Case Digest (G.R. No. 141917)
Facts:
- Bernardino S. Zamora (petitioner) and Norma Mercado Zamora (respondent) were married on June 4, 1970, in Cebu City, Philippines.
- The couple lived together at No. 50-A Gorordo Avenue, Cebu City, and had no children.
- Norma left for the United States in 1972 to work as a nurse, returning briefly before leaving again in 1974.
- She made periodic visits to Cebu City until 1989, by which time she had become a U.S. citizen.
- Bernardino filed for the declaration of nullity of their marriage, claiming Norma was psychologically incapacitated under Article 36 of the Family Code.
- He argued that her fear of having children and her abandonment by living in the U.S. constituted psychological incapacity.
- Norma denied these claims, asserting her love for children and accusing Bernardino of infidelity, claiming he had two affairs and fathered at least three children with other women.
- The Regional Trial Court dismissed Bernardino's complaint on June 22, 1995, finding no evidence of psychological incapacity and noting Bernardino's infidelity contributed to their marital issues.
- Bernardino appealed to the Court of Appeals, which affirmed the trial court's decision on August 5, 1999, ruling that Bernardino failed to prove psychological incapacity.
- His motion for reconsideration was denied on January 24, 2000, leading to his petition for certiorari.
Issue:
- (Unlock)
Ruling:
- The Supreme Court denied the petition and affirmed the decisions of the Court of Appeals dated August 5, 1999, and January 24, 2000.
- The Court ruled that Bernardino failed...(Unlock)
Ratio:
- The Supreme Court emphasized that the burden of proof lies with the petitioner to demonstrate the nullity of the marriage.
- Psychological incapacity must be medically or clinically identified and proven by expert testimony.
- Mere al...continue reading
Case Digest (G.R. No. 141917)
Facts:
The case involves Bernardino S. Zamora as the petitioner and Norma Mercado Zamora as the respondent. They were married on June 4, 1970, in Cebu City, Philippines, and initially lived together at No. 50-A Gorordo Avenue, Cebu City. The couple did not have any children. In 1972, Norma left for the United States to work as a nurse, returning briefly to the Philippines before leaving again in 1974. She made periodic visits to Cebu City until 1989, by which time she had become a U.S. citizen. Bernardino filed a complaint for the declaration of nullity of their marriage, claiming that Norma was psychologically incapacitated, as defined under Article 36 of the Family Code. He argued that her fear of having children and her abandonment of him by living in the U.S. constituted psychological incapacity. In contrast, Norma denied these allegations, asserting that she loved children and had borrowed her husband’s niece and nephews to care for them. She accused Bernardino of infidelity, claiming he had two affairs and fathered at least three children with other women.
On June 22, 1995, the Regional Trial Court dismissed Bernardino's complaint, stating that he had consented to Norma's trip to the U.S. and that her desire to earn money was to help build a house for them. The court found no evidence of psychological incapacity on Norma's part and noted that Bernardino's infidelity contributed to their marital issues. Bernardino appealed to the Court of Appeals, which affirmed the trial court's decision on August 5, 1999. The CA ruled t...