Petitioner Maria Teresa and
respondent Rodolfo got married and got two children: Katharyn and Kimberly.
Prior to their marriage, petitioner already noticed that respondent was an
introvert and was prone to jealousy. She also observed that Rodolfo appeared to
have no ambition in life and felt insecure of his siblings, who excelled in
their studies and careers. Rodolfo's attitude worsened as they went on with
their marital life and even treated Maria Teresa like a sex slave. Petitioner
suggested that she and Rodolfo undergo marriage counselling, but Rodolfo
refused and deemed it as mere "kalokohan".
Sometime in 1986, the couple
quarreled because Rodolfo suspected that Maria Teresa was having an affair. In
the heat of their quarrel, Rodolfo poked a gun at Maria Teresa's head. Maria
Teresa, with their two (2) daughters in tow, left Rodolfo and their conjugal
home after the gunpoking incident. Maria Teresa never saw Rodolfo again after
that, and she supported their children by herself. Maria Teresa then filed a
petition for declaration of nullity of marriage before the RTC.
Dr. Lopez, a clinical psychologist,
was presented as an expert witness and diagnosed Rodolfo with "paranoid
personality disorder”. He claimed that Rodolfo’s condition was serious and
incurable because of his severe paranoia. He then recommended that Maria Teresa
and Rodolfo's marriage be annulled due to Rodolfo's incapacity to perform his
marital obligations.
Q: If you were the judge, will you
grant the Petition for Declaration of Nullity of Marriage for reason of
Rodolfo’s psychological incapacity?
A: Yes, if I were the judge, I will
grant the Petition for Declaration of Nullity of Marriage.
The law provides standards for
determining psychological incapacity under Article 36 of the Family Code wherein
"psychological incapacity must be characterized by (a) gravity, (b)
juridical antecedence, and (c) incurability." Furthermore, the incapacity
"should refer to no less than a mental (not physical) incapacity that
causes a party to be truly incognitive of the basic marital covenants that
concomitantly must be assumed and discharged by the parties to the marriage.”
In this case, an expert opinion on
the psychological and mental disposition of the parties must be given with
credence. Dr. Lopez, in his explanations,
had elaborated the presence of elements to prove the psychological incapacity
of Rodolfo as to the gravity, juridical antecedence and incurability of his
paranoid personality disorder. Dr. Lopez explained that respondent's
psychological incapacity to perform his marital obligations was likely caused
by growing up with a pathogenic parental model.
Respondent's repeated behavior of psychological abuses to his wife are proof of his depravity, and utter lack of comprehension of what marriage and partnership entail. Since the State's interest must be toward the stability of society, the notion of psychological incapacity should not only be based on a medical or psychological disorder, but should consist of the inability to comply with essential marital obligations such that public interest is imperiled. Therefore, marriage between Maria Theresa and Rodolfo must be declared null and void for reason of psychological incapacity of Rodolfo.
