AlcazarvAlcazar,G.R.No.

174451,
October13,2009
603 SCRA 604 Civil Law Persons and Family Relations
Family Code Article 36; Psychological Incapacity
Sexual Infidelity Per Se is not Psychological Incapacity
Article 45 Failure to Consummate the Marriage
In August 2000, Rey Alcazar and Veronica Cabacungan
married each other. They lived together for three weeks
thereafter, Rey went to Saudi Arabia to work. In Saudi,
Rey never communicated with Veronica despite
Veronicas efforts to reach him. In March 2002, Rey
returned to the Philippines but instead of going home to
Veronica, he went straight to his parents. He did not
even tell Veronica that he was coming home. Veronica
had to learn of his husbands return from someone else.
Veronica went to Reys parents but Rey cannot be found
there (hiding).
In August 2002, Veronica filed an annulment case
against Rey. Initially, the ground for annulment was
based on paragraph 5, Article 45 of the Family Code or
Reys failure to consummate the marriage. But later, the
ground was changed to psychological incapacity (Article
36).
During trial, Veronica presented Dr. Nedy Tayag as
expert witness who testified that Rey is suffering from
Narcissistic Personality Disorder (NPD). Rey was found by

Tayag to be having a grandiose sense of self. He thinks

he is too important, too unique, and too special.
Also alleged in the complaint for annulment was Reys
alleged sexual infidelity because when he came home
from abroad, it was said that he lived with a certain
Sally in his parents hometown.
ISSUE: Whether or not the marriage between Veronica
and Rey should be annulled.
HELD: No. First, the Supreme Court noted that it is
correct that Veronica abandoned her cause under
paragraph 5, Article 45. The said provision states:
ART. 45. A marriage may be annulled for any of the
following causes, existing at the time of the marriage:
xxxx
(5) That either party was physically incapable of
consummating the marriage with the other, and such
incapacity continues and appears to be incurable; x x x.
Article 45(5) of the Family Code refers to lack of power to
copulate. Incapacity to consummate denotes the
permanent inability on the part of the spouses to
perform the complete act of sexual intercourse. Nonconsummation of a marriage may be on the part of the
husband or of the wife and may be caused by a physical
or structural defect in the anatomy of one of the parties
or it may be due to chronic illness and inhibitions or
fears arising in whole or in part from psychophysical

conditions. It may be caused by psychogenic causes,

where such mental block or disturbance has the result of
making the spouse physically incapable of performing
the marriage act. No evidence was presented in the case
at bar to establish that Rey was in any way physically
incapable to consummate his marriage with Veronica. In
fact, Veronica admitted that she and Rey had sex before
and after the wedding. Thus, incapacity to consummate
does not exist int his case.
Second, psychological incapacity was not proven.
Tayags testimony on Reys NPD was not sufficient to
establish psychological incapacity. The case between
Veronica and Rey is merely a simple case of a married
couple being apart too long, becoming strangers to each
other, with the husband falling out of love and distancing
or detaching himself as much as possible from his
wife. To be tired and give up on ones situation and on
ones spouse are not necessarily signs of psychological
illness; neither can falling out of love be so labeled.
Lastly, the allegation of sexual infidelity on the part of
Rey is a poor attempt to bolster the claim against Rey.
Sexual infidelity per se is not psychological incapacity.
Veronica failed to establish that Reys unfaithfulness is a
manifestation of a disordered personality, which makes
him completely unable to discharge the essential
obligations of the marital state.