Professional Documents
Culture Documents
Lim V Sta. Crus-Lim
Lim V Sta. Crus-Lim
LIM V STA. CRUS- LIM court directed petitioner to give a monthly support of ₱6,000.00 and,
in case of his inability to do so, petitioner’s parents were also
Petitioner – Edward Lim decreed to give a monthly support for the three minor children in the
Respondent - Ma. Cheryl Sta. Cruz-Lim amount of ₱34,000.00
October 29, 1999, petitioner filed a petition & sought the declaration
FACTS: of nullity of his marriage to respondent on the ground of the latter’s
psychological incapacity under Article 36 of the Family Code.
1978 : Petitioner and Respondent met in 1978 in Cebu, Petitioner 3 yrs after, July 22, 2002, petitioner filed an amended petition
resides in Makati spent his sem break from college, at that time 26 including an allegation of his own psychological incapacity, as both
yrs old. College student and working in the family business, he and respondent were diagnosed with personality disorders—
Respondent resides in Gingoog, Cagayan de Oro was a boarder in dependent personality disorder and histrionic personality disorder.
Following the exchange of pleadings between the parties, petitioner
petitioner’s uncle house, was a secretarial student after less than
presented evidence consisting testimony from a psychiatrist, Dr.
year of courtship, Cecilia C. Villegas ; and Maxima Adato, petitioner's co-employee in
two became sweetheart in early 1979, same year December 8, the distillery in addition petitioner included the report result that the
respondent marry the petitioner, Cheryl bore Edward three children, parties were suffering from personality disorder
respondents Lester Edward, Candice Grace and Mariano III. Cheryl,
Edward and their children resided at the house of petitioners in RTC declared the marriage - null and void as the two were
Forbes Park, Makati City, together with Edwards as to customary psychologically incapacitated to comply with the essential marital
obligations. (ON THE GROUND ART. 36))
among those Chinese descents.
During their stay in Forbes Park, all living expenses provided by ISSUE: WHETHER OR NOT THE MARRIAGE IS NULL AND VOID ON
petitioner’s grandparents. Petitioner’s salary of ₱6,000.00 for THE GROUND THAT BOTH ARE PSYCHOLOGICAL
working in the family distillery went straight to respondent. Despite INCAPACITATED UNDER ARTICLE 36?
set up and living arrangement, they both continued to insist that they
live separately and independently from petitioner’s family RULING: No. OSG appealed to CA disagreeing and questioning RTC’s
In 1990, Cheryl abandoned the Forbes Park residence, bringing the ruling and the said ordered had been reversed and set aside on March 25
2002
children with her (then all minors) and forcibly opened their cabinet
and cleaned out the contents thereof, which included petitioner’s ruling in Santos v. Court of Appeals cites 3 factors characterizing
passport, jewelry, and a land title in petitioner’s name, AFTER a psychological incapacity to perform the essential marital obligations:
violent confrontation with Edward whom she caught with the in- (1) gravity, (2) juridical antecedence, (3) incurability. We expounded
house midwife of his grandmother in what the trial court described a on the foregoing, to wit:
very compromising situation. Respondent likewise filed a criminal The incapacity must be grave or serious such that the party would be
complaint for Concubinage and Physical Injuries against petitioner incapable of carrying out the ordinary duties required in marriage;
it must be rooted in the history of the party antedating the marriage,
which was eventually dismissed by the investigating prosecutor for
although the overt manifestations may emerge only after the
lack of merit. marriage; and it must be incurable or, even if it were otherwise, the
cure would be beyond the means of the party involved.
Cheryl, for herself and her children, sued petitioners, Edward, Chua It also states in Republic V CA, as the party alleging his own
Giak and Mariano (defendants) in RTC for support. RTC ordered psychological incapacity and that of his spouse, had the special
Edward to provide monthly support of P6,000 Thereafter, the trial albatross to prove that he and his wife were suffering from "the most
CRITERIA FOR PSYCHOLOGICAL DISORDERS
Pained by Edward’s action, Rowena severed her relationship with grow or let love die – it is a choice one had to face
Edward. They eventually reconciled through the help of Rowena’s when love is not the love he/she expected.”
father, although they still lived separately. RTC nullified the marriage of Rowena and Edward.
In 1997, Edward informed Rowena that he had found a job in Davao. CA reversed and set aside the RTC decision, and denied the
A year later, Rowena and her mother went to Edward’s house in nullification of the parties’ marriage.
Novaliches and found him cohabiting with one Cynthia Villanueva observed that Dr. Tayag’s psychiatric report did not mention the
(Cynthia). cause of the respondent’s so-called “narcissistic personality
When she confronted Edward about it, he denied having an affair disorder;” it did not discuss the respondent’s childhood and thus
with Cynthia. Rowena apparently did not believe Edwards and failed to give the court an insight into the respondent’s
moved to to Nueva Vizcaya to recover from the pain and anguish developmental years. Dr. Tayag likewise failed to explain why she
that her discovery brought. came to the conclusion that the respondent’s incapacity was “deep-
Rowena filed a Petition for Declaration of Nullity of Marriage seated” and “incurable.” Xxx
against Edward. Aside from her oral testimony, the petitioner also -The petitioner now argues :
presented a certified true copy of their marriage contract; and the the OSG certification requirement under Republic v. Molina cannot
testimony, curriculum vitae, and psychological report of clinical be dispensed with because A.M. No. 02-11-10-SC, which relaxed the
psychologist Dr. Nedy Lorenzo Tayag (Dr. Tayag). requirement, took effect only on March 15, 2003;
Dr. Tayag declared on the witness stand that she administered the vacating the decision of the courts a quo and remanding the case to
following tests on Rowena: the RTC to recall her expert witness and cure the defects in her
a Revised Beta Examination; testimony, as well as to present additional evidence, would temper
a Bender Visual Motor Gestalt Test; justice with mercy; and
a Rorschach Psychodiagnostic Test; Dr. Tayag’s testimony in court cured the deficiencies in her
a Draw a Person Test; a Sach’s Sentence Completion psychiatric report.
Test; -The petitioner prays that the RTC’s and the CA’s decisions be
and MMPI. reversed and set aside, and the case be remanded to the RTC for
She thereafter prepared a psychological report with his findings. further proceedings; in the event we cannot grant this prayer, that the
According to his evaluation, the character traits of Edward reveal CA’s decision be set aside and the RTC’s decision be reinstated.
him to suffer Narcissistic Personality Disorder – declared to be
grave, severe and incurable. However, at the end of his findings, ISSUE: WHETHER OR NOT INVALIDATING THE TRIAL COURT’S
Dr. Tayag incorporated his personal idea about love. DECISION AND REMANDING THE CASE FOR FURTHER
Love, according to him, means: PROCEEDINGS IS PROPER
“Love happens to everyone. It is dubbed to be
RULING: NO. We resolve to deny the petition for lack of merit.
boundless as it goes beyond the expectations people
tagged with it. In love, “age does matter.” People
love in order to be secure that one will share his/her
life with another and that he/she will not die alone. A.M. No. 02-11-10-SC is applicable
Individuals who are in love had the power to let love
CRITERIA FOR PSYCHOLOGICAL DISORDERS
1. In Molina, the Court emphasized the role of the prosecuting important is the presence of the prosecutor in the case, not the
attorney or fiscal and the OSG; they are to appear as counsel for remedial requirement that he be certified to be present. From
the State in proceedings for annulment and declaration of nullity this perspective, the petitioner’s objection regarding
of marriages: the Molina guideline on certification lacks merit.
a. (8) The trial court must order the prosecuting attorney or
fiscal and the Solicitor General to appear as counsel for A Remand of the Case to the RTC is Improper
the state. No decision shall be handed down unless the
Solicitor General issues a certification, which will be 4. A remand of the case to the RTC for further proceedings
quoted in the decision, briefly stating therein his amounts to the grant of a new trial that is not procedurally proper
reasons for his agreement or opposition, as the case at this stage.
may be, to the petition. The Solicitor General, along a. Section 1 of Rule 37 provides that an aggrieved party
with the prosecuting attorney, shall submit to the court may move the trial court to set aside a judgment or final
such certification within fifteen (15) days from the date order already rendered and to grant a new trial within
the case is deemed submitted for resolution of the court. the period for taking an appeal.
The Solicitor General shall discharge the equivalent b. In addition, a motion for new trial may be filed only on
function of the defensor vinculi contemplated under the grounds of (1) fraud, accident, mistake or excusable
Canon 1095. negligence that could not have been guarded against by
ordinary prudence, and by reason of which the aggrieved
2. The amendment introduced under A.M. No. 02-11-10- party’s rights have probably been impaired; or (2) newly
SC is procedural or remedial in character; it does not create or discovered evidence that, with reasonable diligence, the
remove any vested right, but only operates as a remedy in aid of aggrieved party could not have discovered and produced
or confirmation of already existing rights. The settled rule is that at the trial, and that would probably alter the result if
procedural laws may be given retroactive effect, as we held presented.
in De Los Santos v. Vda. de Mangubat:
a. Procedural Laws do not come within the legal 5. In the present case, the petitioner cites the inadequacy of the
conception of a retroactive law, or the general rule evidence presented by her former counsel as basis for a
against the retroactive operation of statues - they may be remand. She did not, however, specify the inadequacy. That the
given retroactiveeffect on actions pending and RTC granted the petition for declaration of nullity prima
undetermined at the time of their passage and this will facie shows that the petitioner’s counsel had not been negligent
not violate any right of a person who may feel that he is in handling the case. Granting arguendo that the petitioner’s
adversely affected, insomuch as there are no vested counsel had been negligent, the negligence that would justify a
rights in rules of procedure. new trial must be excusable, i.e. one that ordinary diligence and
3. A.M. No. 02-11-10-SC, as a remedial measure, removed the prudence could not have guarded against. The negligence that
mandatory nature of an OSG certification and may be applied the petitioner apparently adverts to is that cited in Uy v. First
retroactively to pending matters. In effect, the measure cures in Metro Integrated Steel Corporation where we explained:
any pending matter any procedural lapse on the certification a. Blunders and mistakes in the conduct of the proceedings
prior to its promulgation. Our rulings in Antonio v. Reyes in the trial court as a result of the ignorance,
and Navales v. Navales have since confirmed and clarified that inexperience or incompetence of counsel do not qualify
A.M. No. 02-11-10-SC has dispensed with the Molina guideline as a ground for new trial. If such were to be admitted as
on the matter of certification, although Article 48 mandates the valid reasons for re-opening cases, there would never be
appearance of the prosecuting attorney or fiscal to ensure that no an end to litigation so long as a new counsel could be
collusion between the parties would take place. Thus, what is employed to allege and show that the prior counsel had
CRITERIA FOR PSYCHOLOGICAL DISORDERS
6. Thus, we find no justifiable reason to grant the petitioner’s In an earlier decision promulgated by the supreme court, it
requested remand. dismissed the complaint for declaration of nullity of the marriage of
the parties upon finding that the petition had no merit.
Petitioner failed to establish the respondent’s psychological incapacity In the case, the petitioner failed to prove that his wife (respondent)
suffers from psychological incapacity. He presented the testimonies
- Dr. Tayag’s testimony shows that she initially described the general of two supposed expert witnesses who concluded that respondent is
characteristics of a person suffering from a narcissistic personality psychologically incapacitated, but the conclusions of these witnesses
disorder, she did not really show how and to what extent the were premised on the alleged acts or behavior of respondent which
respondent exhibited these traits. She mentioned the buzz words that had not been sufficiently proven. Petitioner’s experts heavily relied
jurisprudence requires for the nullity of a marriage – namely, on petitioner’s allegations of respondent’s constant mahjong
sessions, visits to the beauty parlor, going out with friends, adultery,
gravity, incurability, existence at the time of the marriage, and neglect of their children. Petitioner’s experts opined that
psychological incapacity relating to marriage – and in her own respondent’s alleged habits, when performed constantly to the
limited way, related these to the medical condition she generally detriment of quality and quantity of time devoted to her duties as
described. The testimony, together with her report, however, suffers mother and wife, constitute a psychological incapacity in the form of
from very basic flaws, she was not able to rove that the PI existed at NPD.
the time of the celebration of the marriage. Indeed, the totality of the evidence points to the opposite conclusion.
A fair assessment of the facts would show that respondent was not
WHEREFORE, in view of these considerations, we DENY the petition totally remiss and incapable of appreciating and performing her
and AFFIRM the decision and resolution of the Court of Appeals dated June marital and parental duties
the Court finds no factual basis for the conclusion of psychological
25, 2004and January 18, 2005, respectively, in CA-G.R. CV No. 75095.
incapacity. There is no error in the CA’s reversal of the trial court’s
ruling that there was psychological incapacity. Petition denied
In his Motion for Reconsideration, the petitioner implores the Court
to take a thorough 2nd look into what constitutes psychological
incapacity; to uphold the findings of the trial court as supported by
the testimonies of three expert witnesses; and consequently to find
that the respondent, if not both parties, were psychologically
incapacitated to perform their respective essential marital obligation.
basis for the declaration of the nullity of the marriage. subordinating their needs for parenting to the gratification of
Instead, we hold that said experts sufficiently and her own personal and escapist desires.
competently described the psychological incapacity of the o The respondent revealed her wanton disregard for her
respondent within the standards of Article 36 of the Family children’s moral and mental development. This disregard
Code. We uphold the conclusions reached by the two expert violated her duty as a parent to safeguard and protect her
witnesses because they were largely drawn from the case children.
records and affidavits, and should not anymore be disputed
after the RTC itself had accepted the veracity of the WHEREFORE, the Court GRANTS the Motion for Reconsideration;
petitioner’s factual premises. REVERSES and SETS ASIDE the decision promulgated on
September 19, 2011; and REINSTATES the decision rendered by the
o The Court also held that the courts must accord weight to Regional Trial Court declaring the marriage between the petitioner
expert testimony on the psychological and mental state of the and the respondent on November 4, 1976 as NULL AND VOID AB
parties in cases for the declaration of the nullity of JN/TIO due to the psychological incapacity of the parties pursuant to
marriages, for by the very nature of Article 36 of the Family Article 36 of the Family Code.
Code the courts, “despite having the primary task and
burden of decision-making, must not discount but, instead,
must consider as decisive evidence the expert opinion on
the psychological and mental temperaments of the parties.” MALLILIN v. JAMESOLAMIN
G.R. No. 192718
Willfully exposing children to gambling constitutes neglect of
parental duties Facts:
o The frequency of the respondent’s mahjong playing should Robert Malilin and Luz Jamesolamin were married on September 6,
not have delimited our determination of the presence 1972 and begot three children. The petitioner filed a complaint for
or absence of psychological incapacity. Instead, the nullity of marriage on the grounds that the respondent allegedly
determinant should be her obvious failure to fully appreciate suffered from psychological and mental incapacity at the time of the
the duties and responsibilities of parenthood at the time she marriage celebration, unpreparedness to enter into such marital life,
made her marital vows. Had she fully appreciated such and to comply with its essential obligations and responsibilities. .
duties and responsibilities, she would have known that Such incapacity became even more apparent during their marriage
bringing along her children of very tender ages to her when Luz exhibited clear manifestation of immaturity,
mahjong sessions would expose them to a culture of irresponsibility, deficiency of independent rational judgment, and
gambling and other vices that would erode their moral fiber. inability to cope with the heavy and oftentimes demanding obligation
Nonetheless, the long-term effects of the respondent’s of a parent.
obsessive mahjong playing surely impacted on her family
life, particularly on her very young children. He testified that Luz was already living in California, USA, and
o The fact that the respondent brought her children with her to married an American. While they were still together though, Robert
her mahjong sessions did not only point to her neglect of disclosed that respondent did not perform responsibilities of being a
parental duties, but also manifested her tendency to expose housewife like keeping the house in order, preparing meals, washing
them to a culture of gambling. Her willfully exposing her clothes and taking care of the children. He also stated that she dated
children to the culture of gambling on every occasion of her several men and contracted loans without his knowledge.
mahjong sessions was a very grave and serious act of
CRITERIA FOR PSYCHOLOGICAL DISORDERS
In turn Luz filed her answer with a counterclaim, averring that it was
Robert who manifested psychological incapacity. The petition is DENIED.
The Supreme Court stated that Robert’s evidence failed to establish The constitution describes marriage as “inviolable” while the
the psychological incapacity of Luz. Other than his self-serving law portrays it as a “permanent union.” Nevertheless, the state’s
testimony, no other witness corroborated his allegations on her interest in any and all marriages entered into by individuals
behavior. As the Court has repeatedly stressed, psychological should not amount to an unjustified intrusion into one’s right to
incapacity contemplates "downright incapacity or inability to take autonomy and human dignity.
cognizance of and to assume the basic marital obligations," not
merely the refusal, neglect or difficulty, much less ill will, on the part To end, it is a pure and simple cruelty to give the couple a false
of the errant spouse. status considering they now separated and living their own lives.
There was also nothing in the records that would indicate that Luz
had either been interviewed or was subjected to a psychological DIGNA A. NAJERA, petitioner,
examination.
vs. EDUARDO J. NAJERA, respondent
On interpretations given by the NAMT of the Catholic Church in the
Philippines, yes, they are given great respect by our courts, but they Facts:
are neither controlling nor decisive.
Petitioner filed with the RTC a verified Petition for Declaration of
Lastly, on petitions for declaration of nullity of marriage, the burden Nullity of Marriage with Alternative Prayer for Legal Separation,
of proof to show the nullity of marriage lies with the plaintiff. Unless with Application for Designation as Administrator Pendente Lite of
the evidence presented clearly reveals a situation where the parties, the Conjugal Partnership of Gains. Petitioner alleged that she and
or one of them, could not have validly entered into a marriage by respondent are residents of Bugallon, Pangasinan, but respondent is
reason of a grave and serious psychological illness existing at the presently living in the United States of America (U.S.A). They were
time it was celebrated, the Court is compelled to uphold the
married but are childless.
indissolubility of the marital tie.
CRITERIA FOR PSYCHOLOGICAL DISORDERS
Notes:
Ching avoided her by taking a long walk during siesta time or by just
Art. 36, FC. A marriage contracted by any party who, at the time of the celebration, was sleeping on a rocking chair located at the living room.
psychologically incapacitated to comply with the essential marital obligations of marriage, shall
likewise be void even if such incapacity becomes manifest only after its solemnization. (As They slept together in the same room and on the same bed since May
amended by EO No. 227) 22, 1988 (day of their marriage) until March 15, 1989 (ten months).
The guidelines in the interpretation and application of Article 36 of the FC requiring that “psychological
incapacity must be characterized by (a) gravity (b) juridical antecedence, and (c) incurability” do not require
that a physician examine the person to be declared psychologically incapacitated—what is important is the But during this period there was no attempt of sexual intercourse
presence of evidence that can adequately establish the party’s psychological condition.
between them. Gina claims that she did not even see her husband’s
Canon 1095. The following are incapable of contracting marriage: private parts nor did he see hers.
1. Those who lack sufficient use of reason;
2. Those who suffer from a grave lack of discretion of judgment concerning the essential
matrimonial rights and obligations to be mutually given and accepted;
3. Those who, because of causes of a psychological nature, are unable to assume the
Because of this, they submitted themselves for medical examinations
essential obligations of marriage. to Dr. Eufemio Macalalag. Results were that Gina is healthy, normal
and still a virgin while Ching’s examination was kept confidential up
CHI MING TSOI, petitioner, to this time.
vs. COURT OF APPEALS and GINA LAO-TSOI, respondents.
The Gina claims that her husband is impotent, a closet homosexual
as he did not show his penis. She said she had observed him using an
Facts: eyebrow pencil and sometimes the cleansing cream of his mother.
Ching married Gina on May 22, 1988 at the Manila Cathedral, She also said her husband only married her to acquire or maintain his
Intramuros, Manila as evidenced by their marriage contract. After the residency status here in the country and to publicly maintain the
celebration they had a reception and then proceeded to the house of appearance of a normal man
the Ching Ming Tsoi’s mother. There they slept together on the same
bed in the same room for the first night of their married life. Ching’s version: he claims that if their marriage shall be annulled by
reason of psychological incapacity, the fault lies with Gina. He does
Gina’s version: that contrary to her expectations that as newlyweds not want their marriage annulled for reasons of (1) that he loves her
they were supposed to enjoy making love that night of their very much (2) that he has no defect on his part and he is physically
marriage, or having sexual intercourse, with each other, Ching and psychologically capable (3) since the relationship is still very
however just went to bed, slept on one side and then turned his back
CRITERIA FOR PSYCHOLOGICAL DISORDERS
young and if there is any differences between the two of them, it can parties to fulfill this marital obligation is equivalent to
still be reconciled and that according to him, if either one of them psychologicalincapacity.
has some incapabilities, there is no certainty that this will not be
cured. While the law provides that the husband and the wife are
obliged to live together, observer mutual love, respect and
Ching admitted that since his marriage to Gina there was no sexual fidelity, the sanction therefore is actually the “spontaneous,
contact between them. But, the reason for this, according to the mutual affection between husband and wife and not any
defendant, was that everytime he wants to have sexual intercourse legal mandate or court order (Cuaderno vs. Cuaderno, 120
with his wife, she always avoided him and whenever he caresses her Phil. 1298). Love is useless unless it is shared with another.
private parts, she always removed his hands. Indeed, no man is an island, the cruelest act of a partner in
marriage is to say “I could not have cared less.” This is so
because an ungiven self is an unfulfilled self.
ISSUE: Whether or not Ching is psychologically incapacitated to comply The egoist has nothing but himself. In the natural order, it is
with the essential marital obligations of marriage sexual intimacy that brings spouses wholeness and oneness.
Sexual intimacy is a gift and a participation in the mystery of
creation. It is a function which enlivens the hope of
RULING:
procreation and ensures the continuation of family relations.
The Supreme Court held that the prolonged refusal of a
spouse to have sexual intercourse with his or her spouse is LEGAL DOCTRINE!!!!
considered a sign of psychological incapacity. If a spouse, *** this is an important legal case. In fact, it is a landmark case because it
although physically capable but simply refuses to perform laid down an important legal doctrine. In this case, the Supreme Court ruled
his or her essential marriage obligations, and the refusal is that refusal of one party to consummate the marriage is a sign of
senseless and constant, Catholic marriage tribunals attribute psychological incapacity and hence, a ground for declaration of nullity of
the causes to psychological incapacity than to stubborn marriage. Indeed, the Supreme Court declared the marriage between Chi
refusal. Ming Tsoi and his wife as null and void. Since it was proven that Chi Ming
Tsoi was not impotent, it was clear that he simply refused to have sex with
his wife. Thus, according the Supreme Court:
Senseless and protracted refusal is equivalent to
psychological incapacity. If a spouse, although physically capable but simply refuses to perform his or
her essential marriage obligations, and the refusal is senseless and constant,
One of the essential marital obligations under the Family Catholic marriage tribunals attribute the causes to psychological incapacity
Code is “to procreate children basedon the universal than to stubborn refusal. Senseless and protracted refusal is equivalent to
psychological incapacity. Thus, the prolonged refusal of a spouse to have
principle that procreation of children through sexual
sexual intercourse with his or her spouse is considered a sign of
cooperation is the basic end of marriage.” psychological incapacity.
Constant non-fulfillment of this obligation will finally Evidently, one of the essential marital obligations under the Family Code is
destroy the integrity or wholeness of the marriage. In the ‘to procreate children based on the universal principle that procreation of
children through sexual cooperation is the basic end of marriage.’ Constant
case at bar, the senseless and protracted refusal of one of the
CRITERIA FOR PSYCHOLOGICAL DISORDERS
While the law provides that the husband and the wife are obliged to live
together, observe mutual love, respect and fidelity, the sanction therefor is
actually the ‘spontaneous, mutual affection between husband and wife and
not any legal mandate or court order’. Love is useless unless it is shared
with another. Indeed, no man is an island, the cruelest act of a partner in
marriage is to say ‘I could not have cared less.’ This is so because an
ungiven self is an unfulfilled self. The egoist has nothing but himself. In the
natural order, it is sexual intimacy which brings spouses wholeness and
oneness. Sexual intimacy is a gift and a participation in the mystery of
creation. It is a function which enlivens the hope of procreation and ensures
the continuation of family relations.”