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Choa vs. Choa

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Choa vs.

Choa

FACTS:

Respondent Alfonso Choa filed a complaint for the annulment of his marriage to
petitioner Leni Choa on the grounds of psychological incapacity. Petitioner filed a
demurer of evidence (an objection or exception by one of the parties in an action at
law to the effect that the evidence which the adversary produced is insufficient in
point of law to make out a case and sustain the issue). The demurrer of evidence
was dismissed by the appellate court which upheld that the claims of Alfonso Choa
that hers wife had filed several lawsuits against him indicating psychological
incapacity and that his wife was immature, carefree and had no intentions of
procreative sexuality- as sufficient evidence.

ISSUE:

Whether or not Alfonso Choa presented quantum evidence for the declaration of
nullity of his marriage with Leni on the ground of psychological incapacity.

HELD:

Psychological incapacity must be characterized by gravity, juridical antecedence,
and incurability. The testimony of the expert doctor and the respondent only
showed that the two couldnt get along with each other. The spouses had an
incompatibility or defect that could possibly be treated or alleviated through
psychotherapy.

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