Molina
Molina
Molina
CA and Molina
G.R. No. 108763
February 13, 1997
FACTS
This is a petition for review on certiorari challenging the decision
of Court of Appeals (CA) affirming the marriage of respondent
Roridel Molina to Reynaldo Molina void ab initio, on the ground
of "psychological incapacity".
The couple got married in 1985, after a year, Reynaldo
manifested signs of immaturity and irresponsibility both as
husband and a father preferring to spend more time with friends
whom he squandered his money, depends on his parents for aid
and assistance and was never honest with his wife in regard to
their finances. In 1986, the couple had an intense quarrel and
as a result their relationship was estranged. Roridel quit her work
and went to live with her parents in Baguio City in 1987 and a
few weeks later, Reynaldo left her and their child. Since then he
abandoned them.
Roridel then filed a petition for declaration of nullity of marriage
before the RTC of La Trinidad on the grounds of psychological
incapacity which allege that Reynaldo was incapable of
complying with essential marital obligations and was a highly
immature; and that it would be to the couple's best interest to
have their marriage declared null and void in order to free them
from what appeared to be an incompatible marriage from the
start. The trial court declared the marriage void finding that "that
the marriage between the parties broke up because of their
opposing and conflicting personalities." Then, it added its own
opinion that "the Civil Code Revision Committee (hereinafter
referred to as Committee) intended to liberalize the application of
our civil laws on personal and family rights, which the CA
affirmed in toto; hence, the Solicitor General filed a petition for
certiorari.
ISSUE
Whether “opposing and conflicting personalities” is equivalent to
psychological incapacity and therefore void.
RULING
No. The marriage between Roridel and Reynaldo subsists and
remains valid. The law intended to confine the meaning of
psychological incapacity only to the most serious cases of
personality disorders that must have existed at the time marriage
is celebrated. Irreconcilable differences or conflicting
personalities are not incapacities that would hinder the fulfillment
of the essential marital obligations of the parties. The
characteristics of gravity, judicial antecedence and incurability
are not present in the case. In addition, the expert testimony by
Dr Sison showed no incurable psychiatric disorder but only
incompatibility which is not considered as psychological
incapacity.
The following are the guidelines as to the grounds of
psychological incapacity laid set forth in this case: (1) the burden
of proof belongs to the plaintiff; (2) the root cause of
psychological incapacity must be medically or clinically identified,
alleged in the complaint, sufficiently proven by expert, and clearly
explained in the decision; (3) the incapacity must be proven to
be existing at the time of the celebration of marriage; (4) the
incapacity must be medically or clinically permanent or incurable;
(5) such illness must be grave enough to disable fulfillment of
essential marital obligations; (6) the essential marital obligation
must be embraced by Articles 68 to 71 of the Family Code as
regards husband and wife, and Articles 220 to 225 of the same
code as regards parents and their children; (7) interpretation
made by the National Appellate Matrimonial Tribunal of the
Catholic Church are to be given great weight; and (8) the fiscal
and the Solicitor-General must appear as counsel for the State.