Case Summary (G.R. No. 126010)
Procedural History
Petitioner filed a petition for annulment of marriage on July 10, 1992, alleging psychological incapacity of private respondent. The Regional Trial Court (Branch 18, Tagaytay City) dismissed the petition on April 10, 1993. The Court of Appeals affirmed that dismissal on January 30, 1996. The Supreme Court reviewed and affirmed the appellate decision.
Factual Findings Presented by Petitioner
Petitioner alleged that private respondent repeatedly failed to support the family, engaged in heavy drinking, gambling on fighting cocks, smoking, and persistent womanizing. Petitioner claimed respondent cohabited with another woman and fathered an illegitimate child (Margie P. Oliva, b. Sept. 15, 1989). Petitioner further alleged respondent infected her with gonorrhea, resulting in treatment from October 22, 1986 to March 13, 1987, and that respondent physically abused her (hospitalization for cerebral concussion July 4–5, 1990). Petitioner also claimed respondent abandoned the family (left conjugal home June 12, 1992) and later departed for the Middle East (October 1992).
Evidence Concerning Economic and Property Matters
Petitioner established that she was the primary breadwinner during most of the marriage, providing for respondent during his college years and supporting the family through teaching and small businesses. Petitioner purchased a parcel of land in Don Gregorio Heights Subdivision I, Bucal, Dasmariñas, Cavite: initial partial payment made July 17, 1979, full payment made by May 26, 1987, deed of absolute sale executed, and TCT No. T‑221529 issued in her favor. Petitioner also alleged respondent took an owner-type jeepney when he left the conjugal home and that she had permitted him to sell it and divide proceeds.
Trial Court’s Rationale
The trial court dismissed the annulment petition, reasoning that the circumstances relied upon by petitioner (habitual drinking, gambling, sexual infidelity, abandonment, and physical violence) are enumerated grounds for legal separation under Article 55 of the Family Code, not per se grounds for declaration of nullity under Article 36. The trial court further held that the gonorrhea alleged to have been transmitted to petitioner occurred in 1986 — five years after the 1981 marriage — and, when analyzed with Articles 45 and 46, fraud or similar grounds must exist at the time of marriage celebration to support annulment on those bases.
Court of Appeals’ Decision and Reasoning
The Court of Appeals affirmed the trial court. It relied on Santos v. Court of Appeals and concluded that psychological incapacity, as a ground for nullity, must have existed at the time of the marriage. The appellate court found that allegations of chronic sexual infidelity, abandonment, gambling, and alcoholism are not per se evidence of psychological incapacity. The CA accepted that at the time of marriage respondent’s character was borderline between responsible and happy‑go‑lucky, and that petitioner herself had described respondent as a normal student and attributed some youthful attitudes to his age and looks. The CA found petitioner failed to prove psychological incapacity at inception of marriage.
Supreme Court’s Legal Standard on Psychological Incapacity
The Supreme Court reiterated the established legal standard: "psychological incapacity" denotes a serious mental or personality disorder rendering a party unable to understand and assume essential marital obligations (mutual obligations to live together, love, respect, fidelity, help and support). The Court emphasized that: (a) the incapacity must be psychological (not merely physical), (b) it must exist at the time of the marriage (even if it becomes manifest later), (c) the root cause should be medically or clinically identified and alleged in the complaint, and (d) expert evidence (psychiatrists or clinical psychologists) should ordinarily be presented to establish the precise cause and incapacitating nature.
Application of Law to the Facts
Applying the foregoing standards, the Supreme Court found petitioner failed to establish that respondent suffered from a psychological defect at the time of marriage that deprived him of the ability to assume essential marital duties. The Court observed that the acts pleaded (habitual alcoholism, sexual infidelity, gambling, abandonment, violence) occurred after marriage and, standing alone, do not automatically establish psychological incapacity within the meaning of Article 36. The Court noted the absence of expert psychiatric or psychological testimony identifying a clinical root cause and explaining how any disorder rendered respondent incapable at the inception of the marriage.
Burden of Proof and Presumption Favoring Validity of Marriage
The Court reiterated that
...continue readingCase Syllabus (G.R. No. 126010)
Case Caption, Court, and Decision Date
- Supreme Court, Second Division; G.R. No. 126010.
- Decision promulgated December 8, 1999.
- Petition for review on certiorari from Court of Appeals decision dated January 30, 1996, which affirmed the Regional Trial Court, Branch 18, Tagaytay City decision dated April 10, 1993, dismissing petitioner’s annulment petition.
- Opinion authored by Justice Mendoza; concurrence noted by Justices Bellosillo (Chairman), Quisumbing, Buena, and De Leon, Jr.
Parties and Marriage Data
- Petitioner: Lucita Estrella Hernandez.
- Private respondent: Mario C. Hernandez.
- Marriage celebrated at Silang Catholic Parish Church, Silang, Cavite on January 1, 1981 (Exh. A).
- Three children born of the marriage:
- Maie, born May 3, 1982 (Exh. B).
- Lyra, born May 22, 1985 (Exh. C).
- Marian, born June 15, 1989 (Exh. D).
Nature of Proceeding and Reliefs Sought
- Petitioner filed on July 10, 1992, a petition for annulment of marriage on the ground of psychological incapacity of private respondent.
- Prayer items included:
- Annulment of marriage on ground of respondent’s psychological incapacity.
- Monthly support for three children in the total amount of P9,000.00.
- Award of custody of the children to petitioner.
- Declaration that petitioner be adjudged sole owner of a parcel of land in Don Gregorio Subdivision I, Bo. Bucal, Dasmariñas, Cavite (acquired during marriage).
- Recovery/award of the jeep which private respondent reportedly took when he left the conjugal home on June 12, 1992.
Procedural Events Prior to Trial
- Private respondent failed to file an answer; on October 8, 1992, the trial court ordered the assistant provincial prosecutor to investigate possible collusion between the parties.
- Investigation conducted November 5, 1992; only petitioner appeared. Prosecutor found no evidence of collusion and recommended setting the case for trial.
- Transcript references: TSN Nov. 13, 1992; Dec. 8, 1992; RTC Records pages as cited in the record.
Summary of Evidence and Factual Allegations Presented by Petitioner
- Origin of relationship and early history:
- Parties met in 1977 at Philippine Christian University, Dasmariñas, Cavite. Petitioner was older by five years and was a teacher of zoology and botany; private respondent was her student for two semesters.
- They became sweethearts in February 1979 after petitioner was no longer his teacher; married January 1, 1981.
- Financial and household contributions:
- Private respondent continued studies post-marriage; his parents paid tuition; petitioner provided allowances and financial needs.
- Family income primarily from petitioner’s salary as faculty member; petitioner augmented income selling Tupperware products and trading coffee, rice, and polvoron.
- By 1983–1986 private respondent could not find stable employment and helped in petitioner’s businesses delivering orders; petitioner claimed respondent’s spendthrift habits and adultery harmed her business.
- Vices, conduct, and extramarital relationships:
- Allegations of habitual smoking, drinking sprees, gambling on fighting cocks, and spending much time with friends.
- Discovery in 1982 of love letters from Realita Villena, a married student; private respondent admitted affair; petitioner confronted Villena and pleaded that the relationship end.
- Private respondent allegedly left the conjugal home and later returned; petitioner intermittently accepted him to salvage the marriage.
- Employment at Reynolds Philippines, Inc. from 1986 until March 31, 1991; private respondent availed of early retirement and received P53,000.00 in retirement pay, which petitioner alleges he spent on himself within four months.
- During employment, alleged worsening of drinking, smoking, gambling, and womanizing.
- Alleged relationships with several women: Edna (Yazaki), Angie (billiard hall operator), Tess (a “Japayuki”), Myrna Macatangay (secretary, with whom he allegedly cohabited for a time), and Ruth Oliva (by whom he allegedly fathered an illegitimate daughter, Margie P. Oliva, born September 15, 1989; Exh. E).
- Physical violence and injury:
- Petitioner alleged private respondent beat her during a confrontation; she was hospitalized at De la Salle University Medical Center, Dasmariñas, Cavite on July 4–5, 1990 for cerebral concussion (Exh. F).
- Petitioner alleged on one occasion private respondent struck their eldest child when the child was about one year old.
- Allegation that private respondent was not affectionate and hardly spent time with their children.
- Alleged sexually transmitted disease:
- Petitioner alleged private respondent engaged in extreme promiscuity during late 1986, contracted gonorrhea, and transmitted it to petitioner; both allegedly treated at Zapote Medical Specialists Center from October 22, 1986 until March 13, 1987 (Exhs. G & H).
- Abandonment and later departure:
- Petitioner sent handwritten letter dated August 1, 1992 (Exh. 16) expressing frustration and allowing private respondent to sell the owner-type jeepney and divide proceeds; she also stated intention to file annulment. No reply from private respondent appears in record.
- Petitioner learned in October 1992 that private respondent left for the Middle East; whereabouts thereafter unknown.
Documentary and Witness Evidence Relied Upon
- Exhibits:
- Marriage certificate (Exh. A); birth certificates of three children (Exhs. B, C, D); birth certificate of alleged illegitimate child Margie P. Oliva (Ex