulty," "refusal" or "neglect" in the performance of some marital obligations. Rather, it is essential that the concerned party was incapable of doing so, due to some psychological illness existing at the time of the celebration of the marriage. In Santos v. Court of Appeals,[20] the intention of the law is 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.[21] | |||||
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2010-04-15 |
MENDOZA, J. |
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| Psychological incapacity required by Art. 36 must be characterized by (a) gravity, (b) juridical antecedence and (c) incurability. The incapacity must be grave or serious such that the party would be incapable of carrying out the ordinary duties required in marriage. It must be rooted in the history of the party antedating the marriage, although the overt manifestations may emerge only after the marriage. It must be incurable or, even if it were otherwise, the cure would be beyond the means of the party involved.[7] The Court likewise laid down the guidelines in resolving petitions for declaration of nullity of marriage, based on Article 36 of the Family Code, in Republic v. Court of Appeals.[8] Relevant to this petition are the following: (1) The burden of proof to show the nullity of the marriage belongs to the plaintiff; (2) the root cause of the psychological incapacity must be medically or clinically identified, alleged in the complaint, sufficiently proven by experts and 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; and (5) such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage. | |||||