Case: Facts: Issue: Ruling:

Tsoi (1997) *Gina married Chi Ming May
22, 1988.
*No attempt at sexual
intercourse from day of marriage
to March 15, 1989.
*January 20, 1989 physical
examination, Gina healthy, Chi
Ming undisclosed.
*Dr. Alteza declared the he was
capable of having sexual
intercourse with a woman.
*Whether their *The marriage was declared void. The senseless
marriage is void refusal of Chi Ming to have sexual intercourse with
for Chi Mings Gina, and in the process fulfill his marital
psychological obligation, is tantamount to psychological
incapacity. incapacity.
*This Court, finding the gravity of the failed
relationship in which the parties found
themselves trapped in its mire of unfulfilled vows
and unconsummated marital obligations, can do no
less but sustain the studied judgment of respondent
appellate
court.

Molina (1997) *Roridel and Reynaldo were *WON *No, it is not. Molina Rules promulgated.
married on April 14, 1985 "opposing and
conflicting 1. Juridical antecedence
*A son, Andrea Molina, was personalities" is 2. Gravity
born equivalent to 3. Incurability
psychological
*After a year of marriage, incapacity The root cause of the psychological incapacity must
Reynaldo showed signs of be (a) medically or clinically identified, (b) alleged
immaturity and in the complaint, (c) sufficiently proven by experts
irresponsibility as a husband and (d) clearly explained in the decision.
and a father since he preferred to
spend more time with his peers
and friends on whom he
squandered his money;
*Reynaldo depended on his
parents for aid and assistance,
and was never honest with his
wife in regard to their finances,
resulting in frequent quarrels
between them;

* Sometime in Feb. 1986,

Reynaldo was relieved of his job
and since then, Roridel had been
the sole breadwinner of the
family

*The couple had very intense

quarrel, as a result of which,
their relationship was estranged

*Roridel resigned from her job

and went to live with her parents

*Reynaldo left Roridel and their

child, and had since then
abandoned
them

* Reynaldo had thus shown that

he was psychologically
incapable of
complying with the essential
marital obligations and was a
highly immature and habitually
quarrelsome individual who
thought of himself as a king to
be served

* It would be the couples best

interest to have their marriage
declared null and void in order to
free them from what appeared to
be an incompatible marriage
from the start
* In his Answer, Reynaldo
admitted that he and Roridel
could no longer live together as
husband and wife, but contended
that their misunderstandings and
frequent quarrels were due to (1)
Roridels strange behavior of
insisting on maintaining her
group of friends after their
marriage; (2) Roridels refusal to
perform some of her marital
duties such as cooking meals;
and (3) Roridels failure to run
the household and handle their
finances.

* Evidence for herein respondent

wife consisted of her own
testimony and that of her friends
Rosemarie Ventura and Maria
Leonora Padilla as well as of
Ruth G. Lalas, a social worker,
and of Dr. Teresita Hidalgo-
Sison, a psychiatrist of the
 Baguio General Hospital and
Medical Center.
Santos (1995) *Leouel married Julia on *Whether the *NO, the marriage cannot be declared void. There is
September 20, 1986 before the marriage should no psychological incapacity attendant in the case at
MTC of Iloilo City. be declared void bar. Mere abandonment cannot qualify as
on the ground of psychological
psychological incapacity on the part of Julia.
*Julia gave birth to a baby boy incapacity
on July 18, 1987.

*Frequent interference by Julias

parents into their family affairs.
Which caused arguments
between the two.

*May 18, 1988 Julia left for the

USA to work as a nurse despite
Leouels attempts to dissuade
her.

*Seven months after her

departure, or on 01 January
1989, Julia called up Leouel for
the first time by long distance
telephone. She promised to
return home upon the
expiration of her contract in July
1989. She never did.

*Leouel got a chance to visit the

United States, where he
underwent a training
program under the auspices of
the Armed Forces of the
Philippines from 01 April up to
25 August 1990, he desperately
tried to locate, or to somehow
get in touch with,
Julia but all his efforts were of
no avail.

*Having failed to get Julia to

somehow come home, Leouel
filed with the regional trial
Court of Negros Oriental,
Branch 30, a complaint for
"Voiding of marriage Under
Article 36 of the Family Code"
(docketed, Civil Case No. 9814).
Summons was
served by publication in a
newspaper of general circulation
in Negros Oriental.