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Leouel Santos vs. The Honorable Court of Appeals and Julia Rosario Bedia-Santos

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Leouel Santos vs. the Honorable Court of Appeals and Julia Rosario Bedia-Santos, G.R. No. 112019, 4 January 1995, Vitug

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Leouel Santos vs. The Honorable Court of Appeals and Julia Rosario Bedia-Santos

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G S
604 views1 page
Leouel Santos vs. the Honorable Court of Appeals and Julia Rosario Bedia-Santos, G.R. No. 112019, 4 January 1995, Vitug

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Leouel Santos vs. the Honorable Court of Appeals and Julia Rosario Bedia-Santos

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Leouel Santos vs. the Honorable Court of Appeals and Julia Rosario Bedia-Santos, G.R. No. 112019, 4 January 1995, Vitug

Copyright:

© All Rights Reserved
Download as DOCX, PDF, TXT or read online from Scribd
Download as docx, pdf, or txt
604 views1 page

Leouel Santos vs. The Honorable Court of Appeals and Julia Rosario Bedia-Santos

Uploaded by

G S
Leouel Santos vs. the Honorable Court of Appeals and Julia Rosario Bedia-Santos, G.R. No. 112019, 4 January 1995, Vitug

Copyright:

© All Rights Reserved
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Leouel Santos vs.

The Honorable Court of Appeals and Julia Rosario Bedia-


Santos, G.R. No. 112019, 4 January 1995, Vitug [J].

Facts: Leouel Santos married Julia Rosario Bedia on 20 September 1986. After giving
birth to a baby, Julia left for the United Stated. Julia did not communicate to her
husband for years until one phone call, promising to come back home upon expiration
of her contract but failed to do so. Leouel tried to look for Julia in the US when he was
sent for a training but to no avail. He, then, filed with the with the RTC of Negros
Oriental, a complaint for voiding of the marriage under Article 36 of the Family Code in
1991. However, Tte RTC dismissed the complaint and the CA affirmed the dismissal.
Hence, this case.

Issue: Whether the non-communication and not coming home by Julia to Leouel for 5
years constitute psychological incapacity

Held: No, the non-communication and not coming home by Julia to Leouel for 5 years
does not constitute psychological incapacity; hence, not a ground for annulment.

As per the New Civil Code, psychological incapacity must be characterized by a) gravity,
b) juridical antecedence, and c) incurability. It should refer to no less than a mental
(not physical) incapacity that causes a party to be truly incognitive of the basic marital
covenants that concomitantly must be assumed and discharged by the parties to the
marriage which, as so expressed by Article 68 of the Family Code, include their mutual
obligations to live together, observe love, respect and fidelity and render help and
support.

Undeniably and understandably, Leouel stands aggrieved, even desperate, in his resent
situation. Regrettably, neither law nor society itself can always provide all the specific
answers to every individual problem. Hence, petition is denied.

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