A guide for unmarried filipinos. Annulment is not a magic. :)) Here are some of the landmark cases in the repository related to psychological incapacity, to wit: 1. Failure to communicate G.R. No. 112019 Philippine Jurisprudence - LEOUEL SANTOS vs. COURT OF APPEALS. This is a case between Louie and Julia who have tied knot on September 20, 1986. On May 18, 1988 Julia left for the United States to work as nurse and did not return nor communicate with her husband for more than five years. Eventually her husband sought her in the US when he got a chance to visit in that place but no to avail. Now the deserted husband filed a case invoking psychological incapacity. The supreme court ruled that this is not a psychological incapacity because psychological incapacity must be characterized by gravity, juridical, antecedence and incurability. This incapacity must be grave or serious and deep rooted in the history of the the other party way back to the very beginning of the celebration of marriage although the overt act of this incapacity manifests only thereafter. In addition it must not be less than mental and not just physical to the extent that the complained party is vehemently incognitive from the very beginning to give meaning and significance to the marriage. This was not proven in this case therefore the petition of the deserted husband was denied. 2. Irreconcilable differences G.R. No. 108763 Philippine Jurisprudence - REPUBLIC OF THE PHIL. vs. CA and RORIDEL OLIVIANO MOLINA. This real life soap opera starred Reynaldo and Roridel who solemnized their marriage on April 14, 1985 and later bore a son out of utmost love and passion. However a year later the husband shows a sign of immaturity and irresponsibility as a father by preferring to be with his peers and friends instead of his family. In addition to his wifes calvary, Reynaldo depends only in his parents for the support of his family and was never honest to their finances that resulted into frequent quarrel. This problem results into litigation invoking psychological incapacity citing irreconcilable differences. The supreme court decided that the mere showing of irreconcilable differences is in no case psychological incapacity. It is not enough to prove that the parties failed to meet their duties and responsibilities constitutes psychological incapacity. There is no showing of the gravity of the problem, neither its juridical antecedence or incurability. In this case the supreme court held that their marriage will remain to be valid. 3. Abandonment G.R. No. 149498 REPUBLIC OF THE PHILIPPINES vs. LOLITA HAMANO. This case involves Lolita and her Japanese husband Toshio. Her husband went back to Japan to spent some holidays with his family and promised to go back to the Philippines. After sending money for two months the latter stopped giving financial support and abandoned his family. Now Lolita petitioned the court praying for the nullity of her marriage on the ground of psychological incapacity because of abandonment. The supreme court ruled that the act of abandonment on the part of the husband was doubtlessly irresponsible but it was never proven to be due to some kind of psychological illness. There was no proof of a natal or supervening disabling factor in the person, an adverse integral element in the personality structure that effectively incapacitates a person from accepting and complying with the obligations essential to marriage. Wherefore the petitioned filed by Lolita was denied and set aside. Source: Dewey Digita.
Posted on: Thu, 27 Mar 2014 04:29:01 +0000
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