Professional Documents
Culture Documents
Vinas Vs Vinas
Vinas Vs Vinas
never impose any restrictions [upon] their children. Considering such fact, she
apparently failed to feel the love and affection of the nurturing figures that she
had[,] who were supposed to be the first to show concern [for] her. x x x She has
acquired a domineering character as she was not taught to have boundaries in her
actions because of the laxity she had from her caregivers and also because she
grew up to be the eldest in the brood. She sees to it that she is the one always
followed with regards to making decisions and always mandates people to submit to
her wishes. She has not acquired the very essence of morality [and] has certainly
learned set of unconstructive traits that further made her too futile to assume
mature roles. Morals and values were not instilled in her young mind that as she
went on with her life, she never learned to restrain herself from doing ill-advised
things even if she is amply aware of the depravity of her actions.
The psychological incapacity of [Mary Grace] is of a juridical antecedence as it was
already in her system even prior to the solemnization of her marriage with [Glenn].
x x x.13 (Underlining ours)
On February 18, 2009, Glenn filed before the RTC a Petition for the Declaration of
Nullity of his marriage with Mary Grace. Substituted service of summons was made
upon Mary Grace through her aunt, Susana Rosita. 14 Mary Grace filed no answer and
did not attend any of the proceedings before the RTC.
During the trial, the testimonies of Glenn, Dr. Tayag and Rodelito were offered as
evidence. Glenn and Rodelito described Mary Grace as outgoing, carefree, and
irresponsible. She is the exact opposite of Glenn, who is conservative and
preoccupied with his work.15 On her part, Dr. Tayag reiterated her findings in the
psychological report dated December 29, 2008.cralawred
Ruling of the RTC
On January 29, 2010, the RTC rendered its Decision 16 declaring the marriage
between Glenn and Mary Grace as null and void on account of the latters
psychological incapacity. The RTC cited the following as
grounds:ChanRoblesVirtualawlibrary
The totality of the evidence presented by [Glenn] warrants [the] grant of the
petition.
Reconciliation between the parties under the circumstances is nil. For the best
interest of the parties, it is best that the legal bond between them be severed.
The testimonies of [Glenn] and his witness [Rodelito] portray the miserable life
[Glenn] had with [Mary Grace] who is a Narcissistic Personality Disordered person
with anti[-]social traits and who does not treat him as her husband. [Glenn] and
[Mary Grace] are separated in fact since the year 2006. [Mary Grace] abandoned
[Glenn] without telling the latter where to go. x x x Had it not for the insistence of
[Glenn] that he would not know the whereabouts of his wife. The law provides that
[a] husband and [a] wife are obliged to live together, [and] observe mutual love,
respect and fidelity. x x x For all intents and purposes, however, [Mary Grace] was in
a quandary on what it really means. x x x.
From the testimony of [Glenn], it was established that [Mary Grace] failed to comply
with the basic marital obligations of mutual love, respect, mutual help and support.
[Glenn] tried his best to have their marriage saved but [Mary Grace] did not
cooperate with him. [Mary Grace] is x x x, unmindful of her marital obligations.
The Court has no reason to doubt the testimony of [Dr. Tayag], a clinical
psychologist with sufficient authority to speak on the subject of psychological
incapacity. She examined [Glenn], and was able to gather sufficient data and
information about [Mary Grace]. x x x This [Narcissistic] personality disorder of
[Mary Grace] is ingrained in her personality make-up, so grave and so permanent,
incurable and difficult to treat. It is conclusive that this personal incapacity leading
to psychological incapacity is already pre-existing before the marriage and was only
manifested after. It has become grave, permanent and incurable. 17 (Underlining ours
and italics in the original)
The Office of the Solicitor General (OSG) moved for reconsideration but it was
denied by the RTC in its Order18 dated December 1, 2010.cralawred
The Appeal of the OSG and the Ruling of the CA
On appeal before the CA, the OSG claimed that no competent evidence exist
proving that Mary Grace indeed suffers from a Narcissistic Personality Disorder,
which prevents her from fulfilling her marital obligations. Specifically, the RTC
decision failed to cite the root cause of Mary Graces disorder. Further, the RTC did
not state its own findings and merely relied on Dr. Tayags statements anent the
gravity and incurability of Mary Graces condition. The RTC resorted to mere
generalizations and conclusions sans details. Besides, what psychological incapacity
contemplates is downright incapacity to assume marital obligations. In the instant
case, irreconcilable differences, sexual infidelity, emotional immaturity and
irresponsibility were shown, but these do not warrant the grant of Glenns petition.
Mary Grace may be unwilling to assume her marital duties, but this does not
translate into a psychological illness. 19chanRoblesvirtualLawlibrary
Glenn, on the other hand, sought the dismissal of the OSGs appeal.
On January 29, 2013, the CA rendered the herein assailed decision reversing the
RTC ruling and declaring the marriage between Glenn and Mary Grace as valid and
subsisting. The CA stated the reasons below:ChanRoblesVirtualawlibrary
In Santos vs. Court of Appeals, the Supreme Court held that 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. There is hardly any doubt that 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 inability to
give meaning and significance to the marriage. This psychological condition must
exist at the time the marriage is celebrated. The psychological condition must be
characterized by (a) gravity, (b) juridical antecedence, and (c) incurability.
In the instant case, [Glenn] tried to prove that [Mary Grace] was carefree, outgoing,
immature, and irresponsible which made her unable to perform the essential
obligations of marriage. He likewise alleged that she refused to communicate with
him to save the marriage and eventually left him to work abroad. To Our mind, the
above actuations of [Mary Grace] do not make out a case of psychological
incapacity on her part.
While it is true that [Glenns] testimony was corroborated by [Dr. Tayag], a
psychologist who conducted a psychological examination on [Glenn], however, said
examination was conducted only on him and no evidence was shown that the
psychological incapacity of [Mary Grace] was characterized by gravity, juridical
antecedence, and incurability.
Certainly, the opinion of a psychologist would be of persuasive value in determining
the psychological incapacity of a person as she would be in the best position to
assess and evaluate the psychological condition of the couple, she being an expert
in this field of study of behavior. Although the psychologist stated that respondent
was suffering from Narcissistic Personality Disorder, she did not fully explain the
root cause of the disorder nor did she make a conclusion as to its gravity or
permanence. Moreover, she admitted that she was not able to examine the
respondent[,] hence, the information provided to her may be subjective and selfserving.
Essential in this petition is the allegation of the root cause of the spouses
psychological incapacity which should also be medically or clinically identified,
sufficiently proven by experts and clearly explained in the decision. The incapacity
must be proven to be existing at the time of the celebration of the marriage and
shown to be medically or clinically permanent or incurable. It must also be
grave enough to bring about the disability of the parties to assume the essential
obligations of marriage as set forth in Articles 68 to 71 and Articles 220 to 225 of
the Family Code and such non-complied marital obligations must similarly be
alleged in the petition, established by evidence and explained in the decision.
Unfortunately for [Glenn], the expert testimony of his witness did not establish the
root cause of the psychological incapacity of [Mary Grace] nor was such ground
alleged in the complaint. We reiterate the ruling of the Supreme Court on this score,
to wit: the root cause of the psychological incapacity must be: a) medically or
clinically identified; b) alleged in the complaint; c) sufficiently proven by experts;
and d) clearly explained in the decision.
Discoursing on this issue, the Supreme Court, in Republic of the Philippines vs.
Court of Appeals and Molina, has this to say:ChanRoblesVirtualawlibrary
Article 36 of the Family Code requires that the incapacity must be psychological
not physical, although its manifestations and/or symptoms may be physical. The
evidence must convince the court that the parties, or one of them, was mentally or
physically ill to such an extent that the person could not have known the obligations
he was assuming, or knowing them, could not have given valid assumption thereof.
Although no example of such incapacity need be given here so as not to limit the
application of the provision under the principle of ejusdem generis x x x[,]
nevertheless[,] such root cause must be identified as a psychological illness and its
incapacitating nature fully explained. Expert evidence may be given by qualified
psychiatrists and clinical psychologists.
The Supreme Court further went on to proclaim, that Article 36 of the Family Code
is not to be confused with a divorce law that cuts the marital bond at the time the
causes therefore manifest themselves. It refers to a serious psychological
illness afflicting a party even before the celebration of the marriage. It is a
malady so grave and permanent as to deprive one of awareness of the duties and
responsibilities of the matrimonial bond one is about to assume. 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.
From the foregoing, We cannot declare the dissolution of the marriage of the parties
for the obvious failure of [Glenn] to show that the alleged psychological incapacity
of [Mary Grace] is characterized by gravity, juridical antecedence and incurability;
and for his failure to observe the guidelines outlined in the afore-cited cases.
Verily, the burden of proof to show the nullity of the marriage belongs to [Glenn].
Any doubt should be resolved in favor of the existence and continuation of the
marriage and against its dissolution and nullity. This is rooted from the fact that
both our Constitution and our laws cherish the validity of marriage and unity of the
family.20 (Citations omitted, underlining ours and emphasis and italics in the original)
The CA, through the herein assailed Resolution 21 dated August 7, 2013, denied the
Motion for Reconsideration22 filed by Glenn.cralawred
Issue
Unperturbed, Glenn now raises before this Court the issue of whether or not
sufficient evidence exist justifying the RTCs declaration of nullity of his marriage
with Mary Grace.
In support thereof, Glenn points out that each petition for the declaration of nullity
of marriage should be judged according to its own set of facts, and not on the basis
of assumptions, predilections or generalizations. The RTC judge should painstakingly
examine the factual milieu, while the CA must refrain from substituting its own
judgment for that of the trial court. 23 Further, Glenn argues that in Marcos v.
Marcos,24 the Court ruled that it is not a sine qua non requirement for the
respondent spouse to be personally examined by a physician or psychologist before
a marriage could be declared as a nullity. 25 However, if the opinion of an expert is
sought, his or her testimony should be considered as decisive evidence. 26 Besides,
the findings of the trial court regarding the credibility of the witnesses should be
respected.27chanRoblesvirtualLawlibrary
In seeking the denial of the instant petition, the OSG emphasizes that the
arguments Glenn raise for our consideration are mere reiterations of the matters
already resolved by the CA.28chanRoblesvirtualLawlibrary
Ruling of the Court
The instant petition lacks merit.
The lack of personal examination or assessment of the respondent by a psychologist
or psychiatrist is not necessarily fatal in a petition for the declaration of nullity of
marriage. If the totality of evidence presented is enough to sustain a finding of
there arose a greater burden to present more convincing evidence to prove the
gravity, juridical antecedence and incurability of the formers condition. Glenn,
however, failed in this respect. Glenns testimony is wanting in material details.
Rodelito, on the other hand, is a blood relative of Glenn. Glenns statements are
hardly objective. Moreover, Glenn and Rodelito both referred to Mary Graces traits
and acts, which she exhibited during the marriage. Hence, there is nary a proof on
the antecedence of Mary Graces alleged incapacity. Glenn even testified that, six
months before they got married, they saw each other almost everyday. 32 Glenn saw
a loving[,] caring and well[-]educated person 33 in Mary Grace.
Anent Dr. Tayags assessment of Mary Graces condition, the Court finds the same
as unfounded. Rumbaua34 provides some guidelines on how the courts should
evaluate the testimonies of psychologists or psychiatrists in petitions for the
declaration of nullity of marriage, viz:ChanRoblesVirtualawlibrary
We cannot help but note that Dr. Tayags conclusions about the respondents
psychological incapacity were based on the information fed to her by only one side
the petitioner whose bias in favor of her cause cannot be doubted. While this
circumstance alone does not disqualify the psychologist for reasons of bias, her
report, testimony and conclusions deserve the application of a more rigid and
stringent set of standards in the manner we discussed above. For, effectively, Dr.
Tayag only diagnosed the respondent from the prism of a third party account; she
did not actually hear, see and evaluate the respondent and how he would have
reacted and responded to the doctors probes.
Dr. Tayag, in her report, merely summarized the petitioners narrations, and on this
basis characterized the respondent to be a self-centered, egocentric, and
unremorseful person who believes that the world revolves around him; and who
used love as adeceptive tactic for exploiting the confidence [petitioner] extended
towards him. x x x.
We find these observations and conclusions insufficiently in-depth and
comprehensive to warrant the conclusion that a psychological incapacity existed
that prevented the respondent from complying with the essential obligations of
marriage. It failed to identify the root cause of the respondents narcissistic
personality disorder and to prove that it existed at the inception of the marriage.
Neither did it explain the incapacitating nature of the alleged disorder, nor show
that the respondent was really incapable of fulfilling his duties due to some
incapacity of a psychological, not physical, nature. Thus, we cannot avoid but
conclude that Dr. Tayags conclusion in her Report i.e., that the respondent
suffered Narcissistic Personality Disorder with traces of Antisocial Personality
Disorder declared to be grave and incurable is an unfounded statement, not a
necessary inference from her previous characterization and portrayal of the
respondent. While the various tests administered on the petitioner could have been
used as a fair gauge to assess her own psychological condition, this same
statement cannot be made with respect to the respondents condition. To make
conclusions and generalizations on the respondents psychological condition based
on the information fed by only one side is, to our mind, not different from admitting
hearsay evidence as proof of the truthfulness of the content of such evidence.
xxxx
A careful reading of Dr. Tayags testimony reveals that she failed to establish the
fact that at the time the parties were married, respondent was already suffering
from a psychological defect that deprived him of the ability to assume the essential
duties and responsibilities of marriage. Neither did she adequately explain how she
came to the conclusion that respondents condition was grave and incurable. x x x
xxxx
First, what she medically described was not related or linked to the respondents
exact condition except in a very general way. In short, her testimony and report
were rich in generalities but disastrously short on particulars, most notably on how
the respondent can be said to be suffering from narcissistic personality disorder;
why and to what extent the disorder is grave and incurable; how and why it was
already present at the time of the marriage; and the effects of the disorder on the
respondents awareness of and his capability to undertake the duties and
responsibilities of marriage. All these are critical to the success of the petitioners
case.
Second, her testimony was short on factual basis for her diagnosis because it was
wholly based on what the petitioner related to her. x x x If a psychological disorder
can be proven by independent means, no reason exists why such independent proof
cannot be admitted and given credit. No such independent evidence, however,
appears on record to have been gathered in this case, particularly about the
respondents early life and associations, and about events on or about the time of
the marriage and immediately thereafter. Thus, the testimony and report appear to
us to be no more than a diagnosis that revolves around the one-sided and meagre
facts that the petitioner related, and were all slanted to support the conclusion that
a ground exists to justify the nullification of the marriage. We say this because only
the baser qualities of the respondents life were examined and given focus; none of
these qualities were weighed and balanced with the better qualities, such as his
focus on having a job, his determination to improve himself through studies, his
care and attention in the first six months of the marriage, among others. The
evidence fails to mention also what character and qualities the petitioner brought
into her marriage, for example, why the respondents family opposed the marriage
and what events led the respondent to blame the petitioner for the death of his
mother, if this allegation is at all correct. To be sure, these are important because
not a few marriages have failed, not because of psychological incapacity of either or
both of the spouses, but because of basic incompatibilities and marital
developments that do not amount to psychological incapacity. x x x.35 (Citations
omitted and underlining ours)
In the case at bar, Dr. Tayag made general references to Mary Graces status as the
eldest among her siblings,36 her fathers being an overseas contract worker and her
very tolerant mother, a housewife.37 These, however, are not sufficient to establish
and explain the supposed psychological incapacity of Mary Grace warranting the
declaration of the nullity of the couples marriage.
The Court understands the inherent difficulty attendant to obtaining the statements
of witnesses who can attest to the antecedence of a persons psychological
incapacity, but such difficulty does not exempt a petitioner from complying with
what the law requires. While the Court also commiserates with Glenns marital
woes, the totality of the evidence presented provides inadequate basis for the Court
to conclude that Mary Grace is indeed psychologically incapacitated to comply with
her obligations as Glenns spouse.
WHEREFORE, the instant petition is DENIED. The Decision dated January 29, 2013
and Resolution dated August 7, 2013 of the Court of Appeals in CA-G.R. CV No.
96448 are AFFIRMED.
SO ORDERED.cralawlawlibrary