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Santos V CA Case Digest

The petitioner filed for annulment of his marriage arguing the respondent was psychologically incapacitated as demonstrated by her failure to return home or communicate for over 5 years. The Court denied the petition finding that psychological incapacity must be (1) grave, (2) predate the marriage, and (3) incurable. It must render one incapable of marital obligations. Though the respondent left and did not return, these facts alone do not meet the standard of establishing psychological incapacity to warrant annulling the marriage.

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Camille Hofilena
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28 views2 pages

Santos V CA Case Digest

The petitioner filed for annulment of his marriage arguing the respondent was psychologically incapacitated as demonstrated by her failure to return home or communicate for over 5 years. The Court denied the petition finding that psychological incapacity must be (1) grave, (2) predate the marriage, and (3) incurable. It must render one incapable of marital obligations. Though the respondent left and did not return, these facts alone do not meet the standard of establishing psychological incapacity to warrant annulling the marriage.

Uploaded by

Camille Hofilena
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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LEOUEL SANTOS, petitioner -versus- THE “Voiding of Marriage Under Article 36 of the

HONORABLE COURT OF APPEALS AND Family Code”. He argued that the failure of
JULIA Julia to return
ROSARIO BEDIA-SANTOS, respondents. home, or at the very least to communicate
GR No. 112019, EN BANC, 04 January 1995, with him for more than five years, are
VITUG, J. circumstances which
clearly show her being psychologically
Psychological incapacity must be incapacitated to enter married life.
characterized by (a) gravity, (b) juridical
antecedence, and (c) ISSUE:
incurability. The incapacity must be grave or Whether or not the marriage should be
serious such that the party would be incapable declared void ab initio on the ground of
of carrying psychological
out the ordinary duties required in marriage; it incapacity. (NO)
must be rooted in the history of the party
antedating RULING:
the marriage, although the overt Psychological incapacity must be
manifestations may emerge only after the characterized by (a) gravity, (b) juridical
marriage; and it must be antecedence, and (c)
incurable or, even if it were otherwise, the cure incurability. The incapacity must be grave or
would be beyond the means of the party serious such that the party would be
involved. The incapable of
factual settings in the case at bench, in no carrying out the ordinary duties required in
measure at all, can come close to the standards marriage; it must be rooted in the history of
required to the party
decree a nullity of marriage. antedating the marriage, although the overt
manifestations may emerge only after the
FACTS: marriage; and
Leouel Santos married Julia Bedia on 20 it must be incurable or, even if it were
September 1986. They lived with Julia’s otherwise, the cure would be beyond the
parents and means of the party
eventually, Julia gave birth to a son. However, involved.
their relationship turned sour and it was in
1988 when Psychological incapacity should refer to no
Julia left for the United States despite Leouel’s less than a mental (not physical) incapacity
pleas to dissuade her. that causes a
party to be truly incognitive of the basic
Seven months after her departure, Julia called marital covenants that concomitantly must be
Leouel for the first time and promised to assumed and
return home discharged by the parties to the marriage,
upon the expiration of her contract. She never expressed by Article 68 of the Family Code.
did. When Leouel had the chance to visit the There is hardly
United any doubt that the intendment of the law has
States, he desperately tried to locate or been to confine the meaning of "psychological
somehow get in touch with Julia, but all incapacity" to the most serious cases of
efforts were to no avail. personality disorders clearly demonstrative
of an utter
Having failed to get Julia to come home, insensitivity or inability to give meaning and
Leouel filed with the Regional Trial Court a significance to the marriage.
complaint for
The factual settings in the case at bench, in no
measure at all, can come close to the
standards required
to decree a nullity of marriage.

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