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    Mirasol v. Republic

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    DAVID JEROME
    Case Digest (Persons)

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Mirasol v. Republic

    Uploaded by

    DAVID JEROME
    3 views1 page
    Case Digest (Persons)

    Original Title

    MIRASOL V. REPUBLIC

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    © © All Rights Reserved

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    Case Digest (Persons)

    Copyright:

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

    Mirasol v. Republic

    Uploaded by

    DAVID JEROME
    Case Digest (Persons)

    Copyright:

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

    SECOND DIVISION

    [G.R. No. 214064. February 6, 2017.]

    MIRASOL CASTILLO, petitioner, vs. REPUBLIC OF THE PHILIPPINES and FELIPE IMPAS, respondents

    Facts: During their courtship, Mirasol discovered that Felipe sustained his affair with his former
    girlfriend. The couple's relationship turned tumultuous after the revelation. With the
    intervention of their parents, they reconciled. They got married in Bani, Pangasinan on April 22,
    1984 and were blessed with two (2) children born in 1992 and in 2001. On June 6, 2011, Mirasol
    filed a Complaint for declaration of nullity of marriage before the Regional Trial Court (RTC) of
    Dasmariñas, Cavite, Branch 90. Mirasol alleged that at the beginning, their union was
    harmonious prompting her to believe that the same was made in heaven. However, after
    thirteen (13) years of marriage, Felipe resumed philandering. Their relatives and friends saw him
    with different women. One time, she has just arrived from a trip and returned home to surprise
    her family. But to her consternation, she caught him in a compromising act with another woman.
    He did not bother to explain or apologize. Tired of her husband's infidelity, she left the conjugal
    dwelling and stopped any communication with him. Felipe's irresponsible acts like cohabiting
    with another woman, not communicating with her, and not supporting their children for a
    period of not less than ten (10) years without any reason, constitute a severe psychological
    disorder. In support of her case, Mirasol presented clinical psychologist Sheila Marie
    Montefalcon who, in her Psychological Evaluation Report, concluded that Felipe is
    psychologically incapacitated to fulfill the essential marital obligations. RTC ruled in favour of the
    petitioner. CA reversed the decision ruling that Mirasol failed to present sufficient evidence to
    prove that Felipe was suffering from psychological incapacity, thus, incapable of performing
    marital obligations due to some psychological illness existing at the time of the celebration of the
    marriage.

    Issue: whether or not the totality of evidence presented warrants, as the RTC determined, the
    declaration of nullity of the marriage of Mirasol and Felipe on the ground of the latter's
    psychological incapacity under Article 36 of the FC?

    Ruling: No. Psychological incapacity must be characterized by (a) gravity, i.e., it must be grave
    and serious such that the party would be incapable of carrying out the ordinary duties required
    in a marriage, (b) juridical antecedence, i.e., it must be rooted in the history of the party
    antedating the marriage, although the overt manifestations may emerge only after the marriage,
    and (c) incurability, i.e., it must be incurable, or even if it were otherwise, the cure would be
    beyond the means of the party involved. Findings on Felipe's personality profile did not emanate
    from a personal interview with the subject himself. Apart from the psychologist's opinion and
    petitioner's allegations, no other reliable evidence was cited to prove that Felipe's sexual
    infidelity was a manifestation of his alleged personality disorder, which is grave, deeply rooted,
    and incurable. We are not persuaded that the natal or supervening disabling factor which
    effectively incapacitated him from complying with his obligation to be faithful to his wife was
    medically or clinically established. Petition Denied.

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