Alcazar v Alcazar

G.R. No. 174451 [October 13, 2009] Nature: This is a petition for review on certiorari, which seeks to reverse the decision of the CA in affirming the decision of the RTC to dismiss petitioner Veronica Cabacungan Alcazars complaint for the annulment of her marriage to respondent Rey C. Alcazar Facts: On October 11, 2000, Rey Alcazar wed Veronica. After the wedding, they lived together for five days in Mindoro where they consummated their marriage. However, after they went back to Manila, Rey left for Riyadh to work as an upholsterer for a year and a half. And upon his return, he did not go home to Veronica nor did he contact her. Thus, Veronica filed a complaint for nullity of marriage due to Reys physical incapability to consummate his marriage under Art. 45. The RTC, as affirmed by the CA, dismissed this complaint thus, this petition. Issue: WON Reys physical incapability to consummate their marriage a ground for annulment? Held & Rationale No. Art 45 (5) of the FC refers to the lack of power to copulate. Incapability to consummate denotes the permanent inability on the part of the spouse to perform act of sexual intercourse. Veronica even admitted that they had intercourse at least once. Hence, there was no ground for annulment.