THIRD DIVISION

[G.R. No. 149498. May 20, 2004]

REPUBLIC OF THE PHILIPPINES, petitioner, vs. LOLITA QUINTERO-

HAMANO, respondent.

DECISION
CORONA, J.:

Before us is a petition for review of the decision  dated August 20, 2001 of
[1]

the Court of Appeals  affirming the decision  dated August 28, 1997 of the
[2] [3]

Regional Trial Court of Rizal, Branch 72, declaring as null and void the
marriage contracted between herein respondent Lolita M. Quintero-Hamano
and her husband Toshio Hamano.
On June 17, 1996, respondent Lolita Quintero-Hamano filed a complaint
for declaration of nullity of her marriage to her husband Toshio Hamano, a
Japanese national, on the ground of psychological incapacity.
Respondent alleged that in October 1986, she and Toshio started a
common-law relationship in Japan. They later lived in the Philippines for a
month. Thereafter, Toshio went back to Japan and stayed there for half of
1987. On November 16, 1987, she gave birth to their child.
On January 14, 1988, she and Toshio were married by Judge Isauro M.
Balderia of the Municipal Trial Court of Bacoor, Cavite. Unknown to
respondent, Toshio was psychologically incapacitated to assume his marital
responsibilities, which incapacity became manifest only after the
marriage. One month after their marriage, Toshio returned to Japan and
promised to return by Christmas to celebrate the holidays with his family. After
sending money to respondent for two months, Toshio stopped giving financial
support. She wrote him several times but he never responded. Sometime in
1991, respondent learned from her friends that Toshio visited the Philippines
but he did not bother to see her and their child.
The summons issued to Toshio remained unserved because he was no
longer residing at his given address. Consequently, on July 8, 1996,
respondent filed an ex parte motion for leave to effect service of summons by
publication. The trial court granted the motion on July 12, 1996. In August
1996, the summons, accompanied by a copy of the petition, was published in
a newspaper of general circulation giving Toshio 15 days to file his
answer.Because Toshio failed to file a responsive pleading after the lapse of
60 days from publication, respondent filed a motion dated November 5, 1996
to refer the case to the prosecutor for investigation. The trial court granted the
motion on November 7, 1996.
On November 20, 1996, prosecutor Rolando I. Gonzales filed a report
finding that no collusion existed between the parties. He prayed that the Office
of the Provincial Prosecutor be allowed to intervene to ensure that the
evidence submitted was not fabricated. On February 13, 1997, the trial court
granted respondents motion to present her evidence ex parte. She then
testified on how Toshio abandoned his family. She thereafter offered
documentary evidence to support her testimony.
On August 28, 1997, the trial court rendered a decision, the dispositive
portion of which read:

WHEREFORE, premises considered, the marriage between petitioner Lolita M.

Quintero-Hamano and Toshio Hamano, is hereby declared NULL and VOID.

The Civil Register of Bacoor, Cavite and the National Statistics Office are ordered to
make proper entries into the records of the afore-named parties pursuant to this
judgment of the Court.

SO ORDERED. [4]

In declaring the nullity of the marriage on the ground of Toshios

psychological incapacity, the trial court held that:

It is clear from the records of the case that respondent spouses failed to fulfill his
obligations as husband of the petitioner and father to his daughter. Respondent
remained irresponsible and unconcerned over the needs and welfare of his family.
Such indifference, to the mind of the Court, is a clear manifestation of insensitivity
and lack of respect for his wife and child which characterizes a very immature person.
Certainly, such behavior could be traced to respondents mental incapacity and
disability of entering into marital life.
[5]

The Office of the Solicitor General, representing herein petitioner Republic

of the Philippines, appealed to the Court of Appeals but the same was denied
in a decision dated August 28, 1997, the dispositive portion of which read:
WHEREFORE, in view of the foregoing, and pursuant to applicable law and
jurisprudence on the matter and evidence on hand, judgment is hereby rendered
denying the instant appeal. The decision of the court a quo is AFFIRMED. No costs.

SO ORDERED. [6]

The appellate court found that Toshio left respondent and their daughter a
month after the celebration of the marriage, and returned to Japan with the
promise to support his family and take steps to make them Japanese
citizens.But except for two months, he never sent any support to nor
communicated with them despite the letters respondent sent. He even visited
the Philippines but he did not bother to see them. Respondent, on the other
hand, exerted all efforts to contact Toshio, to no avail.
The appellate court thus concluded that respondent was psychologically
incapacitated to perform his marital obligations to his family, and to observe
mutual love, respect and fidelity, and render mutual help and support pursuant
to Article 68 of the Family Code of the Philippines. The appellate court
rhetorically asked:

But what is there to preserve when the other spouse is an unwilling party to the
cohesion and creation of a family as a social inviolable institution? Why should
petitioner be made to suffer in a marriage where the other spouse is not around and
worse, left them without even helping them cope up with family life and assist in the
upbringing of their daughter as required under Articles 68 to 71 of the Family Code? [7]

The appellate court emphasized that this case could not be equated
with Republic vs. Court of Appeals and Molina  and Santos vs. Court of
[8]

Appeals.  In those cases, the spouses were Filipinos while this case involved
[9]

a mixed marriage, the husband being a Japanese national.

Hence, this appeal by petitioner Republic based on this lone assignment
of error:

The Court of Appeals erred in holding that respondent was able to prove the
psychological incapacity of Toshio Hamano to perform his marital obligations,
despite respondents failure to comply with the guidelines laid down in
the Molina case.[10]

According to petitioner, mere abandonment by Toshio of his family and his

insensitivity to them did not automatically constitute psychological
incapacity. His behavior merely indicated simple inadequacy in the personality
of a spouse falling short of reasonable expectations. Respondent failed to
prove any severe and incurable personality disorder on the part of Toshio, in
accordance with the guidelines set in Molina.
The Office of the Public Attorney, representing respondent, reiterated the
ruling of the courts a quo and sought the denial of the instant petition.
We rule in favor of petitioner.
The Court is mindful of the policy of the 1987 Constitution to protect and
strengthen the family as the basic autonomous social institution and marriage
as the foundation of the family.  Thus, any doubt should be resolved in favor
[11]

of the validity of the marriage. [12]

Respondent seeks to annul her marriage with Toshio on the ground of

psychological incapacity. Article 36 of the Family Code of
the Philippines provides that:

Art. 36. A marriage contracted by any party who, at the time of the celebration, was
psychologically incapacitated to comply with the essential marital obligations of
marriage, shall likewise be void even if such incapacity becomes manifest only after
its solemnization.

In Molina, we came up with the following guidelines in the interpretation

and application of Article 36 for the guidance of the bench and the bar:

(1) The burden of proof to show the nullity of the marriage belongs to the plaintiff.
Any doubt should be resolved in favor of the existence and continuation of the
marriage and against its dissolution and nullity. This is rooted in the fact that both our
Constitution and our laws cherish the validity of marriage and unity of the family. x x
x

(2) The root cause of the psychological incapacity must be: (a) medically or
clinically identified, (b) alleged in the complaint, (c) sufficiently proven by
experts and (d) clearly explained in the decision. Article 36 of the Family Code
requires that the incapacity must be psychological - not physical, although its
manifestations and/or symptoms may be physical. The evidence must convince the
court that the parties, or one of them, was mentally or psychically ill to such an extent
that the person could not have known the obligations he was assuming, or knowing
them, could not have given valid assumption thereof. Although no example of such
incapacity need be given here so as not to limit the application of the provision under
the principle of ejusdem generis (Salita vs. Magtolis, 233 SCRA 100, June 13, 1994),
nevertheless such root cause must be identified as a psychological illness and its
incapacitating nature fully explained. Expert evidence may be given by qualified
psychiatrists and clinical psychologists.

(3) The incapacity must be proven to be existing at the time of the celebration of the
marriage. The evidence must show that the illness was existing when the parties
exchanged their I dos. The manifestation of the illness need not be perceivable at such
time, but the illness itself must have attached at such moment, or prior thereto.

(4) Such incapacity must also be shown to be medically or clinically permanent or

incurable. Such incurability may be absolute or even relative only in regard to the
other spouse, not necessarily absolutely against everyone of the same sex.
Furthermore, such incapacity must be relevant to the assumption of marriage
obligations, not necessarily to those not related to marriage, like the exercise of a
profession or employment in a job. Hence, a pediatrician may be effective in
diagnosing illnesses of children and prescribing medicine to cure them but may not be
psychologically capacitated to procreate, bear and raise his/her own children as an
essential obligation of marriage.

(5) Such illness must be grave enough to bring about the disability of the party to
assume the essential obligations of marriage. Thus, mild characteriological
peculiarities, mood changes, occasional emotional outbursts cannot be accepted as
root causes. The illness must be shown as downright incapacity or inability, not a
refusal, neglect or difficulty, much less ill will. In other words, there is a natal or
supervening disabling factor in the person, an adverse integral element in the
personality structure that effectively incapacitates the person from really accepting
and thereby complying with the obligations essential to marriage.

(6) The essential marital obligations must be those embraced by Articles 68 up to 71

of the Family Code as regards the husband and wife as well as Articles 220, 221 and
225 of the same Code in regard to parents and their children. Such non-complied
marital obligation(s) must also be stated in the petition, proven by evidence and
included in the text of the decision.

(7) 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. x x x

(8) The trial court must order the prosecuting attorney or fiscal and the Solicitor
General to appear as counsel for the state. No decision shall be handed down unless
the Solicitor General issues a certification, which will be quoted in the decision,
briefly stating therein his reasons for his agreement or opposition, as the case may be,
to the petition. The Solicitor-General, along with the prosecuting attorney, shall
submit to the court such certification within fifteen (15) days from the date the case is
deemed submitted for resolution of the court. The Solicitor-General shall discharge
the equivalent function of the defensor vinculi contemplated under Canon 1095.
 (emphasis supplied)
[13]

The guidelines incorporate the three basic requirements earlier mandated

by the Court in Santos: psychological incapacity must be characterized by (a)
gravity (b) juridical antecedence and (c) incurability.  The foregoing guidelines
[14]

do not require that a physician examine the person to be declared

psychologically incapacitated. In fact, the root cause may be medically or
clinically identified. What is important is the presence of evidence that can
adequately establish the partys psychological condition. For indeed, if the
totality of evidence presented is enough to sustain a finding of psychological
incapacity, then actual medical examination of the person concerned need not
be resorted to. [15]

We now proceed to determine whether respondent successfully proved

Toshios psychological incapacity to fulfill his marital responsibilities.
Petitioner showed that Toshio failed to meet his duty to live with, care for
and support his family. He abandoned them a month after his marriage to
respondent. Respondent sent him several letters but he never replied. He
made a trip to the Philippines but did not care at all to see his family.
We find that the totality of evidence presented fell short of proving that
Toshio was psychologically incapacitated to assume his marital
responsibilities. Toshios act of abandonment was doubtlessly irresponsible
but it was never alleged nor proven to be due to some kind of psychological
illness. After respondent testified on how Toshio abandoned his family, no
other evidence was presented showing that his behavior was caused by a
psychological disorder.Although, as a rule, there was no need for an actual
medical examination, it would have greatly helped respondents case had she
presented evidence that medically or clinically identified his illness. This could
have been done through an expert witness. This respondent did not do.
We must remember that abandonment is also a ground for legal
separation.  There was no showing that the case at bar was not just an
[16]

instance of abandonment in the context of legal separation. We cannot

presume psychological defect from the mere fact that Toshio abandoned his
family immediately after the celebration of the marriage. As we ruled
in Molina, it is not enough to prove that a spouse failed to meet his
responsibility and duty as a married person; it is essential that he must be
shown to be incapable of doing so due to some psychological, not physical,
illness.  There was no proof of a natal or supervening disabling factor in the
[17]

person, an adverse integral element in the personality structure that effectively

incapacitates a person from accepting and complying with the obligations
essential to marriage.[18]

According to the appellate court, the requirements

in Molina and Santos do not apply here because the present case involves a
mixed marriage, the husband being a Japanese national. We disagree. In
proving psychological incapacity, we find no distinction between an alien
spouse and a Filipino spouse. We cannot be lenient in the application of the
rules merely because the spouse alleged to be psychologically incapacitated
happens to be a foreign national. The medical and clinical rules to determine
psychological incapacity were formulated on the basis of studies of human
behavior in general. Hence, the norms used for determining psychological
incapacity should apply to any person regardless of nationality.
In Pesca vs. Pesca,  this Court declared that marriage is an inviolable
[19]

social institution that the State cherishes and protects. While we commiserate

with respondent, terminating her marriage to her husband may not necessarily
be the fitting denouement.
WHEREFORE, the petition for review is hereby GRANTED. The decision
dated August 28, 1997 of the Court of Appeals is hereby REVERSED and
SET ASIDE.
SO ORDERED.
Vitug, (Chairman and Acting Chief Justice), Sandoval-
Gutierrez, and Carpio-Morales, JJ., concur.