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The petitioner alleged that he was psychologically incapable of assuming the essential obligations of marriage. He had a tendency to lie about his whereabouts and had the habit of hanging out and spending a great deal of time with his friends. The totality of the evidence presented by Respondent failed to show that petitioner was psychologically incapacitated to comply with the essential marital obligations.
The petitioner alleged that he was psychologically incapable of assuming the essential obligations of marriage. He had a tendency to lie about his whereabouts and had the habit of hanging out and spending a great deal of time with his friends. The totality of the evidence presented by Respondent failed to show that petitioner was psychologically incapacitated to comply with the essential marital obligations.
The petitioner alleged that he was psychologically incapable of assuming the essential obligations of marriage. He had a tendency to lie about his whereabouts and had the habit of hanging out and spending a great deal of time with his friends. The totality of the evidence presented by Respondent failed to show that petitioner was psychologically incapacitated to comply with the essential marital obligations.
They were married in Civil and Church on July 3, 1997 and September 21, 1997 respectively. The petitioner alleged that he was psychologically incapable of assuming the essential obligations of marriage that was manifested by his uncontrollable tendency to be self-preoccupied and self indulgent, as well as his predisposition to become violent and abusive. He had a tendency to lie about his whereabouts and had the habit of hanging out and spending a great deal of time with his friends. He has not provided any financial support or visited their son since she left their conjugal home. Petitioner filed a motion for reconsideration while he admits that he failed to file a motion for reconsideration of the trial court's 13 May 2003 Decision, Jordan submits that Section 20 of A.M. No. 02-11-10-SC should not have been strictly applied against him because it took effect only on 15 March 2003, or less than two months prior to the rendition of the trial court's 13 May 2003 Decision.
ISSUES:
Whether or not Jordan is psychologically incapacitated to comply with the essential marital obligations?
HELD:
No. The totality of the evidence presented by Respondent failed to show that Petitioner was psychologically incapacitated to comply with the essential marital obligations and that such incapacity was grave, incurable, and existing at the time of the solemnization of their marriage. Petitioners alleged psychological incapacity was not shown to be so grave and so permanent as to deprive him of the awareness of the duties and responsibilities of the matrimonial bond.