Choa v.

Choa
G.R. No. 1473376, 26 November 2002

FACTS:

Leni Choa and Alfonso Choa got married in 1981. They have 2 children
namely Cheryl Lynne and Albryan. In 1993, Alfonso filed an annulment of his
marriage to Leni. Afterwards, he filed an amended complaint for the
declaration of nullity of their marriage based on psychological incapacity. The
case went to trial and the trial court further held that Alfonso presented
quantum evidence that Leni needs to controvert for the dismissal of the
case.Alfonso claimed that Leni charged him with perjury, concubinage and
deportation which shows latter’s psychological incapacity because according
to him it clearly showed that his wife not only wanted him behind bars but also
to banish outside the country.

ISSUE:

Whether or not Alfonso Chua presented quantum evidence for the declaration
of nullity of his marriage with Leni on the ground of psychological incapacity.

RULING:

The court held that documents presented by Alfonso during the trial of the
case do not in any way show the alleged psychological incapacity of his wife.
The evidence was insufficient and shows grave abuse of discretion bordering
on absurdity. Alfonso testified and complained about three aspects of Leni’s
personality namely lack of attention to children, immaturity, and lack of an
intention of procreative sexuality and none of these three, singly or
collectively, constitutes psychological incapacity.

The law provides that: “Psychological incapacity must be characterized by (a)

juridical antecedence, (b) gravity and (c) incurability.” In the case at bar, the
evidence adduced by respondent merely shows that he and his wife could not
get along with each other. There was absolutely no showing of the gravity or
juridical antecedence or incurability of the problems besetting their marital
union.

Psychological incapacity must be characterized by gravity, juridical

antecedence, and incurability. It must be more than just a difficulty, a refusal
or neglect in the performance of marital obligations. A mere showing of
irreconcilable differences and conflicting personalities does not constitute
psychological incapacity.Furthermore, the testimonial evidence from other
witnesses failed to identify and prove root cause of the alleged psychological
incapacity.

It just established that the spouses had an incompatibility or a defect that

could possibly be treated or alleviated through psychotherapy. The totality of
evidence presented was completely insufficient to sustain a finding of
psychological incapacity more so without any medical, psychiatric or
psychological examination.