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    Republic Vs de Gracia

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    DNAA
    Rodolfo filed for annulment of his marriage to Natividad, alleging that she was psychologically incapacitated. While the psychologist found both parties psychologically incapacitated, the court ruled that there was insufficient evidence that Natividad's condition was grave, deeply-rooted, and incurable as required. The psychological report did not adequately explain how Natividad's emotional immaturity and infidelity constituted an incurable incapacity. Therefore, the court denied the annulment petition.

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    Republic Vs de Gracia

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    DNAA
    52 views2 pages
    Rodolfo filed for annulment of his marriage to Natividad, alleging that she was psychologically incapacitated. While the psychologist found both parties psychologically incapacitated, the court ruled that there was insufficient evidence that Natividad's condition was grave, deeply-rooted, and incurable as required. The psychological report did not adequately explain how Natividad's emotional immaturity and infidelity constituted an incurable incapacity. Therefore, the court denied the annulment petition.

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    Civil law

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    Republic vs de Gracia

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    Rodolfo filed for annulment of his marriage to Natividad, alleging that she was psychologically incapacitated. While the psychologist found both parties psychologically incapacitated, the court ruled that there was insufficient evidence that Natividad's condition was grave, deeply-rooted, and incurable as required. The psychological report did not adequately explain how Natividad's emotional immaturity and infidelity constituted an incurable incapacity. Therefore, the court denied the annulment petition.

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    Download as DOCX, PDF, TXT or read online from Scribd
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    52 views2 pages

    Republic Vs de Gracia

    Uploaded by

    DNAA
    Rodolfo filed for annulment of his marriage to Natividad, alleging that she was psychologically incapacitated. While the psychologist found both parties psychologically incapacitated, the court ruled that there was insufficient evidence that Natividad's condition was grave, deeply-rooted, and incurable as required. The psychological report did not adequately explain how Natividad's emotional immaturity and infidelity constituted an incurable incapacity. Therefore, the court denied the annulment petition.

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    of 2

    73.) REPUBLIC OF THE PHILIPPINES VS RODOLFO O.

    DE GRACIA
    GR No. 17155, 12 February 2014

    DOCTRINE: Psychological temperament of parties are usually given considerable weight by


    the courts, the existence of psychological incapacity must still be proven by independent
    evidence. In this case, the psychological report does not explain in reasonable detail how
    Natividad’s condition could be characterized as grave, deeply-rooted, and incurable within the
    parameters of psychological incapacity jurisprudence.

    FACTS: Rodolfo de Gracia and Natividad Rosalem were married in 1969. In 1998, Rodolfo
    filed a complaint for declaration of nullity of marriage, alleging that Natividad was
    psychologically incapacitated to comply with her essential marital obligations.

    Rodolfo alleged that when he joined and trained with the army, Natividad left their conjugal
    home
    and sold their house without his consent. Then, she moved to another city where she lived with a
    certain Engineer Terez and bore him a child. After their cohabitation, Natividad contracted a
    second
    marriage with one Antonio Mondarez. Upon submitting herself for psychiatric evaluation, Dr.
    Zalsos reported that both Rodolfo and Natividad were psychologically incapacitated to comply
    with the essential marital obligations. Natividad lacked willful cooperation of being a wife and a
    mother to her children while Rodolfo failed to perform his obligations as a husband, for having
    sired a son with another woman.

    ISSUE: Whether Natividad is psychologically incapacitated to comply with her essential marital
    obligations.

    RULING: NO, there exists insufficient factual or legal basis to conclude that Natividad’s
    emotional immaturity, irresponsibility, or even sexual promiscuity, can be equated with
    psychological incapacity. The psychological report does not explain in reasonable detail how
    Natividad’s condition could be characterized as grave, deeply-rooted, and incurable within the
    parameters of psychological incapacity jurisprudence.

    Although expert opinions furnished by psychologists regarding the psychological temperament


    of
    parties are usually given considerable weight by the courts, the existence of psychological
    incapacity must still be proven by independent evidence.

    To the Court's mind, Natividad's refusal to live with Rodolfo and to assume her duties as wife
    and
    mother as well as her emotional immaturity, irresponsibility and infidelity do not rise to the level
    of
    psychological incapacity that would justify the nullification of the parties' marriage. Indeed, to be
    declared clinically or medically incurable is one thing; to refuse or be reluctant to perform one's
    duties is another.

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