Case Digest: Santos v. CA

LEOUEL SANTOS, petitioner vs COURT OF APPEALS, defendant
GR No. 112019. January 4, 1995

Facts:

Leouel and Julia exchanged vows on September 20, 1986. A year after the marriage, the couple when quarreling over a number of things including the interference of Julia’s parents into their marital affairs. On May 18, 1998, Julia finally left for the United States. Leouel was then unable to communicate with her for a period of five years and she had then virtually abandoned their family. Leouel filed a case for nullity on the ground of psychological incapacity. The Regional Trial Court dismissed the complaint for lack of merit. The Court of Appeals affirmed the decision of the trial court.

Issue:

Whether or not the grounds of psychological incapacity in this case should be appreciated.

Ruling:

The Supreme Court denied the petition. Psychological incapacity should refer to no less than a mental (not physical) incapacity that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage which, as so expressed by Article 68 of the Family Code, include their mutual obligations to live together, observe love, respect and fidelity and render help and support. The psychological condition must exist at the time the marriage is celebrated and must be incurable. Mere abandonment cannot therefore qualify as psychological incapacity on the part of Julia.

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