Title
Austria-Carreon vs. Carreon
Case
G.R. No. 222908
Decision Date
Dec 6, 2021
Marriage nullity petition denied; petitioner failed to prove psychological incapacity under Article 36, citing respondent's immaturity and infidelity as insufficient grounds. Procedural lapses also barred reconsideration.
nullity of marriage
psychological incapacity
insufficient evidence
A

Case Digest (G.R. No. 222908)

Facts:

  • Background of the Parties and the Marriage
    • In 1992, petitioner Patricia Q. Austria-Carreon and respondent Luis Emmanuel G. Carreon were introduced by a common friend while both were employed in the airline industry.
    • Their relationship developed despite external constraints, such as respondent’s mother limiting his outings and showing a clear dislike for petitioner.
    • Shortly after entering into a romantic relationship, petitioner became pregnant, leading to contrasting positions:
      • Petitioner chose not to insist on marriage immediately, fearing respondent might not be ready.
      • Respondent was eager to escape his parents’ strict authority and pushed for the marriage.
    • On October 22, 1994, the couple got married at St. Therese of the Child Jesus Church in Villamor Air Base, Pasay City.
    • The financial burden of the marriage and household expenses was shouldered solely by the petitioner as respondent’s family did not contribute.
    • On March 26, 1995, the couple welcomed a son, Jeremy Austria Carreon.
  • Marital Life and Emerging Conflicts
    • Throughout their cohabitation, respondent failed to routinely provide financial support, leaving petitioner to shoulder the household expenses and his personal needs.
    • Behavioral issues surfaced as respondent:
      • Became frequently withdrawn and preferred solitude (watching television) over engaging with petitioner.
      • Repeatedly engaged in extramarital affairs, which eroded the marital relationship.
    • The petitioner’s awareness of respondent’s infidelities and lack of intimacy led to a separation in 2000, when petitioner moved with their child to a rented townhouse in Carmona, Cavite.
    • A brief reconciliation in 2001 did not resolve the underlying lack of emotional intimacy and persistent memories of respondent’s infidelity.
    • In 2007, after discovering concrete evidence (an SMS and pictures) of respondent’s continued extramarital relations, petitioner confronted him, resulting in respondent permanently leaving the conjugal dwelling.
  • Psychological Evaluation and Allegation of Incapacity
    • In her Petition for Declaration of Absolute Nullity of Marriage filed on February 29, 2008, petitioner anchored her case on Article 36 of the Family Code by alleging that both parties were psychologically incapacitated to comply with their essential marital obligations.
    • The petition drew extensively on the Psychological Evaluation Report by Dr. Julian R. Montano:
      • Petitioner was diagnosed with "Personality Disorder Not Otherwise Specified" exhibiting traits consistent with Dependent and Depressive Personality Disorders.
      • Respondent was diagnosed with Narcissistic Personality Disorder, characterized by grandiosity, lack of empathy, and exploitative behavior.
    • Dr. Montano opined that due to their respective personality disorders, both parties were gravely and incurably incapacitated from fulfilling basic marital responsibilities, thereby recommending nullification of the marriage.
  • Trial Court Proceedings and Decision
    • The Regional Trial Court (RTC) in Branch 89, Bacoor, Cavite, in its Decision dated November 8, 2010:
      • Declared the marriage null and void on the ground of psychological incapacity.
      • Ordered the liquidation and distribution of any community property.
      • Awarded care and custody of the minor child to the petitioner.
      • Authorized the petitioner to revert to her maiden name and directed the Office of the Civil Registrar of Pasay City to make the necessary corrections in the marriage contract.
    • The RTC’s decision was largely supported by the findings of the psychological evaluation and the evidence regarding the parties’ upbringing and subsequent behaviors.
  • Court of Appeals Proceedings and Subsequent Developments
    • The Office of the Solicitor General (OSG) filed a motion for reconsideration after the RTC’s decision, which was denied.
    • The Court of Appeals (CA) reversed the RTC’s Decision in its ruling dated August 27, 2014:
      • Finding no sufficient evidence that either party’s psychological incapacity was of a serious, incurable, and medical nature as required by precedent.
      • Emphasizing that respondent’s behavioral issues (lack of communication, alleged infidelity, etc.) did not amount to a psychologically incapacitated state warranting nullity.
    • Procedural irregularities arose when petitioner later claimed non-receipt of the CA Decision:
      • Petitioner alleged she had moved without updating her address and that her former counsel had withdrawn from the case.
      • Despite these claims, records showed that the CA Decision had been sent to the petitioner’s last known address (and returned), and subsequent filings by her new counsel were deemed belated.
    • In its Resolution dated February 9, 2016, the CA denied petitioner’s Formal Entry of Appearance with Motion for Reconsideration, treating it as a second (and thus impermissible) motion for reconsideration, based on the rules on re-filing by the same party.

Issues:

  • Procedural Issue on the Motion for Reconsideration
    • Whether the Court of Appeals erred in treating petitioner’s Formal Entry of Appearance with Motion for Reconsideration as a second motion for reconsideration.
    • Whether the CA’s denial of the petitioner's motion for reconsideration on the grounds of its being belatedly filed was correct.
  • Merits of the Nullity Petition
    • Whether the CA committed reversible error in dismissing the petitioner’s Petition for Declaration of Nullity of Marriage by finding insufficient evidence of psychological incapacity meeting the thresholds set under Article 36 of the Family Code.
    • Whether the evidence presented, particularly the psychological evaluations and the petitioner’s testimony regarding respondent’s behavior, sufficed to prove a grave, incurable, and enduring inability to perform essential marital obligations.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
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