Title
Carolyn T. Mutya-Sumilhig vs. Joselito T. Sumilhig and Republic
Case
G.R. No. 230711
Decision Date
Aug 22, 2022
Carolyn sought nullity of marriage due to Joselito's psychological incapacity, citing abuse and vices. Courts initially denied, but SC ruled marriage void ab initio under Article 36.

Case Summary (G.R. No. 230711)

Factual Background and Marital History

Carolyn and Joselito met in 1984 while working at Daungan Restaurant. Their courtship was marked by Joselito’s habitual gambling and drinking. Despite these vices, Carolyn married Joselito in October 1987 after she became pregnant. Their first child, Jay, was born in 1988 and their second, Jennalyn, in 1989. During their marriage, Joselito exhibited persistent alcohol and gambling addictions, physical and verbal abuse toward Carolyn and their children, and irresponsibility in providing familial support. Joselito’s behavior culminated in Carolyn leaving their residence in 1990 due to intolerable circumstances. They never reconciled, and Joselito subsequently lived with another partner, fathering more children.


Procedural History

Carolyn filed a Petition for Declaration of Nullity of Marriage on grounds of psychological incapacity under Article 36 of the Family Code on October 18, 2010. Evidence included judicial affidavits and expert psychiatric and psychological evaluations submitted on Joselito’s psychological condition. Joselito did not file an answer or appear personally for evaluation. The Regional Trial Court (RTC) denied the petition for lack of sufficient proof of psychological incapacity. The Court of Appeals (CA) affirmed the RTC decision. Carolyn sought review before the Supreme Court, raising whether the CA erred in finding Joselito not psychologically incapacitated.


Legal Framework on Psychological Incapacity under Article 36 of the Family Code

Article 36 declares a marriage void when a party was psychologically incapacitated at the time of the marriage to comply with essential marital obligations, even if such incapacity manifests post solemnization. Psychological incapacity requires: (1) juridical antecedence—existing at the time of marriage, (2) incurability—in a legal sense meaning enduring and irreversible with respect to the partner, and (3) gravity—a serious psychic cause that causes failure to perform essential marital duties beyond mere refusal or neglect.


Juridical Antecedence Requirement and Evidentiary Considerations

The Court reaffirmed that psychological incapacity must have existed at marriage inception. Evidence of antecedence includes consistent behavioral patterns prior to and at the time of marriage, as attested by credible witnesses familiar with the incapacitated spouse’s life. Expert psychiatric and psychological evaluations are critical but not required to personally interview the respondent if the respondent refuses. The expert may rely on affidavits, corroborating witness statements, and documented history. The absence of respondent's personal examination is not fatal where refusal is evident and sufficient other evidence exists.


Clinical Findings and Expert Testimony

Dr. Felicitas I. Ariaga-Soriano diagnosed Joselito with Antisocial-Dependent Personality Disorder comorbid with alcohol dependence and pathological gambling, establishing a persistent personality structure manifesting through irresponsibility, immaturity, emotional and physical abuse, and disregard for marital obligations. Dr. Soriano characterized Joselito's superego as defective, necessitating domination and abuse to validate self-esteem. Dr. Ma. Brenda Grace Gabiazon-Benitez corroborated Joselito's chronic vices and the impossibility of reconciliation. The experts explained that such disorders are developmental, incurable, and the petitioner’s testimony and Joselito’s father’s credible witness statements corroborate the antecedence and gravity of his incapacity.


RTC and CA Decisions Compared to Supreme Court Findings

The RTC and CA found Joselito's conduct as mere manifestations of irresponsibility, emotional immaturity, or laziness insufficient to establish psychological incapacity. They discounted expert evaluations as lacking probative value due to absence of personal interview and found evidence insufficient to prove juridical antecedence, gravity, or incurability. The Supreme Court departed from these conclusions, holding that expert opinions based on petitioner’s and credible witnesses’ testimonies sufficiently established Joselito’s psychological incapacity. The Court emphasized that manifest refusal or difficulty to perform marital duties rooted in a personality disorder satisfies the gravity and incurability requirements.


Legal Standards on Expert Testimony and Totality of Evidence Rule

The Court explained that the totality of evidence includes testimony of the petitioner, corroborating witnesses, and expert evaluations. Even without personal examination of respondent, expert opinions are valuable and reliable when based on comprehensive interviews with knowledgeable sources. Prior cases such as Marcos v. Marcos, Tani-De La Fuente v. De La Fuente, and Santos-Gantan v. Gantan affirm that absence of respondent's direct evaluation does not invalidate findings of psychological incapacity. The spouse is generally t



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