Marital Obligations of Marriage, Shall Likewise Be Void Even If Such Incapacity Becomes Manifest Only After Its Solemnization
Marital Obligations of Marriage, Shall Likewise Be Void Even If Such Incapacity Becomes Manifest Only After Its Solemnization
Marital Obligations of Marriage, Shall Likewise Be Void Even If Such Incapacity Becomes Manifest Only After Its Solemnization
Plaintiff: husband is impotent and a closet One of the essential marital obligations under the FC is “to procreate children based on the
homosexual, married her to acquire or maintain universal principle that procreation of children through sexual cooperation is the basic end of
his residency status here in the country marriage.” Constant non-fulfillment of his obligation will finally destroy the integrity or
wholeness of the marriage. In the case at bar, the senseless and protracted refusal of one of the
Dr. Alteza Jr: there is no evidence of impotency parties to fulfill the above marital obligation is equivalent to psychological incapacity.
and he is capable of erection, capable of having
sexual intercourse with a woman An ungiven self is an unfulfilled self.
The evidence adduced by respondent merely showed that she and her husband could nor get
along with each other. There had been no showing of the gravity of the problem; neither its
juridical antecedence nor its incurability. The expert testimony of Dr. Sison showed no
incurable psychiatric disorder but only incompatibility, not psychological incapacity.
During its deliberations, the Court decided to go beyond merely ruling on the facts of this
case vis-a-visexisting law and jurisprudence. In view of the novelty of Art. 36 of the Family Code
and the difficulty experienced by many trial courts interpreting and applying it, the Court
decided to invite two amici curiae, namely, the Most Reverend Oscar V. Cruz, Vicar
Judicial (Presiding Judge) of the National Appellate Matrimonial Tribunal of the Catholic Church
in the Philippines, and Justice Ricardo C. Puno, a member of the Family Code Revision
Committee. The Court takes this occasion to thank these friends of the Court for their
informative and interesting discussions during the oral argument on December 3, 1996, which
they followed up with written memoranda.
From their submissions and the Court's own deliberations, the following guidelines in the
interpretation and application of Art. 36 of the Family Code are hereby handed down for the
guidance of the bench and the bar: (Molina guidelines)
Instant case applied Santos vs CA. Such ruling becomes even more cogent with the use of the
foregoing guidelines.
There is therefore a recognition written into the law itself that such a marriage, although void
ab initio, may still produce legal consequences. Among these legal consequences is incurring
criminal liability for bigamy.
However, for humanitarian purposes, and considering that petitioner’s marriage to Alocillo has
after all been declared by final judgment to be void ab initio on account of the latter’s
psychological incapacity, by reason of which, petitioner was subjected to manipulative abuse,
the Court deems it proper to reduce the penalty imposed by the lower courts.
Fourth. The gravity of respondent’s psychological incapacity is sufficient to prove her disability
to assume the essential obligations of marriage. It is immediately discernible that the parties
had shared only a little over a year of cohabitation before the exasperated petitioner left his
wife. Whatever such circumstance speaks of the degree of tolerance of petitioner, it likewise
supports the belief that respondent’s psychological incapacity, as borne by the record, was so
grave in extent that any prolonged marital life was dubitable.
Fifth. Respondent is evidently unable to comply with the essential marital obligations as
embraced by Articles 68 to 71 of the Family Code. Article 68, in particular, enjoins the spouses
to live together, observe mutual love, respect and fidelity, and render mutual help and support.
As noted by the trial court, it is difficult to see how an inveterate pathological liar would be able
to commit to the basic tenets of relationship between spouses based on love, trust and respect.
Sixth. The Court of Appeals clearly erred when it failed to take into consideration the fact that
the marriage of the parties was annulled by the Catholic Church. The appellate court apparently
deemed this detail totally inconsequential as no reference was made to it anywhere in the
assailed decision despite petitioner’s efforts to bring the matter to its attention. 88 Such
deliberate ignorance is in contravention of Molina, which held that interpretations given by the
National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not
controlling or decisive, should be given great respect by our courts.
We stated earlier that Molina is not set in stone, Seventh. The final point of contention is the requirement in Molina that such psychological
and that the interpretation of Article 36 relies incapacity be shown to be medically or clinically permanent or incurable. It was on this score
heavily on a case-to-case perception. It would be that the Court of Appeals reversed the judgment of the trial court, the appellate court noting
insensate to reason to mandate in this case an that it did not appear certain that respondent’s condition was incurable and that Dr. Abcede did
expert medical or clinical diagnosis of not testify to such effect
incurability, since the parties would have had no
impelling cause to present evidence to that But on careful examination, there was good reason for the experts’ taciturnity on this point.
effect at the time this case was tried by the RTC The petitioner’s expert witnesses testified in 1994 and 1995, and the trial court rendered its
more than ten (10) years ago. From the totality decision on 10 August 1995. These events transpired well before Molina was promulgated in
of the evidence, we are sufficiently convinced 1997 and made explicit the requirement that the psychological incapacity must be shown to be
that the incurability of respondent’s medically or clinically permanent or incurable. Such requirement was not expressly stated in
psychological incapacity has been established Article 36 or any other provision of the Family Code.
by the petitioner.
NAJERA VS NAJERA DENIED
Respondent was jobless, while Psychologist Cristina R. Gates testified that she As found by the Court of Appeals, Psychologist Cristina Gates’ conclusion that respondent was
employed as a seaman, was interviewed petitioner, but not respondent who psychologically incapacitated was based on facts relayed to her by petitioner and was not based
away from home from 9-10 was abroad. on her personal knowledge and evaluation of respondent; thus, her finding is unscientific and
months each year, quarreled unreliable. Moreover, the trial court correctly found that petitioner failed to prove with
with her, was jealous 1. Respondent is afflicted with psychological certainty that the alleged personality disorder of respondent was incurable.
hang-ups which are rooted in the kind of family
background he has. His mother had an The Court agrees with the Court of Appeals that the evidence presented by petitioner in regard
extramarital affair and separated from to the physical violence or grossly abusive conduct of respondent toward petitioner and
Respondent’s father. This turn of events left an respondent’s abandonment of petitioner without justifiable cause for more than one year are
irreparable mark upon Respondent, gauging grounds for legal separation only and not for annulment of marriage under Article 36 of the
from his alcoholic and marijuana habit. In time, Family Code.
he seemed steep in a kind of a double bind
where he both deeply loved and resented his Petitioner: Court of Appeals failed to consider the Decision of the National Appellate
mother. Matrimonial Tribunal
2. His baseless accusation against his wife and
his violent behavior towards her appears to be Canon 1095. The following are incapable of contracting marriage:
an offshoot of deep-seated feelings and
recurrent thoughts towards his own mother. 1. those who lack sufficient use of reason;
Unable to resolve his childhood conflicts and
anger, he turned to his wife as the scapegoat for 2. those who suffer from a grave lack of discretion of judgment concerning the
all his troubles. essential matrimonial rights and obligations to be mutually given and accepted;
3. Based on the Diagnostic and Statistical 3. those who, because of causes of a psychological nature, are unable to assume the
Manual (DSM IV), Respondent is afflicted with a essential obligations of marriage.
Borderline Personality Disorder as marked by
his pattern of instability in his interpersonal
relationships, his marred self-image and self- It must be pointed out that in this case, the basis of the declaration of nullity of marriage by the
destructive tendencies, his uncontrollable National Appellate Matrimonial Tribunal is not the third paragraph of Canon 1095 which
impulses. Eduardo Najera’s psychological mentions causes of a psychological nature, but the second paragraph of Canon 1095 which
impairment as traced to his parents’ separation, refers to those who suffer from a grave lack of discretion of judgment concerning essential
aggravated by the continued meddling of his matrimonial rights and obligations to be mutually given and accepted.
mother in his adult life, antedates his marriage
to Petitioner Digna Aldana.
Supreme Court:
We find respondent's 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 petitioner's 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