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Case Digest!!!!
Case Digest!!!!
CRUS- LIM petitioner’s parents were also decreed to give a monthly support for the three
minor children in the amount of ₱34,000.00
Petitioner – Edward Lim
Respondent - Ma. Cheryl Sta. Cruz-Lim October 29, 1999, petitioner filed a petition & sought the declaration of
nullity of his marriage to respondent on the ground of the latter’s
FACTS: psychological incapacity under Article 36 of the Family Code.
1978 : Petitioner and Respondent met in 1978 in Cebu, Petitioner resides in 3 yrs after, July 22, 2002, petitioner filed an amended petition including an
allegation of his own psychological incapacity, as both he and respondent
Makati spent his sem break from college, at that time 26 yrs old. College
were diagnosed with personality disorders—dependent personality disorder
student and working in the family business, Respondent resides in Gingoog, and histrionic personality disorder.
Cagayan de Oro was a boarder in petitioner’s uncle house, was a secretarial
student after less than year of courtship, Following the exchange of pleadings between the parties, petitioner
presented evidence consisting testimony from a psychiatrist, Dr. Cecilia C.
two became sweetheart in early 1979, same year December 8, respondent Villegas ; and Maxima Adato, petitioner's co-employee in the distillery in
marry the petitioner, Cheryl bore Edward three children, respondents Lester addition petitioner included the report result that the parties were suffering
Edward, Candice Grace and Mariano III. Cheryl, Edward and their children from personality disorder
resided at the house of petitioners in Forbes Park, Makati City, together with
Edwards as to customary among those Chinese descents. RTC declared the marriage - null and void as the two were psychologically
incapacitated to comply with the essential marital obligations. (ON THE
During their stay in Forbes Park, all living expenses provided by petitioner’s GROUND ART. 36))
grandparents. Petitioner’s salary of ₱6,000.00 for working in the family
ISSUE: WHETHER OR NOT THE MARRIAGE IS NULL AND VOID ON
distillery went straight to respondent. Despite set up and living arrangement,
THE GROUND THAT BOTH ARE PSYCHOLOGICAL INCAPACITATED
they both continued to insist that they live separately and independently from UNDER ARTICLE 36?
petitioner’s family
RULING: No. OSG appealed to CA disagreeing and questioning RTC’s
In 1990, Cheryl abandoned the Forbes Park residence, bringing the children ruling and the said ordered had been reversed and set aside on March 25
with her (then all minors) and forcibly opened their cabinet and cleaned out 2002
the contents thereof, which included petitioner’s passport, jewelry, and a land
title in petitioner’s name, AFTER a violent confrontation with Edward whom - ruling in Santos v. Court of Appeals cites 3 factors characterizing
she caught with the in-house midwife of his grandmother in what the trial psychological incapacity to perform the essential marital obligations:
court described a very compromising situation. Respondent likewise filed a (1) gravity, (2) juridical antecedence, (3) incurability. We expounded
criminal complaint for Concubinage and Physical Injuries against petitioner on the foregoing, to wit:
which was eventually dismissed by the investigating prosecutor for lack of
- The incapacity must be grave or serious such that the party would be
merit. incapable of carrying out the ordinary duties required in marriage;
Cheryl, for herself and her children, sued petitioners, Edward, Chua Giak and
Mariano (defendants) in RTC for support. RTC ordered Edward to provide - it must be rooted in the history of the party antedating the marriage,
monthly support of P6,000 Thereafter, the trial court directed petitioner to although the overt manifestations may emerge only after the
give a monthly support of ₱6,000.00 and, in case of his inability to do so, marriage; and it must be incurable or, even if it were otherwise, the
cure would be beyond the means of the party involved.
- It also states in Republic V CA, as the party alleging his own test that would help her to establish a good evidence that the parties is psychological
psychological incapacity and that of his spouse, had the special incapacitated**
albatross to prove that he and his wife were suffering from "the most
serious cases of personality disorders clearly demonstrative of an
utter insensitivity or inability to give meaning and significance to the
marriage."