Professional Documents
Culture Documents
Arguments for
Case Title Psychological SC Held SC Ruling
Incapacity
Chi Ming Tsoi vs. CA Refusal to have sexual - One of the essential marital obligations under the Family
1 (GR. 119190) intercourse. Granted Code is to procreate children through sexual cooperation.
Jan. 16, 1997 The senseless and protracted refusal of one of the parties to
fulfill the above marital obligation is equivalent to
Psychological Incapacity.
- Brenda failed to comply with the guidelines imposed in the Molina Case.
Alfonso: The filing by Leni of - The documents presented by Alfonso during the trial do not in any way
a series charges against him show that the alleged psychological incapacity of his wife. The evidence
are proof of her Psychological presented merely established the prosecution of the cases against him.
Incapacity with the essential
obligations of marriage - Alfonso lacks proof that the psychological incapacity was grave enough to
Choa vs. Choa bring about the disability of the party to assume essential obligations of
because instead of protecting
4 (GR. 143376) the name and integrity of her
Denied marriage. He forgot that fact that there are two children who were born
Nov. 26, 2002 husband Alfonso as the father
during his union with Brenda.
of her children, she acted in - Alfonsos witness, Dr. Gauzon, failed to identify and prove the root cause of
the contrary. Lenis the alleged psychological incapacity. His testimony did not show that
personality; (a.) lacks attention Brendas incapacity was medically or clinically permanent or incurable.
to their children, (b) she is
immature; and (c.) she lacks
intention of procreative
sexuality.
Her bad attitude - Psychological incapacity under Art. 36, FC must be relevant to
the assumption of marriage obligations like the exercise of a
She quarreled with him profession or employment of job.
causing him
embarrassment.
Lynette realized that her husband
Martini was a Mamas Boy
because every time she conversed
with him, he always mentioned his
mother and his family.
Infidelity
Dimayuga-Laurena vs. Neglect of Familh
Irresponsible
15 CA (GR. 159220) Sept. Insensitive
DENIED -
22, 2008 Tendency to be a Bachelor
With Psychological Report
RESOLUTION: Kalaw
22 vs. Fernandez Jan. 14, -
2015
Go-Bangayan vs.
24 Bangayan, Jr. (GR. -
201061 Jul. 3, 2013
Republic vs. De Gracia
25 (GR. 171557) Feb. 12, -
2014
Notes:
- Such incapacity may not have been known by the other party,
- Such incapacity might manifest later during the marriage, which is the reason for the marital problem.
- Such incapacity is already present at the time of marriage, even thought it may manifested only later during marriage
Psychological Incapacity
The condition of a person who does not have the mind, will, and the heart for the performance of the marriage
obligations.
A mental and physiological incapacity of the spouse to comply with the essential marital obligation of marriage.
Some manifestation:
a. Refusal of one spouse to live, dwell and cohabit with the other after marriage, without any fault at all from the
aggrieved spouse.
b. Deliberate refusal to give support to the other spouse, or their common children.
c. When the marriage is unbearable due to the compulsive gambling, alcoholism, drug addiction or violent jealousy of
the respondent spouse.
Some essential marital obligations stated in the family code (failure to comply may constitutes Psy. Incapacity):
1. To procreate children based on the universal principle that procreation of children through sexual cooperation is the
basic end of marriage;
2. To live together one roof (Art. 68) for togetherness spells the unity in marriage;
3. To observe mutual love, respect and fidelity (Art. 68) for love, sexual comfort, and loyalty to one another are basic
postulates of marriage;
4. To render mutual help and support (Art. 68) for assistance in necessities, both temporal and spiritual, is essential to
sustain the marriage;
5. To jointly support the family (Art. 70) because the spouses are joint administrator in the partnership;
6. Not to commit acts which will bring danger, dishonor or injury to each other or to the family (Art. 72) for the safety
and security of the family at all times is a primordial duty of the spouses.
Safeguards against Abuse in Utilizing Psychological Incapacity as a Ground for the Declaration of Nullity of Marriage:
- The court shall order the prosecuting attorney or fiscal to take steps to prevent collusion between the parties and to
take care the evidence is not fabricated or suppressed. (Art. 48, FC)
- The Judge must be guided by Experience, the findings of experts and researches in psychological disciplines, and by
decisions of church tribunals which, although not binding on the civil courts, may be given persuasive effect since the
provision was taken from the Canon Law.
- Psychological incapacity refers to a serious psychological illness afflicting a party even before the celebration of the
marriage. It is a malady a grave and so permanent as to deprive one of awareness of the duties and responsibilities of
the matrimonial bond one is about to assume. (Marital Obligations those provided under Art. 68-71, 220, 221, & 225
of the Family Code)
-