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    139 Republic v. Calingo - Lambayon

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    John Glenn Lambayon

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    139 Republic v. Calingo - Lambayon

    Uploaded by

    John Glenn Lambayon
    18 views1 page

    Original Title

    139 REPUBLIC V. CALINGO - LAMBAYON

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    18 views1 page

    139 Republic v. Calingo - Lambayon

    Uploaded by

    John Glenn Lambayon

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Unequivocally, psychological incapacity must be more than just a

    Republic v. CA and Alegro


    "difficulty," "refusal" or "neglect" in the performance of the marital
    obligations; it is not enough that a party prove that the other failed to
    Facts: meet the responsibility and duty of a married person
    After developing a strong sense of sexual desire and physical
    attraction towards each other, Ariel and Cynthia became a couple.

    On February 5, 1980, Ariel and Cynthia decided to get married civilly.


    The couple initially lived in Paco, Manila; and later on transferred to
    several places because of the alleged aggressive behavior of Cynthia.

    Despite their marital problems, Ariel and Cynthia had their church
    wedding on February 22, 1998. At the time of their church celebration,
    Cynthia was five months pregnant. Ariel claimed that Cynthia's
    behavior was no different even after their second rites. She continued
    to gossip and pick fights with their neighbors.

    Cynthia’s unfaithfulness were shown as follows:


     She had illicit affairs with Noli, their neighbor. Ariel forgave
    Cynthia but she showed no remorse. Noli was allegedly the father
    of their twins.
     Cynthia's second affair involved Louie, who was also their
    neighbor. Ariel testified that he discovered Louie hiding under
    their marital bed and wearing his pants only.

    Ariel filed a petition for declaration of nullity of marriage.

    To support his petition, Ariel secured the psychological evaluation of


    Dr. Arnulfo Lopez (Dr. Lopez). The result thereof shows that Ariel
    possesses an emotionally disturbed personality, but not severe enough
    to constitute psychological incapacity. Dr. Lopez likewise conducted an
    assessment on Cynthia; and the same revealed that Cynthia is
    suffering from Borderline Personality Disorder with Histrionic
    Personality Disorder Feature

    Issue:
    Whether or not the marriage between Ariel and Cynthia should be
    declared null on the basis of psychological incapacity under Article 36
    of the Family Code.

    Ruling:
    No, there is no sufficient basis to grant the nullity of the marriage
    under Article 36 of the Family Code.

    In this case, Ariel presented the medical assessment of Dr. Lopez who
    found that Cynthia is suffering from Borderline Personality
    Disorder with Histrionic Personality Disorder Features rooted on
    her disorderly filial relationship as she was subjected to physical abuse
    and abandonment. Such findings were based on the testimony of Ariel
    and their friends, Francisca Bilason (Bilason) and Ruben Kalaw

    However, this Court refuses to accept as credible the assessment


    of Dr. Lopez as there was no other evidence which established
    the juridical antecedence, gravity, and incurability of Cynthia's
    alleged incapacity. While jurisprudence recognizes the dispensability
    of personal examination of the party alleged to be suffering from
    psychological incapacity, it is but necessary to provide corroborative
    evidence to exhibit the required legal parameters

    The psychological report displayed that Bilason and Kalaw with the
    couple for more or less thirty years and their testimonies were the
    bases of the report. However, the report does not show that they
    have known Cynthia longer than such period of time so as to have
    personal knowledge of her circumstances. Neither was it shown
    that Ariel likewise had personal knowledge of Cynthia's family
    background. Thus, they could not have known Cynthia's childhood nor
    the manner as to how she was raised.

    Likewise, Cynthia's sexual infidelity is not a satisfactory proof of


    psychological incapacity. To be a ground to nullify a marriage based
    on Article 36 of the Family Code, it must be shown that the acts of
    unfaithfulness are manifestations of a disordered personality
    which makes him/her completely unable to discharge the
    essential obligations of marriage.

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