G.R. No. 193544 - Garlet v. Garlet
G.R. No. 193544 - Garlet v. Garlet
G.R. No. 193544 - Garlet v. Garlet
Garlet
FIRST DIVISION
[G.R. No. 193544. August 2, 2017.]
YOLANDA E. GARLET, petitioner, vs. VENCIDOR T. GARLET,
respondent.
DECISION
LEONARDODE CASTRO, J : p
Petitioner Yolanda E. Garlet assails in this Petition for Review on
Certiorari under Rule 45 of the Revised Rules of Court the: (1) Decision 1
dated June 21, 2010 of the Court of Appeals in CAG.R. CV No. 89142,
which reversed and set aside the Decision 2 dated November 27, 2006 of
the Regional Trial Court (RTC), Branch 159, Pasig City in JDRC Case No.
6796; and (2) Resolution 3 dated August 24, 2010 of the appellate court in
the same case, which denied petitioner's Motion for Reconsideration. HTcADC
The factual antecedents of the case are as follows:
Petitioner and respondent Vencidor T. Garlet met each other
sometime in 1988. They became intimately involved and as a result,
petitioner became pregnant. Petitioner gave birth to their son, Michael
Vincent Garlet (Michael), out of wedlock on November 9, 1989. Petitioner
and respondent eventually got married on March 4, 1994. Their union was
blessed with a second child, Michelle Mae Garlet (Michelle), on January
23, 1997. However, petitioner and respondent started experiencing marital
problems. After seven years of marriage, petitioner and respondent
separated in 2001. Petitioner now has custody over their two children.
On May 6, 2005, petitioner filed a Petition 4 for Declaration of Nullity
of Marriage on the ground of respondent's psychological incapacity to fulfill
his essential marital obligations to petitioner and their children. The Petition
was docketed as JDRC Case No. 6796. On June 30, 2005, respondent
filed his Answer 5 to the Petition.
At the pretrial, the parties admitted the following facts:
1. The petitioner and respondent contracted marriage on [March]
6 4, 1994;
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2. The parties' first son was named Michael Vincent Garlet and
was born on November 9, 1989;
3. The petitioner gave birth to another child named Michelle Mae
Garlet on January 23, 1997;
4. The respondent is aware that the petitioner is working in Japan
as an entertainer;
5. There is no antenuptial agreement prior to the celebration of
the marriage;
6. There is no separation of properties during the marriage;
7. The petitioner has the custody and the one supporting the
children from the time the respondent lost communication with
the children as he does not exert effort to see them;
8. The petitioner admitted that the parties acquired several
properties during cohabitation with qualification that the same
was bought out of the efforts and finances of the petitioner;
and
9. The petitioner likewise admitted that the respondent was not
subjected to psychological examination by the psychologist
sought by the petitioner with qualification that respondent was
given several opportunities to attend the psychological
evaluation but failed to do so. 7
Thereafter, trial ensued.
Testifying for petitioner were petitioner herself; Marites Ereve
(Marites), petitioner's sister who served as the children's nanny from 1993
to 2001; and Ms. Nimia Hermilia C. De Guzman (De Guzman), the clinical
psychologist.
Petitioner and respondent were introduced to each other by a
common friend in 1988. Respondent courted petitioner and they became
close. One day, after partying and drinking liquor with some friends,
petitioner and respondent lost their inhibitions and indulged in sexual
intercourse. Petitioner became pregnant as a result. Respondent doubted if
he fathered the unborn child and refused to support petitioner. Respondent
urged petitioner to have an abortion, to which she did not agree. During
petitioner's pregnancy, respondent did not visit her nor did he give any
financial assistance. After giving birth to Michael, respondent visited
petitioner only once. 8
In order to support Michael, petitioner left for Japan to work for six
months as a cultural dancer. Petitioner temporarily entrusted Michael's care
and custody to her mother and siblings in Bicol. Upon returning to the
Philippines, petitioner took Michael back to live in Manila. Petitioner also
brought Marites with them to Manila to serve as the nanny. 9 Respondent
visited petitioner and Michael several times but respondent still did not offer
petitioner any monetary help as he was jobless. 10
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From 1990 to 1994, petitioner returned to Japan several more times
to work, but she maintained her relationship with respondent for the sake of
their son. Sometime in 1992, petitioner instructed respondent to scout for a
real property on which she may invest her money. With the money
petitioner remitted, respondent purchased a 210square meter lot in
Morong, Rizal (Morong property), 11 but registered the Transfer Certificate
of Title (TCT) No. M38509 12 covering said property in his name. Despite
petitioner's pleas, respondent refused to transfer the certificate of title to
the Morong property in petitioner's name. 13 Later on, respondent, without
petitioner's consent, sold a 69square meter portion of the Morong property
to spouses Avelino Garlet (Avelino) and Cipriana A. Garlet, respondent's
brother and sisterinlaw, respectively, who secured TCT No. M56993 for
said portion in their names. 14 Respondent also mortgaged the Morong
property to his sisterinlaw's friend, which forced petitioner to redeem it for
P50,000.00. 15
Petitioner bought another parcel of land in Pila, Laguna on March 3,
1994 (Pila property). 16 Respondent insisted on including his name as one
of the buyers in the deed of sale for the Pila property even though he was
jobless and had no money to contribute for the purchase of said property.
17
It was also in 1992 that petitioner and respondent started living
together on the Morong property. They often quarreled but respondent
stayed with petitioner because she was the breadwinner of the family.
Respondent later asked petitioner to marry him. Thinking it was for the best
interest of their son, petitioner agreed and she married respondent on
March 4, 1994. 18 aScITE
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Upon returning to the Philippines in 2000, petitioner felt devastated
upon learning that respondent had squandered her hardearned money,
pawned her jewelry, and incurred debts in her name. 23 Petitioner also
discovered the incident when respondent allowed a "male friend" to sleep
in the master's bedroom. According to petitioner, this was highly unusual as
they never previously allowed anyone to sleep at their house. 24
Additionally, every time petitioner came home and brought presents
for her parents and siblings, respondent got angry and demanded from
petitioner all her earnings. 25
Petitioner and respondent were fighting constantly. Sometime in
2001, they had a serious altercation during which, respondent strangled
petitioner. Fortunately, a third person intervened and saved petitioner. 26
Petitioner and respondent tried to settle their marital issues before
the barangay. There, respondent admitted taking petitioner's money and
jewelry because he had no means to support himself and the family.
Realizing that there was no more love and respect between them and that
respondent was just using her, petitioner finally separated from respondent.
27 Petitioner and respondent executed on September 10, 2001 before the
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P30,000.00 for her annual tuition fee, as well as P15,000.00 for food
allowance, school supplies, tutorials, clothing, and other miscellaneous
expenses. 30
Considering the children's foregoing expenses, petitioner asserted
that her demand for respondent to pay P20,000.00 per month, or
P10,000.00 a month for each child, was just and reasonable. 31
Clinical psychologist, Ms. De Guzman, reported that she interviewed
petitioner and gathered information from the couple's relatives and
neighbors. 32 Ms. De Guzman's attempts to talk to respondent at his house
were unsuccessful. Ms. De Guzman, however, explained that her failure to
personally interview respondent would not affect her findings, saying that
"what is being tapped in the psychological assessment is the unconscious
level, more or less. And what is represented or uncovered in the
unconscious level would be correlated to the manifested behavior. Having
observed the respondent since the time that I have been appearing in this
case, there are some aspects or some attitudes and behaviors that
correlated with the descriptions of those people whom I interviewed." 33
In her report entitled "Psychological Capacity of Petitioner Yolanda
Ereve Garlet" 34 (Psychological Report), Ms. De Guzman cleared petitioner
of any psychological disorder, saying that petitioner has the capacity to
understand and comply with her marital obligations. In contrast, Ms. De
Guzman found respondent to be suffering from a narcissistic type of
personality disorder. Quoted below are Ms. De Guzman's test results and
her evaluation of both petitioner and respondent:
Petitioner is endowed with an average intellectual capacity
and possesses practical sounding cognitive skills that enables her
to confront her challenges in an efficient manner. However, her
better judgment and analytical functions are inclined to falter when
pressures and stresses overwhelm her.
Personality profile reveals a woman who is overly submissive
to the point of being gullible such that she normally gets the raw
end of a deal in most social situations. As much as possible, she
would want a smooth sailing interaction especially with her loved
ones, trying to compensate for lost time when she is not around
them.
She is however, the type who knows and honors her
commitments and obligations even if the people she trusts, as in the
case of her wayward husband — Respondent have already
betrayed her.
She is basically goalfocused and independentminded but
these mature and positive traits easily dwindle when her
sentimental nature gets the better of her. She welcomes praises
and attention accorded to her by her milieu such that she
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sometimes fail to decipher who among them are merely taking
advantage of her generosity/kindness. Consequently, she easily
gets fooled, particularly as she could really be too trusting.
Assertiveness and strength of character are the least among
her traits but Petitioner always makes it a point to maintain a
positive outlook and disposition in life despite her failures. She is
very sensitive and considerate of the feelings of other people.
Pyschosexual adjustment is basically adequate even if she
has developed a wary attitude towards members of the opposite
sex. HEITAD
Overall analysis of the test data failed to yield traces of any
ongoing psychopathological condition nor of any type of personality
disorder. Thus, Petitioner is still Psychologically Capacitated to
understand, comply and execute her marital obligations.
The same could not be said as true for the Respondent
who is undoubtedly suffering from the Narcissistic Type of
Personality Disorder, as evidenced by the following
symptomatic behavior:
1. He is unable to maintain his own direction in life without
the financial help and support of other people. He clings
to the Petitioner, who is the breadwinner, sacrificing to
be away from home to be able to build up a stable
future, for his finances. He also maintains an amorous
relationship with different women as a source of added
emotional support, boost of and satisfaction of his self
directed/immediate needs and desires.
2. He is not motivated to work and likewise capitalizes on
his physical assets to attain what he wants to achieve.
3. He is contented with his present lifestyle without thought
of others and has no foresight to prepare for a healthy
family, emotionally and socially. He is not bothered by
his conscience and even flaunts his indiscretions
publicly.
4. He has marked adjustment difficulties with his
immediate relatives.
5. He has a very poor impulse control, easily using
invectives/verbal tirades and at times unable to control
his aggressions that physical fights with Petitioner
arose.
6. He took advantage of Petitioner's kindness,
resourcefulness and industry, by not fulfilling his part of
the marriage covenant. He never cared nor attended to
his children but often delegated them to whoever would
be willing to assist him.
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7. He appears not to make use of his judgment and
decision making abilities as he is under the mercy of his
immature impulses where the important aspect of his
life, is himself and immediate gratification of his needs.
Thus, attending to his responsibility, understanding and
complying with his obligations in marriage are beyond his capacity.
Conclusively, the breakdown of their marriage could be traced to
Respondent's aforementioned traits plus his inadequacy and
insecurity in dealing with mature roles. Respondent's traits and
attitudes have been present even before marriage so that to effect
any change or improvement in his dispositions, would be difficult to
do. The Psychological Incapacitation is pervasive, permanent and
clinically proven to be incurable. Respondent has accepted it as his
means of coping with stressing life demands and is not aware that it
was the source of their estrangement and final breakdown of their
marital relationship.
The root cause of which started in his early days of training
where ambivalent/matteroffact treatment was received from
immediate caregivers. Because of his ordinal position among the
children, being the youngest boy, he was always given the choice of
what to do, favored or praised. He was not able to overcome such
indulgence, carried it to his adolescent/adult years, as he was
always given the most attention.
Contrarily, they were also somehow neglected because of
financial lack so much so that parents had to work overtime to earn
adequately for their living. Respondent together with his younger
siblings were left to the care of elder brothers/sisters who just
simply/literally followed what their parents would want of them.
Guidance and discipline were imposed upon the elder siblings but
became oblivious towards the Respondent. It developed in
Respondent on how he would go about his life without experiencing
the deprivation and hardship that he had undergone. He became
selffocused and at the same time hunted for women vulnerable to
his superficialities.
Thus, they are better off apart for the sake of everyone who
are within their bounds of reach for Respondent does not realize the
pain he is causing towards other people, specifically his legal wife
— the Petitioner as well as their children.
It is therefore recommended that their marriage covenant be
dissolved for everyone's peace of mind, through due process in this
Honorable Court. 35
Respondent testified on his own behalf. However, in an Order 36
dated September 14, 2006, the RTC declared respondent's direct
testimony stricken off the record because of respondent's failure to appear
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marriage with petitioner. Respondent's personality disorder, the root
cause of which can be traced in his childhood years was found to
be pervasive and permanent. Being the youngest boy, Respondent
was always favored and praised but was not properly guided and
disciplined by his parents as the latter were preoccupied with
improving their finances.
It also speaks of gravity because respondent is incapable of
rendering marital obligations like commitment, fidelity, trust, support
and love toward the petitioner and their children which are very vital
in a marital relationship. In fact, Ms. De Guzman stated in her report
that attending to his responsibilities, understanding and complying
with his obligations in marriage are beyond respondent's capacity.
It is incurable because the psychological incapacity of the
respondent is deeply rooted, it is already in his character. No
amount of therapy, no matter how intensive, can possibly change
the respondent insofar as incapability to perform his essential
marital obligations with the petitioner and to his children are
concerned. Respondent has already accepted such incapacity as
his means of coping with stressing life demands. 39
The RTC further held that all of the properties which were acquired
during the marriage were bought with petitioner's exclusive funds, thus,
negating the presumption of equality of shares between the parties in a
void marriage under Article 147 of the Family Code. The RTC awarded the
custody of the children to petitioner, but granted weekly visitation rights to
respondent and ordered respondent to give support to the children.
In the end, the RTC adjudged:
WHEREFORE, judgment is hereby rendered declaring the
marriage between YOLANDA EREVE GARLET and VENCIDOR
TAEP GARLET held at the Office of the Mayor, Morong, Rizal on
March 4, 1994, as NULL AND VOID AB INITIO on [the] ground of
psychological incapacity of the respondent to perform the essential
marital obligations in accordance with Article 36 of the Family Code,
with all the legal effects thereon.
The property relation between the petitioner and respondent
under Article 147 of the Family Code is deemed DISSOLVED. The
real properties acquired prior to marriage and cohabitation is hereby
declared exclusive properties of the petitioner particularly the real
property covered by Transfer Certificate [of Title] No. M38509 of
the Registry of Deeds of Rizal; and the tricycle and jeepney covered
by Certificate of Registration Nos. 13175616 and 27224267,
respectively.
The parties are directed to submit list of properties for
liquidation, partition and distribution; and the delivery of
presumptive legitime of their common children with notice to their
creditors upon finality of this decision.
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render a marriage void on the ground of psychological incapacity is
downright incapacity, not refusal or neglect or difficulty, much less ill
will. TIADCc
In ruling for Yolanda, the trial court gave credence to the
psychological report prepared by Ms. De Guzman. x x x
While it is true that courts rely heavily on psychological
experts for its understanding of human personality, still the root
cause of the psychological incapacity must be identified as a
psychological illness, its incapacitating nature fully explained, and
said incapacity established by the totality of the evidence presented
during trial. Likewise, although there is no requirement that a party
to be declared psychologically incapacitated should be personally
examined by a physician or a psychologist (as a condition sine qua
non), there is nevertheless still a need to prove the psychological
incapacity through independent evidence adduced by the person
alleging said disorder.
In the instant case, the root cause of the alleged
psychological incapacity, its incapacitating nature and the incapacity
itself were not sufficiently explained. What can be perused from the
psychological report prepared by Ms. De Guzman is that it only
offered a general evaluation on the supposed root cause of
Vencidor's personality disorder. The report failed to exhaustively
explain the relation between being a pampered youngest son and
suffering from a psychological malady so grave and permanent as
to deprive one of awareness of the duties and responsibilities of the
matrimonial bond.
The psychological report failed to reveal that the personality
traits of Vencidor were grave or serious enough to bring about an
incapacity to assume the essential obligations of marriage. Ms. De
Guzman merely stated in the said report that it is beyond the
capacity of Vencidor to attend to his responsibility and understand
and comply with his marital obligations. Such statement is a mere
general conclusion which, unfortunately, is unsubstantiated. We
cannot see how Vencidor's supposed personality disorder would
render him unaware of the essential marital obligations or to be
incognitive of the basic marital covenants that concomitantly must
be assumed and discharged by him.
Also, we cannot help but note that Ms. De Guzman's
conclusions about Vencidor's psychological incapacity were
primarily based on the informations fed to her by Yolanda whose
bias for her cause cannot be doubted. Moreover, Ms. De Guzman
testified that the informations that she obtained from Yolanda were
the result of onehour interview with Yolanda and initial testing given
at intervals.
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THE COURT OF APPEALS ERRED AND GRAVELY ABUSED ITS
DISCRETION IN DENYING THE MOTION FOR EXTENSION OF
TIME TO FILE MOTION FOR RECONSIDERATION AND
CONSEQUENTLY DECREEING THAT THE MOTION FOR
RECONSIDERATION WAS FILED OUT OF TIME. 46
Petitioner avers that the Court of Appeals erred in (a) disregarding
Ms. De Guzman's findings for being based solely on petitioner's version of
events, which was a third party account; (b) treating petitioner's evidence
as "no different from hearsay;" (c) finding that the root cause of
respondent's psychological incapacity was not sufficiently explained; and
(d) declaring the marriage of petitioner and respondent as valid.
Petitioner argues that based on Marcos v. Marcos, 47 it is not
required that the psychologist personally examine the spouse who is
alleged to be suffering from a psychological disorder. What matters is that
the totality of petitioner's evidence establish psychological incapacity.
Petitioner asserts that her evidence consists of not just her
testimony, but also those of her witnesses. Petitioner's description of her
marriage was substantiated by the statements of respondent's brother,
sisterinlaw, and neighbors, which were incorporated in the Psychological
Report. What is more, the root cause of respondent's psychological
incapacity had been properly alleged in the Petition, clinically identified,
and proven by Ms. De Guzman in her testimony and her Psychological
Report. Petitioner points out that the RTC gave considerable weight to her
evidence, and found respondent to be suffering from a Narcissistic
Personality Disorder so permanent, serious, severe, and incurable that it
rendered respondent incapable of performing his marital obligations.
Considering that the RTC had the opportunity to observe the demeanor of
the witnesses when they testified, its findings are entitled to respect from
the appellate courts. Underscoring the importance of the appreciation of
the facts by the trial court in determining whether a party to a marriage is
psychologically incapacitated, petitioner refers to the case of Ngo Te v.
Gutierrez YuTe 48 wherein the findings of the trial court were declared to
be final and binding on the appellate courts. Based on the totality of the
evidence, petitioner maintains that her marriage should be declared null
and void on account of respondent's psychological incapacity. AIDSTE
Lastly, petitioner alleges that the Court of Appeals erred in denying
her Motion for Reconsideration for being filed out of time based on
Habaluyas Enterprises, and pleads for liberality in the application of the
rules in the interest of substantial justice.
The Petition is without merit.
The Court shall first address the procedural issue regarding the
denial of petitioner's Motion for Reconsideration by the Court of Appeals for
being filed out of time.
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In its Resolution issued on May 30, 1986 in Habaluyas Enterprises,
the Court already elucidated, for the guidance of Bench and Bar, that:
1.) Beginning one month after the promulgation of this
Resolution, the rule shall be strictly enforced that no motion for
extension of time to file a motion for new trial or reconsideration
may be filed with the Metropolitan or Municipal Trial Courts, the
Regional Trial Courts, and the [Court of Appeals]. Such a motion
may be filed only in cases pending with the Supreme Court as the
court of last resort, which may in its sound discretion either grant or
deny the extension requested. 49
The foregoing rule is still good presently. The Court, in the more
recent case of V.C. Ponce Company, Inc. v. Municipality of Parañaque, 50
still observed strict adherence to the rule laid down in Habaluyas
Enterprises. The Court acknowledged in said case that it sometimes
allowed a liberal reading of the rules in the interest of equity and justice, so
long as the petitioner is able to prove the existence of cogent reasons to
excuse its nonobservance. However, the Court also found therein that
petitioner's reason for failing to meet the deadline, i.e., it was without aid of
counsel, did not warrant a relaxation of the rules as "it is incumbent upon
the client to exert all efforts to retain the services of new counsel."
Petitioner's counsel in the instant case sought extension of time to
file the motion for reconsideration of the Court of Appeals Decision claiming
that she had already started the draft of said motion but was unable to
finalize the same "due to heavy pressure of work in the preparation of
pleadings in other equally important cases requiring immediate attention."
51 The excuse of petitioner's counsel does not constitute cogent reason or
extraordinary circumstance that warrant a departure from the general rule.
Pressure and large volume of legal work do not excuse a counsel for filing
a pleading out of time. It is the counsel's duty to devote his/her full
attention, diligence, skills, and competence to every case that he/she
accepts. 52
The Court stressed in De Leon v. Hercules Agro Industrial
Corporation 53 that compliance with the reglementary period for perfecting
an appeal is not only a procedural issue, but jurisdictional, thus:
As the period to file a motion for reconsideration is non
extendible, petitioner's motion for extension of time to file a motion
for reconsideration did not toll the reglementary period to appeal;
thus, petitioner had already lost his right to appeal the September
23, 2005 decision. As such, the RTC decision became final as to
petitioner when no appeal was perfected after the lapse of the
prescribed period.
Doctrinallyentrenched is that the right to appeal is a
statutory right and the one who seeks to avail that right must comply
with the statute or rules. The requirements for perfecting an appeal
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Prefatorily, it bears stressing that it is the policy of our
Constitution to protect and strengthen the family as the basic
autonomous social institution and marriage as the foundation of the
family. Our family law is based on the policy that marriage is not a
mere contract, but a social institution in which the state is vitally
interested. The State can find no stronger anchor than on good,
solid and happy families. The break up of families weakens our
social and moral fabric and, hence, their preservation is not the
concern alone of the family members.
Thus, the Court laid down in Republic of the Philippines v.
Court of Appeals and Molina stringent guidelines in the
interpretation and application of Article 36 of the Family Code, to
wit:
(1) The burden of proof to show the
nullity of the marriage belongs to the plaintiff. Any
doubt should be resolved in favor of the existence and
continuation of the marriage and against its dissolution
and nullity. This is rooted in the fact that both our
Constitution and our laws cherish the validity of
marriage and unity of the family. Thus, our
Constitution devotes an entire Article on the Family,
recognizing it "as the foundation of the nation." It
decrees marriage as legally "inviolable," thereby
protecting it from dissolution at the whim of the
parties. Both the family and marriage are to be
"protected" by the state. AaCTcI
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noncomplied marital obligation(s) must also be stated
in the petition, proven by evidence and included in the
text of the decision.
(7) Interpretations given by the National
Appellate Matrimonial Tribunal of the Catholic
Church in the Philippines, while not controlling or
decisive, should be given great respect by our
courts x x x.
In Santos v. Court of Appeals, the Court declared that
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."
The intendment of the law has been to confine the meaning of
"psychological incapacity" to the most serious cases of personality
disorders clearly demonstrative of an utter insensitivity or inability to
give meaning and significance to the marriage.
However, in more recent jurisprudence, we have observed
that notwithstanding the guidelines laid down in Molina, there is a
need to emphasize other perspectives as well which should govern
the disposition of petitions for declaration of nullity under Article 36.
Each case must be judged, not on the basis of a priori assumptions,
predilections or generalizations but according to its own facts. In
regard to psychological incapacity as a ground for annulment of
marriage, it is trite to say that no case is on "all fours" with another
case. The trial judge must take pains in examining the factual milieu
and the appellate court must, as much as possible, avoid
substituting its own judgment for that of the trial court. With the
advent of Te v. Te, the Court encourages a reexamination of
jurisprudential trends on the interpretation of Article 36 although
there has been no major deviation or paradigm shift from the Molina
doctrine. (Citations omitted.)
It bears to stress that the burden of proving the nullity of the marriage
falls on petitioner. Petitioner's evidence shall still be scrutinized and
weighed, regardless of respondent's failure to present any evidence on his
behalf. Any doubt shall be resolved in favor of the existence and
continuation of the marriage. Tested against the present guidelines, the
Court agrees with the Court of Appeals that the totality of petitioner's
evidence is insufficient to establish respondent's psychological incapacity.
Petitioner imputes almost every imaginable negative character trait
against respondent, but not only do they not satisfactorily constitute
manifestations of respondent's psychological incapacity as contemplated in
the Family Code, petitioner's averments are riddled with inconsistencies
that are sometimes contradicted by her own evidence.
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Petitioner avers that respondent tried to persuade her to have an
abortion when she became pregnant with Michael and respondent even
questioned Michael's paternity. Yet, notably, respondent never sought the
correction of Michael's Certificate of Live Birth, which specifically named
him as Michael's father. The following verbal exchanges between the
couple in the Kasunduang Pagaayos 56 also show that respondent
acknowledged his children with petitioner, namely, Michael and Michelle,
and was concerned with their welfare: EcTCAD
Yoly
Ayoko na nga basta umalis ka sa bahay natin at kung hindi ka
aalis kami ng mga anak mo ang aalis.
Vencidor
Paano mga anak natin, sinong magaalaga sa kanila.
Yoly
Ako na ang bahala sa mga anak ko bubuhayin ko sila.
xxx xxx xxx
Yoly
Makikita mo pa naman ang mga anak mo, puwede mo rin
naman dalawin kahit dalawang beses sa isang lingo.
Vencidor
Ayoko yata Yoly na magkahiwalay tayo paano na ako,
sino ang magiintindi sa mga anak ko, halimbawa na
umalis ka uli papunta abroad.
Even assuming that respondent initially reacted adversely to
petitioner's pregnancy with Michael, it would appear from respondent's
subsequent actuations that he had come to accept that he is indeed
Michael's father.
In her testimony, petitioner claimed that her relationship with
respondent was cut off when she got pregnant; that respondent never
visited her during her pregnancy; and that respondent visited her only once
after she gave birth to Michael on November 9, 1989. According to
petitioner, she had no relationship with respondent until she purchased the
Pila property on March 3, 1994. 57 The records, though, bear out the
continuous relationship between petitioner and respondent. First, petitioner
stated in her own Memorandum before the RTC that she "did not sever her
ties with [respondent]." 58 Second, petitioner remitted money to respondent
sometime in 1992 for the purchase of the Morong property, where they
eventually lived. Third, Ms. De Guzman recounted in her Psychological
Report that sometime "[i]n 1992, Petitioner and Respondent started to live
[in] Morong, Rizal." 59 And fourth, petitioner married respondent on March
4, 1994, which would just be the day after she bought the Pila property.
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Petitioner further alleges that respondent meddled with the purchase
and registration of the Morong and Pila properties. Although he did not
make any monetary contribution at all for the said purchases, respondent
registered the TCT of the Morong property in his name and as one of the
owners in the TCT of the Pila property. In addition, respondent purportedly
sold a portion of the Morong property without petitioner's consent. But the
Court notes that petitioner and respondent had already deported
themselves as husband and wife long before the purchase of the Morong
and Pila properties and their actual marriage. Petitioner had a direct hand
in the preparation of Michael's Certificate of Live Birth in 1989 and she
made it to appear therein that she and respondent were already married on
December 27, 1988 in Pasay City. It is not inconceivable, therefore, that
petitioner and respondent continued to misrepresent themselves as a
married couple in the purchase of the Pila property and in the case of the
Morong property, the purchase took place when petitioner was then
working in Japan. It appears that petitioner belatedly renounced
respondent's authority to purchase and register the subject properties, as
well as to sell a portion of the Morong property, only after their relationship
had gone sour.
Furthermore, petitioner complains about respondent's joblessness,
gambling, alcoholism, sexual infidelity, and neglect of the children during
their marriage.
Contrary to petitioner's assertion, it appears that respondent took on
several jobs. As indicated in Michael's Certificate of Live Birth,
respondent's occupation was listed as a "vendor." Respondent was also in
charge of the minigrocery store which he and petitioner put up. Most
recently, respondent worked as a jeepney driver. Petitioner's claim that
respondent never plied the jeepney 60 was contradicted by her own sister
and witness, Marites, who testified that respondent sometimes plied the
jeepney himself or asked somebody else to drive it for him. 61 Petitioner
criticized respondent for not looking for a stable job, but did not specify
what job suits respondent's qualifications. More importantly, it is settled in
jurisprudence that refusal to look for a job per se is not indicative of a
psychological defect. 62
As for respondent's alleged drinking and gambling vices, petitioner
herself had no personal knowledge of the same, relying only on what
relatives relayed to her while she was in Japan. 63 Being hearsay evidence,
petitioner's testimony on the matter had no probative value 64 even if
allowed by the Court as part of her narration. It is Marites, in her testimony
65 and Sinumpaang Salaysay, 66 who recounted that petitioner would often
play tongits and mahjong until early morning, come home drunk, sleep
until afternoon, and leave again to gamble. While respondent could have
indulged in the vices of drinking and gambling, it was not established that it
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was due to some debilitating psychological condition or illness or that it was
serious enough as to prevent him from performing his essential marital
obligations. As the Court pronounced in Suazo v. Suazo: 67
Habitual drunkenness, gambling and refusal to find a job,
while indicative of psychological incapacity, do not, by themselves,
show psychological incapacity. All these simply indicate difficulty,
neglect or mere refusal to perform marital obligations that, as the
cited jurisprudence holds, cannot be considered to be constitutive of
psychological incapacity in the absence of proof that these are
manifestations of an incapacity rooted in some debilitating
psychological condition or illness.
There is utter lack of factual basis for respondent's purported sexual
infidelity. Aside from petitioner's bare allegations, no concrete proof was
proffered in court to establish respondent's unfaithfulness to petitioner.
Petitioner failed to provide details on respondent's supposed affairs, such
as the names of the other women, how the affairs started or developed,
and how she discovered the affairs. Ms. De Guzman, in her Psychological
Report, quoted respondent's brother, Avelino, as saying that different
women often looked for and visited respondent at the latter's house after
petitioner and respondent separated, but this is still insufficient evidence of
respondent's marital infidelity.
The Court already declared that sexual infidelity, by itself, is not
sufficient proof that a spouse is suffering from psychological incapacity. It
must be shown that the acts of unfaithfulness are manifestations of a
disordered personality which makes the spouse completely unable to
discharge the essential obligations of marriage. 68 In Navales v. Navales, 69
the Court still found no factual basis for the husband's claim that his wife,
being flirtatious and sexually promiscuous, was psychologically
incapacitated, regardless of the submitted psychological report concluding
that the wife was a nymphomaniac. The Court reasoned as follows: HSAcaE
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The report failed to specify, however, the names of the
men Nilda had sexual relationship with or the circumstances
surrounding the same. As pointed out by Nilda, there is not
even a single proof that she was ever involved in an illicit
relationship with a man other than her husband. Vatanagul
claims, during her testimony, that in coming out with the
report, she interviewed not only Reynaldo but also Jojo
Caballes, Dorothy and Lesley who were Reynaldo's sisterin
law and sister, respectively, a certain Marvin and a certain
Susan. Vatanagul however, did not specify the identities of
these persons, which information were supplied by whom, and
how they came upon their respective informations. Indeed, the
conclusions drawn by the report are vague, sweeping and lack
sufficient factual bases. As the report lacked specificity, it failed to
show the root cause of Nilda's psychological incapacity; and failed
to demonstrate that there was a "natal or supervening disabling
factor" or an "adverse integral element" in Nilda's character that
effectively incapacitated her from accepting, and thereby complying
with, the essential marital obligations, and that her psychological or
mental malady existed even before the marriage. x x x. (Citations
omitted.)
That respondent delegated the care for the children to Marites,
petitioner's sister, does not necessarily constitute neglect. While it is truly
ideal that children be reared personally by their parents, in reality, there are
various reasons which compel parents to employ the help of others, such
as a relative or hired nanny, to watch after the children. In the instant case,
it was actually petitioner who brought Marites from Bicol to Manila to care
for Michael, and also later on, for Michelle. Granting that Marites was
primarily responsible for the children's care, there is no showing that a
serious psychological disorder has rendered respondent incognizant of and
incapacitated to perform his parental obligations to his children. There is no
allegation, much less proof, that the children were deprived of their basic
needs or were placed in danger by reason of respondent's neglect or
irresponsibility.
Petitioner additionally accuses respondent of taking her money and
jewelry after their marital dispute sometime in 2001, and submitted the
Kasunduang Pagaayos they executed before the barangay in which
respondent admitted doing so. The submitted document recorded the
exchange between the couple, thus:
Vencidor
O sige Yoly ibabalik ko yong alahas mo at pera mo
magsimula uli tayo.
Yoly
Ayoko na nga makisama sa iyo, basta ibalik mo na lang ang
pera ko at mga alahas ko.
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Vencidor
Paano naman ako dapat tayo ay hati.
Yoly
O sige ibalik mo ang P150,000.00, at alahas ko.
Vencidor
Gawin mo namang P300,000.00.
Yoly
O sige gawin mo ng Tatlong daan, pati bahay sa Pila, Laguna
jeep at trysikel sa iyo na umalis ka lang ng bahay.
Vencidor
Saan naman ako uuwi, pero pansamantala lang ito di ba?
Yoly
Makikita mo pa naman ang mga anak mo, puwede mo rin
naman dalawin kahit dalawang beses sa isang lingo.
Vencidor
Ayoko yata Yoly na magkahiwalay tayo paano na ako, sino
ang magiintindi sa mga anak ko, halimbawa na umalis ka uli
papunta abroad.
Yoly
Ayoko na nga makisama sayo kung [di] ka aalis mapipilitan
ako na itataas ko na ito kaso natin.
Vencidor
O sige kukunin ko ang pera sa bangko at ibibigay ko sa iyo
dadalhin ko sa bahay.
Yoly
Ang kikita (sic) ko lagi niyang sinisilip.
Vencidor
Dapat naman magasawa naman tayo kung ano ang iyo ay
akin rin yon di ba.
Yoly
Bakit mo kinuha ang pera ko [?]
Vencidor
Ginalaw ko iyon kasi inuunahan mo ako. Di mo ako
pinalalapit pagtulog ay magasawa tayo. At yong Hapon
palaging tumatawag, kaya naitago ko ang mga alahas mo.
Hinabol pa niyan ng saksak.
Yoly
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Sinisiraan niya ako sa Hapon ay iyon ay mga kustomer ko.
Masasakit ang mga sinasabi niya sa kin. HESIcT
Vencidor
Binabalewala niya ako.
Yoly
Basta umalis ka na sa bahay at naibigay ko na sa iyo ang
[b]ahay sa [L]aguna, jeep, trysikel at pera ano pa ang gusto
mo[?] [S]a amin ng mga anak mo ang bahay sa Natividad St.,
Ibaba. Wala ka pakialam roon at ako ang nagpundar noon. 70
(Emphases supplied.)
A perusal of the aforequoted verbal exchange between petitioner
and respondent in the Kasunduang Pagaayos, though, reveals that
respondent only hid petitioner's money and jewelry as a desperate attempt
to stop petitioner from leaving him, taking with her the children. In fact,
respondent repeatedly expressed concern about saving their marriage,
offering to return the money and jewelry back to petitioner as long as they
stay together. It was petitioner who categorically stated that she no longer
wanted to live with respondent, offering to the latter P300,000.00 cash, the
Pila property, the jeepney and the tricycle, just for respondent to leave their
marital home.
Petitioner asserts too that she had been physically abused by
respondent, but offers no substantiating evidence, such as details on the
instances of abuse, pictures of her injuries, medicolegal report, or other
witness' testimony.
While the Court does not hold respondent totally without blame or
free of shortcomings, but his failings as husband and father are not
tantamount to psychological incapacity which renders their marriage void
from the very beginning. Worthy of reiterating herein is the declaration of
the Court in Agraviador v. AmparoAgraviador 71 that:
These acts, in our view, do not rise to the level of
psychological incapacity that the law requires, and should be
distinguished from the "difficulty," if not outright "refusal" or
"neglect," in the performance of some marital obligations that
characterize some marriages. The intent of the law has been to
confine the meaning of psychological incapacity to the most
serious cases of personality disorders — existing at the time of the
marriage — clearly demonstrating an utter insensitivity or inability to
give meaning and significance to the marriage. The psychological
illness that must have afflicted a party at the inception of the
marriage should be a malady so grave and permanent as to
deprive one of awareness of the duties and responsibilities of the
matrimonial bond he or she is about to assume. (Emphases
supplied, citations omitted.)
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Finally, the Court is not bound by Ms. De Guzman's Psychological
Report. While the Court previously held that "there is no requirement that
the person to be declared psychologically incapacitated be personally
examined by a physician," yet, this is qualified by the phrase, "if the totality
of evidence presented is enough to sustain a finding of psychological
incapacity." 72 The psychologist's findings must still be subjected to a
careful and serious scrutiny as to the bases of the same, particularly, the
source/s of information, as well as the methodology employed.
In PadillaRumbaua v. Rumbaua, 73 the Court did not give credence
to the clinical psychologist's report because:
We cannot help but note that Dr. Tayag's conclusions about
the respondent's psychological incapacity were based on the
information fed to her by only one side — the petitioner — whose
bias in favor of her cause cannot be doubted. While this
circumstance alone does not disqualify the psychologist for reasons
of bias, her report, testimony and conclusions deserve the
application of a more rigid and stringent set of standards in the
manner we discussed above. For, effectively, Dr. Tayag only
diagnosed the respondent from the prism of a third party account;
she did not actually hear, see and evaluate the respondent and how
he would have reacted and responded to the doctor's probes.
Dr. Tayag, in her report, merely summarized the petitioner's
narrations, and on this basis characterized the respondent to be a
selfcentered, egocentric, and unremorseful person who "believes
that the world revolves around him"; and who "used love as a . . .
deceptive tactic for exploiting the confidence [petitioner] extended
towards him." Dr. Tayag then incorporated her own idea of "love";
made a generalization that respondent was a person who "lacked
commitment, faithfulness, and remorse," and who engaged "in
promiscuous acts that made the petitioner look like a fool"; and
finally concluded that the respondent's character traits reveal "him
to suffer Narcissistic Personality Disorder with traces of Antisocial
Personality Disorder declared to be grave and incurable."
We find these observations and conclusions insufficiently in
depth and comprehensive to warrant the conclusion that a
psychological incapacity existed that prevented the respondent from
complying with the essential obligations of marriage. It failed to
identify the root cause of the respondent's narcissistic personality
disorder and to prove that it existed at the inception of the marriage.
Neither did it explain the incapacitating nature of the alleged
disorder, nor show that the respondent was really incapable of
fulfilling his duties due to some incapacity of a psychological, not
physical, nature. Thus, we cannot avoid but conclude that Dr.
Tayag's conclusion in her Report — i.e., that the respondent
suffered "Narcissistic Personality Disorder with traces of Antisocial
Personality Disorder declared to be grave and incurable — is an
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unfounded statement, not a necessary inference from her previous
characterization and portrayal of the respondent. While the various
tests administered on the petitioner could have been used as a fair
gauge to assess her own psychological condition, this same
statement cannot be made with respect to the respondent's
condition. To make conclusions and generalizations on the
respondent's psychological condition based on the information fed
by only one side is, to our mind, not different from admitting hearsay
evidence as proof of the truthfulness of the content of such
evidence.
The Court similarly rejected the psychiatric evaluation report
presented by the petitioner in Agraviador for the following reasons:
The Court finds that Dr. Patac's Psychiatric Evaluation
Report fell short in proving that the respondent was psychologically
incapacitated to perform the essential marital duties. We emphasize
that Dr. Patac did not personally evaluate and examine the
respondent; he, in fact, recommended at the end of his Report for
the respondent to "undergo the same examination [that the
petitioner] underwent." Dr. Patac relied only on the information fed
by the petitioner, the parties' second child, Emmanuel, and
household helper, Sarah. Largely, the doctor relied on the
information provided by the petitioner. Thus, while his Report can
be used as a fair gauge to assess the petitioner's own psychological
condition (as he was, in fact, declared by Dr. Patac to be
psychologically capable to fulfill the essential obligations of
marriage), the same statement cannot be made with respect to the
respondent's condition. The methodology employed simply cannot
satisfy the required depth and comprehensiveness of the
examination required to evaluate a party alleged to be suffering
from a psychological disorder. caITAC
We do not suggest that a personal examination of the party
alleged to be psychologically incapacitated is mandatory. We have
confirmed in Marcos v. Marcos that the person sought to be
declared psychologically incapacitated must be personally
examined by a psychologist as a condition sine qua non to arrive at
such declaration. If a psychological disorder can be proven by
independent means, no reason exists why such independent proof
cannot be admitted and given credit. No such independent
evidence appears on record, however, to have been gathered in
this case. 74
Much in the same way, the Court finds herein that Ms. De Guzman's
sources and methodology is severely lacking the requisite depth and
comprehensiveness to judicially establish respondent's psychological
incapacity. Ms. De Guzman relied on the information given by petitioner;
Avelino, respondent's brother; Ramil Ereve, petitioner's brother; an
anonymous female cousin of petitioner; 75 and the couple's neighbors who
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refused to give their names. 76 On the basis thereof, Ms. De Guzman
determined that respondent suffered from Narcissistic Personality Disorder,
the root cause of which, Ms. De Guzman traced back to respondent, as the
youngest child in the family, being favored, praised, and indulged by his
caregivers. From there, Ms. De Guzman already concluded that
respondent's disorder rendered it beyond his capacity to understand,
comply, and attend to his obligations in the marriage; was present even
before marriage; and was "pervasive, permanent and clinically proven to
be incurable." To put it simply, Ms. De Guzman is saying that respondent
was a spoiled child, and while it can be said that respondent has grown up
to be a selfcentered and selfindulgent adult, it still falls short of
establishing respondent's psychological incapacity characterized by gravity,
juridical antecedence, and incurability, so as to render respondent's
marriage to petitioner void ab initio.
All told, the Court agrees with the Court of Appeals in declaring that
the marriage of petitioner and respondent as subsisting and valid. As the
Court decreed in Republic v. Galang: 77
The Constitution sets out a policy of protecting and
strengthening the family as the basic social institution, and marriage
is the foundation of the family. Marriage, as an inviolable institution
protected by the State, cannot be dissolved at the whim of the
parties. In petitions for the declaration of nullity of marriage, the
burden of proof to show the nullity of marriage lies with the plaintiff.
Unless the evidence presented clearly reveals a situation where the
parties, or one of them, could not have validly entered into a
marriage by reason of a grave and serious psychological illness
existing at the time it was celebrated, we are compelled to uphold
the indissolubility of the marital tie.
WHEREFORE, premises considered, the Petition for Review on
Certiorari is DENIED. The assailed Decision dated June 21, 2010 and
Resolution dated August 24, 2010 of the Court of Appeals in CAG.R. CV
No. 89142 are AFFIRMED.
SO ORDERED.
Sereno, C.J., Del Castillo, PerlasBernabe and Caguioa, JJ., concur.
Footnotes
1. Rollo, pp. 2535; penned by Associate Justice Isaias Dicdican with Presiding
Justice Andres B. Reyes, Jr. (now a member of this Court) and Associate
Justice Stephen C. Cruz concurring.
2. Id. at 3951; penned by Presiding Judge Rodolfo R. Bonifacio.
3. Id. at 3738.
4. Records, pp. 311.
5. Id. at 5564.
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6. Id. at 12, Certificate of Marriage.
7. Id. at 165166.
8. TSN, March 10, 2006, pp. 2327.
9. Records, p. 333.
10. TSN, March 10, 2006, pp. 2729.
11. Records, p. 333.
12. Id. at 275.
13. Id. at 333.
14. TSN, March 10, 2006, pp. 3435; Records, p. 280.
15. TSN, April 6, 2006, p. 24.
16. Kasulatan ng Manahan ng Labas sa Hukuman na may Pagbabahagui na may
Bilihang Patuluyan; Records, pp. 3637.
17. TSN, March 10, 2006, pp. 3638.
18. Records, p. 508.
19. Id. at 334.
20. Id. at 335.
21. TSN, June 15, 2006, p. 8.
22. TSN, March 10, 2006, pp. 4447.
23. Records, p. 335.
24. TSN, March 10, 2006, p. 48; records, p. 510.
25. Id. at 42.
26. Id. at 4950.
27. Id. at 54.
28. Records, pp. 297299.
29. Id. at 532.
30. Id.
31. Id.
32. TSN, June 1, 2006, pp. 1117.
33. Id. at 2324.
34. Records, pp. 507518.
35. Id. at 515518.
36. Id. at 331.
37. Id. at 332340.
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38. Id. at 341.
39. Rollo, pp. 4849.
40. Id. at 5051.
41. Id. at 3234.
42. Id. at 3435.
43. Motion for Extension of Time to File a Motion for Reconsideration; CA rollo, pp.
130131.
44. CA rollo, pp. 181182.
45. 226 Phil. 144, 148 (1986).
46. Rollo, p. 6.
47. 397 Phil. 840, 850 (2000).
48. 598 Phil. 666, 691 (2009).
49. Habaluyas Enterprises, Inc. v. Japzon, supra note 45 at 148.
50. 698 Phil. 338, 351 (2012).
51. CA rollo, p. 130.
52. Ramos v. Dajoyag, Jr., 428 Phil. 267, 279 (2002).
53. 734 Phil. 652, 660661 (2014).
54. Took effect on August 3, 1988.
55. 606 Phil. 177, 186189 (2009).
56. Records, pp. 297299.
57. TSN, March 10, 2006, pp. 2427 and 38.
58. Records, p. 333.
59. Id. at 508.
60. Id. at 334.
61. TSN, June 15, 2006, p. 8.
62. Suazo v. Suazo, 629 Phil. 157, 184 (2010).
63. Q — Now Madam Witness, how did you know that your husband was not trying
to look for a job while you were in Japan?
A — Yes, ma'am. The truth of the matter, my sister told me that he is
always out of the house and frequently drinking and gambling, ma'am.
Q — How did you know that your husband was out all the time and drinking
and gambling while you were in Japan?
A — I was being told by my relatives and also his relatives of his
activities, ma'am. (TSN, March 10, 2006, pp. 4041.)
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64. PNOC Shipping and Transport Corp. v. Court of Appeals, 358 Phil. 38, 56
(1998).
65. TSN, June 15, 2006, pp. 78.
66. Records, pp. 281283.
67. Supra note 62 at 184.
68. Villalon v. Villalon, 512 Phil. 219, 227228 (2005).
69. 578 Phil. 826, 845846 (2008).
70. Records, pp. 298299.
71. 652 Phil. 49, 6465 (2010).
72. Ngo Te v. Gutierrez YuTe, supra note 48 at 702703, citing Marcos v. Marcos,
supra note 47 at 850.
73. 612 Phil. 1061, 10841086 (2009).
74. Agraviador v. AmparoAgraviador, supra note 71 at 6566.
75. TSN, June 1, 2006, p. 19.
76. Id. at 14.
77. 665 Phil. 658, 677678 (2011).
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