SPEECH: MARIAM BAUTISTA

Issue: W/N respondent is psychologically incapacitated to perform marital obligations - NO, HE IS

CAPACITATED
Establish Psychological Capacity of Respondent

Present: Birthday card given by petitioner to respondent

JA of jigs espiritu
Pyschiatrist

Cross-examiner
Bday card

One of the reasons provided under the family in order to declare the marriage null
and void is psychological incapacity. This is the same ground which the petitioner is
trying to establish to declare her marriage between the respondent as null and void.
Such incapacity must be essential in a way that the party proven to be
psychologically incapacitated cannot perform his or her marital obligations to the
family and in order for it to be a valid ground it must be established that such
incapacity becomes manifest only after its solemnization.

The petitioner made mentioned that the first time she and the respondent had sex,
they watched porn and it was followed by different types of porn movies every time
they will make love. During that time the petitioner was already of legal age and
she could refuse the respondent or break up with him but she failed to do so.
Petitioner also mentioned that the respondent was so into porn that he even
purchased a package consisting of Viagra, costumes, sex toys, sex videos, etc.
Respondent denied the ownership of the contents of the package and it was made
stronger by herein judicial affidavit of Mr. Jigs Espiritu, a friend of the respondent
who claims the ownership of the items in the package. Mr. Espiritu mentioned in his
judicial affidavit that by the nature of his work in the field, he cannot receive any
packages in his home as he is always assigned to different places. It was only
through his good friend, the respondent Clark Medina, who was good enough to
receive the package on his behalf. That is the reason why the LBC package was
addressed to the respondent and that is also the main reason why it was delivered
in their conjugal home.

Let us leave the issue about the contents of the packages. Let us proceed with what
the petitioner mentioned about the respondent's conduct when making love with
her. Petitioner mentioned that respondent would insert foreign objects in her vagina
whenever they have sex. But as what I have said earlier, when they were still a
couple she could have turn down the respondent or break up with him but what she
did was the opposite. I am now showing to you this birthday card. As you can see,
this birthday card was given by petitioner to the respondent. Petitioner mentioned
in this card "Happy birthday, Master! Do whatever you want to me. I'm a slave for
you." Based on the note which the petitioner mentioned in her card for the
respondent, she is the one initiating the respondent to do something to her. It only
means that the petitioner is enjoying what she and the respondent is doing to even
put it as a reminder in this card. If you will look at closely at this card, you will see
that this is an old card so this card must have been made years ago. So the act to
which they are both doing are considered with consent from the beginning.

Lastly, to make our evidence much stronger, here is the medical findings of Dr.
Pacita Salceda, a clinical psychologist of Makati Med. According to the medical
findings, respondent is suffering from Narcissistic personality disorder which could
still be treated. Treatment is centered around talk therapy, also called
psychotherapy. Respondent having experienced traumas from his childhood and
Narcissistic personality disorder, once treated and cured immediately, could help
the respondent remains psychologically capacitated and cognizant of his duties and
responsibilities as a matured married person despite experiencing Partner Relational
problem. Since what the petitioner was raising is a disorder which could still be
treated, therefore it is not a valid or legal ground to nullify the marriage between
petitioner and respondent.