Title
Cortez vs. Cortez
Case
G.R. No. 224638
Decision Date
Apr 10, 2019
Petitioner sought annulment, claiming forced marriage and psychological incapacity. SC upheld marriage, ruling insufficient evidence of incapacity under Article 36, Family Code.
A

Case Summary (G.R. No. 224638)

Factual Background

Petitioner Rolando D. Cortez filed a petition for the annulment of his marriage to respondent Luz G. Cortez, asserting psychological incapacity as the basis for his claim. The couple was married on March 5, 1990, following a series of events which included Petitioner being coerced into marriage due to a hold-departure order related to respondent's pregnancy. Petitioner claimed that their marriage lacked mutual affection and sexual intimacy, asserting that it was based on necessity rather than love.

Claims and Counterclaims

Petitioner alleged psychological incapacity due to a lack of emotional connection and claimed both he and respondent were unprepared for the responsibilities of marriage. Respondent countered that their relationship was initially loving and argued that Petitioner’s actions, including financial support of their children and communication during his overseas job, evidenced his capacity to fulfill his marital obligations.

Regional Trial Court Decision

The Regional Trial Court (RTC) denied the annulment petition on July 9, 2012, affirming the validity of the marriage. The RTC noted inconsistencies in Petitioner’s claims, such as evidence of care and relationship history prior to marriage, including affectionate letters and attendance at significant family events. The court concluded that both parties understood their marital obligations and neither exhibited the psychological incapacity required to annul the marriage under Article 36 of the Family Code.

Court of Appeals Ruling

The Court of Appeals (CA) upheld the RTC's decision on November 5, 2015, confirming that the evidence did not support the claim of psychological incapacity. The CA reiterated that psychological incapacity must be grave, longstanding, and incurable, and that mental illness, rather than mere reluctance or neglect, must be proven to annul a marriage.

Legal Framework and Analysis

Article 36 of the Family Code specifies that a marriage is void if one party was psychologically incapacitated at the time of marriage. The essential criteria require the incapacity to stem from a psychological abnormality, which is serious, entrenched, and not merely depicted by acts of refusal or neglectful behavior. Th

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