Title
Santos vs. Court of Appeals
Case
G.R. No. 112019
Decision Date
Jan 4, 1995
A Philippine Army officer sought to annul his marriage, claiming his wife’s prolonged absence and lack of communication demonstrated psychological incapacity. The Supreme Court ruled her actions did not meet the legal standard for nullity under Article 36 of the Family Code.

Case Summary (G.R. No. 112019)

Key Dates

20 September 1986
Civil marriage solemnized in Iloilo City before MTC Judge Cornelio G. Lazaro; followed by a church wedding.
18 July 1987
Birth and christening of the couple’s son.
18 May 1988
Julia departed for the United States to work as a nurse.
1 January 1989
Julia’s first telephone contact with Leouel after seven months.
10 April–25 August 1990
Leouel’s training in the United States; unsuccessful efforts to locate Julia.
31 May 1991
Julia filed her answer, denying allegations and accusing Leouel of irresponsibility.
25 October 1991
Julia manifested she would neither appear nor present evidence.
6 November 1991
RTC of Negros Oriental, Branch 30, dismissed Leouel’s complaint for lack of merit.
Court of Appeals
Affirmed the trial court decision.

Applicable Law

1987 Philippine Constitution
Article XV, Sections 1–2: Marriage and the family as inviolable social institutions.
Family Code (E.O. No. 227, 17 July 1987)
Article 36: Marriage void ab initio if, at celebration, a party was psychologically incapacitated to comply with essential marital obligations, even if manifested only after solemnization.

Facts and Contentions

• Leouel and Julia lived with her parents; conflicts arose over parental interference and domestic arrangements.
• Julia’s abrupt departure to the U.S. and minimal communication thereafter.
• Leouel’s repeated but unreciprocated efforts to reestablish contact.
• Petition for annulment filed under Article 36, alleging Julia’s prolonged absence demonstrated psychological incapacity.

Deliberations of the Family Code Revision Committee

• Article 36 drawn from Canon 1095 of the New Code of Canon Law, shifted from “vice of consent” to incapacity affecting essential obligations.
• Committee debates clarified that psychological incapacity:
– Must exist at time of marriage and be grave, antecedent, and incurable.
– Differs from insanity or mental defect vitiating consent (grounds for voidable marriage).
– Requires case-by-case judicial assessment guided by expert evidence and persuasive Canon Law jurisprudence.
• Ten-year prescriptive period imposed for actions declaring nullity under Article 36.

Analysis and Interpretation

• Psychological incapacity entails a serious personality disorder so profound that one cannot appreciate or perform fundamental marital duties (living together, affection, fidelity, support, procreation).
• It must be proven that the incapacity was present at the time of marriage and remained incurable, with its manifestation possibly delayed.
• Mere abandonment or failure to communicate does not, without more, establish the deep-rooted psychologic defect

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