Pesca vs. Pesca, G.R. No.

136921, April 17, 2001

Facts:
Lorna and Zosimo got married after the whirlwind of courtship while on board an
inter-island vessel to Bacolod. The union begot four children. Eventually, Zosimo
became cruel, violent, and a habitual drinker until one morning, Zosimo assaulted
Lorna where she submitted herself in the hospital which diagnosed her injuries as
contusions and abrasions. She used this to file a case against her husband and to
annul their marriage invoking psychological incapacity on part of the husband.
RTC declared her marriage void ab initio. CA reversed the ruling due to lack of
evidence of psychological incapacity according to the cases of Santos and Molina.
Lorna invoked that the ruling should only be a guide and have no retroactive
application and warrants further proceeding and not dismissal.

Issue:
WON Santos and Molina ruling have retroactive effect in the case in terms of
identifying the meaning of Psychological Incapacity?

Ruling:
YES, court decisions form part of the legal system of the Philippines.
The case of Santos shed light in the meaning of the psychological incapacity, and
the case of Molina strengthened such meaning. Psychological Incapacity should
refer to no less than mental, not physical, incapacity. The emotional immaturity
and irresponsibility assailed by the petitioner does not equate to psychological
incapacity.
The petition is denied. Marriage is valid and subsisting.