Scribd Logo
Upload

Welcome to Scribd!

  • 118 views

    Virgilio M. Bautista, Jr. V. Rosalina M. Soriano G.R NO. 243899 JUNE 10, 2019

    Uploaded by

    Rose Ann Lascuña

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content

    Virgilio M. Bautista, Jr. V. Rosalina M. Soriano G.R NO. 243899 JUNE 10, 2019

    Uploaded by

    Rose Ann Lascuña
    118 views2 pages

    Original Title

    Bautista v. Soriano

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    118 views2 pages

    Virgilio M. Bautista, Jr. V. Rosalina M. Soriano G.R NO. 243899 JUNE 10, 2019

    Uploaded by

    Rose Ann Lascuña

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 2

    VIRGILIO M. BAUTISTA, JR. V. ROSALINA M.

    SORIANO
    G.R NO. 243899
    JUNE 10, 2019

    WHAT ARE THE GUIDING PRINCIPLES OF THE COURT IN RENDERING A MARRIAGE VOID
    BASE ON THE GROUND PSYCHOLOGICAL INCAPACITY?

    The Court explained psychological incapacity as follows:

    "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.

    Further, " psychological incapacity pertains to the inability to understand the obligations
    of marriage, as opposed to a mere inability to comply with them.”

    Psychological incapacity must be characterized by (a) gravity, (b) juridical antecedence,


    and (c) incurability. Thereafter, in Molina, the Court laid down more definitive guidelines
    in the disposition of psychological incapacity cases, to wit:

    (1) Burden of proof to show the nullity of the marriage belongs to the plaintiff.

    (2) The root cause of the psychological incapacity must be: (a) medically or clinically
    identified, (b) alleged in the complaint, (c) sufficiently proven by expe1ts and (d) clearly
    explained in the decision.

    (3) The incapacity must be proven to be existing at "the time of the celebration" of the
    marriage.

    (4) Such incapacity must also be shown to be medically or clinically permanent or


    incurable.

    (5) Such illness must be grave enough to bring about the disability of the party to
    assume the essential obligations of marriage.
    (6) The essential marital obligations must be those embraced by Articles 68 up to 71 of
    the Family Code as regards the husband and wife, as well as Articles 220, 221 and 225 of
    the same Code in regard to parents and their children. Such non-complied marital
    obligation(s) must also be stated in the petition, proven by evidence and included in the
    text of the decision.

    (7) Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic
    Church in the Philippines, while not controlling or decisive, should be given great
    respect by our courts.

    (8) The trial court must order the prosecuting attorney or fiscal and the Solicitor General
    to appear as counsel for the state. No decision shall be handed down unless the Solicitor
    General issues a certification, which will be quoted in the decision, briefly stating therein
    his reasons for his agreement or opposition, as the case may be, to the petition.

    In sum, a person's psychological incapacity to comply with his or her essential


    obligations, as the case may be, in marriage must be rooted on a medically or clinically
    identifiable grave illness that is incurable and shown to have existed at the time of
    marriage, although the manifestations thereof may only be evident after marriage.

    Hence, failure to sufficiently prove the gravity, juridical antecedence or root cause, and
    incurability of his alleged psychological incapacity in accordance with the guidelines set
    forth, the court correctly denied the claim.

    You might also like