Case Digest (G.R. No. L-2825)
Facts:
In Brenda B. Marcos v. Wilson G. Marcos (G.R. No. 136490, October 19, 2000), the parties, Brenda B. Marcos (petitioner) and Wilson G. Marcos (respondent), contracted marriage on September 6, 1982 at the Municipal Court of Pasig and again on May 8, 1983 at the Presidential Security Command Chapel in Malacañang Park, Manila. They had five children. Both were military personnel: petitioner served in the Women’s Auxiliary Corps of the Philippine Air Force and respondent in the Armed Forces of the Philippines, later assigned to the Presidential Security Command. After the fall of the Marcos regime, they left service. Respondent failed to secure stable employment, became intermittently drunk, physically abused petitioner and their children, forced sexual relations, and abandoned the family by 1992. On October 16, 1994, respondent violently assaulted petitioner and her mother, causing contusions documented at Mandaluyong Medical Center. Petitioner and the children then sought refuge wiCase Digest (G.R. No. L-2825)
Facts:
- Marriage and Family
- The parties contracted marriage twice: on September 6, 1982 (Judge Eriberto H. Espiritu, Municipal Court of Pasig) and on May 8, 1983 (Rev. Eduardo L. Eleazar, PSC Chapel, Malacañang Park).
- Five (5) children were born of the marriage.
- Military Service and Residence
- Respondent Wilson G. Marcos joined the AFP in 1973, later served in the Presidential Security Command. Petitioner Brenda B. Marcos joined the Women’s Auxiliary Corps (PAF) in 1978.
- After EDSA, both were discharged; they resided at No. 1702 Daisy Street, Hulo Bliss, Mandaluyong (a unit petitioner had acquired while single).
- Domestic Relations and Separation
- Following respondent’s joblessness (post-1987), quarrels ensued. He allegedly physically abused petitioner and the children and forced sexual relations.
- By 1992, they were living separately; petitioner supported the family through trading and construction business ventures.
- Post-Separation Incidents
- On October 16, 1994, respondent physically attacked petitioner and her mother after a quarrel. The next day, petitioner and the children fled to her sister’s home. Medical exam (October 19, 1994) diagnosed contusions.
- In August 1995, respondent allegedly menaced petitioner, her sisters, and driver with a samurai sword when they sought their missing child.
- Proceedings Below
- RTC (Pasig City) granted nullity under Art. 36, Family Code, for psychological incapacity; dissolved conjugal partnership; awarded custody to petitioner.
- CA (July 24, 1998) reversed, declaring the marriage valid; held psychological incapacity unproven without respondent’s own psychological/psychiatric evaluation.
Issues:
- Whether the CA erred in setting aside the RTC finding of psychological incapacity solely because respondent did not submit to personal psychological examination.
- Whether the totality of evidence presented (testimonies of petitioner, children, sister, social worker; results of tests based on third-party interviews) could suffice to establish respondent’s psychological incapacity.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)