OCHOA VS. ALANO
G.R. NO. 167459, January 26, 2011
FIRST DIVISION, LEONARDO-DE
CASTRO, J
Psychological
Incapacity of Any Party (Art. 36, Family Code)
Jose Reynaldo B. Ochosa sought the
nullity of his marriage to Bona J. Alano due to her psychological incapacity to
fulfill marital obligations. Bona had engaged in extramarital affairs
throughout their marriage, which continued even when they lived together. In
1987, while Jose was incarcerated, he confronted Bona about rumors of her
affair with his driver, which both admitted. They separated, and their child
lived with Bona until 1994 when she went to live with Jose. A psychiatrist's
evaluation concluded that Bona suffered from histrionic personality disorder,
which was attributed to her family history.
Whether Psychological Incapacity is clearly established
to declare marriage as null and void.
NO. The SC said that the totality of Bona’s acts did
not constitute psychological incapacity and that there was inadequate evidence
that her “defects” were already present at the inception or prior to the
marriage. The persistent sexual infidelity and abandonment are not badges of
psychological incapacity nor can’t it be traced to the inception of their marriage.
Therefore, her alleged psychological incapacity did not satisfy the requisite
of “juridical antecedence”. The evaluation report by Dr. Rondain was gathered
from Jose and witnesses. These was no personal exam conducted on the
respondent. The alleged spouse’s psychological incapacity was fed by only one
side, similar to hearsay.
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