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Lorna and Zosimo Pesca were married in 1975 and had four children together over the course of their marriage. However, Zosimo became violent and abusive, drinking heavily and physically assaulting both Lorna and their children on multiple occasions. In 1991, after a particularly brutal assault that left Lorna black and blue, she and the children left the marital home for good. Lorna filed for an annulment on the grounds of Zosimo's psychological incapacity, but both the Court of Appeals and Supreme Court ultimately disagreed, finding that emotional immaturity and irresponsibility did not constitute psychological incapacity in the eyes of the law.
Lorna and Zosimo Pesca were married in 1975 and had four children together over the course of their marriage. However, Zosimo became violent and abusive, drinking heavily and physically assaulting both Lorna and their children on multiple occasions. In 1991, after a particularly brutal assault that left Lorna black and blue, she and the children left the marital home for good. Lorna filed for an annulment on the grounds of Zosimo's psychological incapacity, but both the Court of Appeals and Supreme Court ultimately disagreed, finding that emotional immaturity and irresponsibility did not constitute psychological incapacity in the eyes of the law.
Lorna and Zosimo Pesca were married in 1975 and had four children together over the course of their marriage. However, Zosimo became violent and abusive, drinking heavily and physically assaulting both Lorna and their children on multiple occasions. In 1991, after a particularly brutal assault that left Lorna black and blue, she and the children left the marital home for good. Lorna filed for an annulment on the grounds of Zosimo's psychological incapacity, but both the Court of Appeals and Supreme Court ultimately disagreed, finding that emotional immaturity and irresponsibility did not constitute psychological incapacity in the eyes of the law.
Pesca, which was decided by the Philippine Supreme Court in
April 2001, is instructive. Lorna Pesca and Zosimo Pesca first met sometime in early 1975 while on board an inter-island vessel bound for Bacolod City. After a whirlwind courtship, they got married in March 1975. Initially, the young couple did not live together as Lorna was still a student, and Zosimo, a seaman, had to leave the country on board an oceangoing vessel barely a month after the marriage. After a few years the young couple were able to build their own house in Caloocan City. It was blissful marriage for the couple during the two months of the year that they could stay together, when Zosimo was on vacation. The union begot four children, 19-year old Ruhem, 17-year old Rez, 11-year old Ryan, and 9-year old Richie. It started in 1988, Lorna said, when she noticed that respondent surprisingly showed signs of psychological incapacity to perform his marital covenant. His true color of being an emotionally immature and irresponsible husband became apparent. He was cruel and violent. He was a habitual drinker, staying with friends daily from 4 in the afternoon until one oclock in the morning. When cautioned to stop or, to at least, minimize his drinking, respondent would beat, slap and kick her. At one time, he chased Lorna with a loaded shotgun and threatened to kill her in the presence of the children. The children themselves were not spared from physical violence. In November 1992, Lorna and her children left the conjugal abode to live in the house of her sister in Quezon City as they could no longer bear Zosimos violent ways. Two months later, Lorna decided to forgive Zosimo, and she returned home to give him another chance. But, to her dismay, things did not change for the better. Instead, matters became worse. On the morning of 22 March 1991, Zosimo assaulted Lorna for about half an hour in the presence of the children. She was battered black and blue. She submitted herself to medical examination at the QC General Hospital, which diagnosed her contusions and abrasions. Lorna filed a complaint with the barangay authorities, and a case was filed against Zosimo for slight physical injuries. He was convicted by the Coloocan Trial Court and was sentenced to eleven days imprisonment. After that last dreadful experience, Lorna and her children left the conjugal home for good. Lorna then filed for a declaration of nullity of their marriage invoking psychological incapacity. The trial court rendered a decision nullifying the marriage of Lorna and Zosimo on the basis of the psychological incapacity of Zosimo. The seaman appealed his case to the Court of Appeals and won. The Supreme Court reviewed the case and agreed with the Court of Appeals, upholding the position of Zosimo that he was not psychologically incapacitated. According to the Supreme Court, emotional immaturity and irresponsibility cannot be equated with psychological incapacity. The Supreme Court sympathized with the sad situation of Lorna, but did not allow the termination of her marriage, which the court said was an inviolable social institution and the foundation of the family.