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JORDAN CHAN PAZ VS.

JEANICE PAVON PAZ



2010-02 l G.R. No. 166579

Petitioner: Jordan Chan Paz

Respondent: Jeanice Pavon Paz

FACTS:

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.

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