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G.R. No.

112019
Santos vs. CA
January 4, 2005
Vitug
Consent Psychological Incapacity
Doctrine:
Pyschological incapacity must be characterized by (a) GRAVITY (b)
JURIDICAL ANTECEDENCE (c) INCURABILITY
Facts:
Leouel, a First Lieutenant in the Philippine Army, met Julia in Iloilo.
The two got married in 1986 before a municipal trial court followed
shortly thereafter, by a church wedding. The couple lived with
Julias parents at the J. Bedia Compound. Julia gave birth to a baby
boy in 1987 and was named as Leouel Santos Jr. Occasionally, the
couple will quarrel over a number of things aside from the
interference of Julias parents into their family affairs.
Julia left in 1988 to work in US as a nurse despite Leouels pleas to
dissuade her. Seven months after her departure, she called her
husband and promised to return home upon the expiration of her
contract in July 1989 but she never did. Leouel got a chance to visit
US where he underwent a training program under the AFP, he
desperately tried to locate or somehow get in touch with Julia but all
his efforts were of no avail.
Leouel filed a complaint to have their marriage declared void under
Article 36 of the Family Code. He argued that failure of Julia to
return home or to communicate with him for more than 5 years are
circumstances that show her being psychologically incapacitated to
enter into married life.
Issue:
Does the failure of Julia to return home, or at the very least to
communicate with him, for more than five years constitute
psychological incapacity?
Held&Ruling:
No.
The failure of Julia to return home or to communicate with her
husband Leouel for more than five years does not constitute
psychological incapacity. Psychological incapacity must be
characterized by (a) GRAVITY (b) JURIDICAL ANTECEDENCE (c)
INCURABILIT. 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 Art. 68 of the Family Code include their mutual


obligations to live together, observe love, respect and fidelity and
render help and support. The intendment of the law has been to
confine the meaning of PSYCHOLOGICAL INCAPACITY to the most
serious cases of personality disorders clearly demonstrative of an
utter insensitivity or inablity to give meaning and significance to the
marriage. This psychological condition must exist at the time the
marriage is celebrated. Undeniably and understandably, Leouel
stands aggrieved, even desperate, in his present situation.
Regrettably, neither law nor society itself can always provide all the
specific answers to every individual problem.

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