CASE DIGEST
Lim vs. Lim, G.R. No.
176464
February 24, 2010
THIRD DIVISION, NACHURA, J
Psychological
Incapacity of Any Party (Art. 36, Family Code)
In order for a marriage to be declared
null and void on the grounds of psychological incapacity, certain criteria of
gravity, juridical antecedence and incurability must be met.
Edward Lim and Maria Cheryl Sta. Cruz-Lim got married in 1979 after a brief courtship. They lived with Edward's family in Makati and had three children. Their marriage faced turmoil, including an embarrassing incident involving Edward and his mother’s caregiver. In 1990, Cheryl left Edward and filed a support case against him. In 1999, Edward sought the nullity of their marriage on the grounds of both parties' psychological incapacity. He later included his psychological incapacity in his amended petition. Dr. Cecilia Villegas, a psychiatrist, provided a psychiatric report diagnosing both parties with personality disorders, while Cheryl waived her right to present evidence.
Is the marriage between Edward and Cheryl null and void due to their psychological incapacity?
NO. The marriage is not null and void. Psychological incapacity for the
annulment of a marriage requires the incapacity to be grave, have juridical
antecedence, and be incurable. In this case, the psychiatric report presented
lacks specific links between the parties' acts and the criteria for the
diagnosed personality disorders. Additionally, the report was unsupported by
proper psychological tests. A judge must base rulings on law and jurisprudence,
and the expert opinion, unsupported by tests, cannot prevent the judge from
making factual findings. Therefore, the marriage remains valid.
Criterion of Psychological Incapacity:
2. Juridical Antecedence: The psychological incapacity should have existed prior to the marriage, although it may only become evident after the marriage has taken place.
3. Incurability: The psychological incapacity must be permanent and incurable. It should be deeply ingrained in the individual's personality structure and beyond the means of correction or treatment.
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