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Fernandez Vs CA - Digest

Lucita Hernandez filed a petition to annul her marriage to Mario Hernandez, alleging that he failed to support the family, was frequently drunk, had affairs with other women, fathered a child with another woman, and abandoned Lucita and their children. The trial court and Court of Appeals dismissed the petition. The Supreme Court ruled that Mario's actions did not constitute psychological incapacity, as his behaviors would need to demonstrate an underlying disordered personality that made him completely unable to fulfill his marital obligations, rather than being due to youth or feelings of attractiveness. The Court affirmed the lower courts' judgment dismissing the annulment petition.

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Christopher Joselle Molato
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669 views1 page

Fernandez Vs CA - Digest

Lucita Hernandez filed a petition to annul her marriage to Mario Hernandez, alleging that he failed to support the family, was frequently drunk, had affairs with other women, fathered a child with another woman, and abandoned Lucita and their children. The trial court and Court of Appeals dismissed the petition. The Supreme Court ruled that Mario's actions did not constitute psychological incapacity, as his behaviors would need to demonstrate an underlying disordered personality that made him completely unable to fulfill his marital obligations, rather than being due to youth or feelings of attractiveness. The Court affirmed the lower courts' judgment dismissing the annulment petition.

Uploaded by

Christopher Joselle Molato
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Lucita E. Hernandez vs.

CA and Mario Hernandez


320 SCRA 76, G.R. No. 126010, 8 December 1999
Facts:
On 1 January 1981, Lucita Estrella married Mario Hernandez, and they begot
three children. On 10 July 1992, Lucita filed a petition for annulment of marriage
under Article36 of the Family Code. She alleged that from the time
of their marriage, Mario failed to perform his obligations to support the family,
devoting most of his time drinking, had
affairs with many women, and cohabiting with another woman with whom he
had an illegitimate child, and finally abandoning her and the family. The RTCTagaytay City dismissed the petition which was affirmed by the CA.
Issue:
Whether or not Marios habitual alcoholism, sexual
infidelity/perversion and family abandonment constitute psychological
incapacity under Article 36 of the Family Code.
Ruling:
No. The Supreme Court ruled that the aforementioned acts do not by
themselves constitute grounds for psychological incapacity within the
contemplation of the Family Code. It
must be shown that these acts are manifestations of a disordered personality
which make Mario completely unableto discharge his essential marital
obligations, and not merely due to his youth and self-conscious feelings of being
handsome.
Judgment affirmed.

Melo M. Ponce de Leon


LLB 1
PERSONS

Page 1

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