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Navarro vs. Domagtoy

AM No. MTJ 96-1088, July 19, 1996
FACTS:
Municipal Mayor of Dapa, Surigao del Norte, Rodolfo G. Navarro filed a complaint on two specific acts committed by respondent
Municipal Circuit Trial Court Judge Hernando Domagtoy on the grounds of gross misconduct, ineffiency in offce and ignorance of the
law.
It was alleged that Domagtoy solemnized marriage of Gaspar Tagadan and Arlyn Borja on September 27, 1994 despite the knowledge
that the groom has a subsisting marriage with Ida Penaranda and that they are merely separated. It was told that Ida left their conjugal
home in Bukidnon and has not returned and been heard for almost seven years. The said judge likewise solemnize marriage of
Floriano Dadoy Sumaylo and Gemma G. del Rosario outside his courts jurisdiction on October 27, 1994. The judge holds his office and
has jurisdiction in the Municipal Circuit Trial Court of Sta Monica-Burgos, Surigao del Norte but he solemnized the said wedding at his
residence in the municipality of Dapa located 40 to 50 km away.
ISSUE: Whether or not the marriages solemnized were void.
HELD:
The court held that the marriage between Tagadan and Borja was void and bigamous there being a subsisting marriage between
Tagadan and Penaranda. Albeit, the latter was gone for seven years and the spouse had a well-founded belief that the absent spouse
was dead, Tagadan did not institute a summary proceeding as provided in the Civil Code for the declaration of presumptive death of the
absentee, without prejudice to the effect of reappearance of the absent spouse.
With regard to the marriage of Sumaylo and Del Rosario, the latter only made the written request where it should have been both parties
as stated in Article 8 of the Family Code. Their non-compliance did not invalidate their marriage however, Domagtoy may be held
administratively liable.
Ninal vs. Bayadog
328 SCRA 122
FACTS:
Pepito Ninal was married with Teodulfa Bellones on September 26, 1974. They had 3 children namely Babyline, Ingrid and Archie,
petitioners. Due to the shot inflicted by Pepito to Teodulfa, the latter died on April 24, 1985 leaving the children under the guardianship
of Engrace Ninal. 1 year and 8 months later, Pepito and Norma Badayog got married without any marriage license. They instituted an
affidavit stating that they had lived together for at least 5 years exempting from securing the marriage license. Pepito died in a car
accident on February 19, 1977. After his death, petitioners filed a petition for declaration of nullity of the marriage of Pepito and Norma
alleging that said marriage was void for lack of marriage license.
ISSUES:
1. Whether or not the second marriage of Pepito was void?
2. Whether or not the heirs of the deceased may file for the declaration of the nullity of Pepitos marriage after his death?
HELD:
The marriage of Pepito and Norma is void for absence of the marriage license. They cannot be exempted even though they instituted
an affidavit and claimed that they cohabit for at least 5 years because from the time of Pepitos first marriage was dissolved to the time
of his marriage with Norma, only about 20 months had elapsed. Albeit, Pepito and his first wife had separated in fact, and thereafter
both Pepito and Norma had started living with each other that has already lasted for five years, the fact remains that their five-year
period cohabitation was not the cohabitation contemplated by law. Hence, his marriage to Norma is still void.

Void marriages are deemed to have not taken place and cannot be the source of rights. It can be questioned even after the death of
one of the parties and any proper interested party may attack a void marriage.

DIGESTED
Republic vs. Orbecido
GR NO. 154380, October 5, 2005
FACTS:
Cipriano Orbecido III was married with Lady Myros Villanueva on May 24, 1981 at the United Church of Christ in the Philippines in
Ozamis City. They had a son and a daughter named Kristoffer and Kimberly, respectively. In 1986, the wife left for US bringing along
their son Kristoffer. A few years later, Orbecido discovered that his wife had been naturalized as an American citizen and learned from
his son that his wife sometime in 2000 had obtained a divorce decree and married a certain Stanley. He thereafter filed with the trial
court a petition for authority to remarry invoking Paragraph 2 of Article 26 of the Family Code.
ISSUE: Whether or not Orbecido can remarry under Article 26 of the Family Code.
HELD:
The court ruled that taking into consideration the legislative intent and applying the rule of reason, Article 26 Par.2 should be interpreted
to include cases involving parties who, at the time of the celebration of the marriage were Filipino citizens, but later on, one of them
becomes naturalized as a foreign citizen and obtains a divorce decree. The Filipino spouse should likewise be allowed to remarry as if
the other party were a foreigner at the time of the solemnization of the marriage.
Hence, the courts unanimous decision in holding Article 26 Par 2 be interpreted as allowing a Filipino citizen who has been divorced by
a spouse who had acquired a citizenship and remarried, also to remarry under Philippine law.

DIGESTED

Republic vs. Cagandahan

GR. No. 166676, September 12, 2008
FACTS:
Jennifer Cagandahan was registered as a female in her Certificate of Live Birth. During her childhood years, she suffered from clitoral
hypertrophy and was later on diagnosed that her ovarian structures had minimized. She likewise has no breast nor menstruation.
Subsequently, she was diagnosed of having Congenital Adrenal Hyperplasia (CAH), a condition where those afflicted possess
secondary male characteristics because of too much secretion of male hormones, androgen. According to her, for all interests and
appearances as well as in mind and emotion, she has become a male person. She filed a petition at RTC Laguna for Correction of
Entries in her Birth Certificate such that her gender or sex be changed to male and her first name be changed to Jeff.
ISSUE: WON correction of entries in her birth certificate should be granted.
HELD:
The Court considered the compassionate calls for recognition of the various degrees of intersex as variations which should not be
subject to outright denial. SC is of the view that where the person is biologically or naturally intersex the determining factor in his gender
classification would be what the individual, having reached the age of majority, with good reason thinks of his/her sex. As in this case,
respondent, thinks of himself as a male and considering that his body produces high levels of male hormones, there is preponderant
biological support for considering him as being a male. Sexual development in cases of intersex persons makes the gender
classification at birth inconclusive. It is at maturity that the gender of such persons, like respondent, is fixed.
G.R. No. 198780

October 16, 2013

REPUBLIC
vs.
LIBERTY D. ALBIOS, Respondent.

OF

THE

PHILIPPINES, Petitioner,

DECISION
MENDOZA, J.:
This is a petition for review on certiorari under Rule 45 of the Rules t of Court assailing the September 29, 2011 Decision 1 of the Court
of Appeals (CA), in CA-G.R. CV No. 95414, which affirmed the April 25, 2008Decision2 of the Regional Trial Court, Imus, Cavite (RTC).
declaring the marriage of Daniel Lee Fringer (Fringer) and respondent Liberty Albios (A/bios) as void from the beginning.
The facts
On October 22, 2004, Fringer, an American citizen, and Albios were married before Judge Ofelia I. Calo of the Metropolitan Trial Court,
Branch59, Mandaluyong City (MeTC), as evidenced by a Certificate of Marriage with Register No. 2004-1588.3
On December 6, 2006, Albios filed with the RTC a petition for declaration of nullity 4 of her marriage with Fringer. She alleged that
immediately after their marriage, they separated and never lived as husband and wife because they never really had any intention of
entering into a married state or complying with any of their essential marital obligations. She described their marriage as one made in
jest and, therefore, null and void ab initio .
Summons was served on Fringer but he did not file his answer. On September 13, 2007, Albios filed a motion to set case for pre-trial
and to admit her pre-trial brief. The RTC ordered the Assistant Provincial Prosecutor to conduct an investigation and determine the
existence of a collusion. On October 2, 2007, the Assistant Prosecutor complied and reported that she could not make a determination
for failure of both parties to appear at the scheduled investigation.
At the pre-trial, only Albios, her counsel and the prosecutor appeared. Fringer did not attend the hearing despite being duly notified of
the schedule. After the pre-trial, hearing on the merits ensued.
Ruling of the RTC
In its April 25, 2008 Decision,5 the RTC declared the marriage void ab initio, the dispositive portion of which reads:
WHEREFORE, premises considered, judgment is hereby rendered declaring the marriage of Liberty Albios and Daniel Lee Fringer as
void from the very beginning. As a necessary consequence of this pronouncement, petitioner shall cease using the surname of
respondent as she never acquired any right over it and so as to avoid a misimpression that she remains the wife of respondent.
xxxx
SO ORDERED.6
The RTC was of the view that the parties married each other for convenience only. Giving credence to the testimony of Albios, it stated
that she contracted Fringer to enter into a marriage to enable her to acquire American citizenship; that in consideration thereof, she
agreed to pay him the sum of $2,000.00; that after the ceremony, the parties went their separate ways; that Fringer returned to the
United States and never again communicated with her; and that, in turn, she did not pay him the $2,000.00 because he never
processed her petition for citizenship. The RTC, thus, ruled that when marriage was entered into for a purpose other than the
establishment of a conjugal and family life, such was a farce and should not be recognized from its inception.
Petitioner Republic of the Philippines, represented by the Office of the Solicitor General (OSG), filed a motion for reconsideration. The
RTC issued the Order, 7 dated February 5, 2009, denying the motion for want of merit. It explained that the marriage was declared void
because the parties failed to freely give their consent to the marriage as they had no intention to be legally bound by it and used it only
as a means to acquire American citizenship in consideration of $2,000.00.
Not in conformity, the OSG filed an appeal before the CA.
Ruling of the CA
In its assailed decision, dated September 29, 2011, the CA affirmed the RTC ruling which found that the essential requisite of consent
was lacking. The CA stated that the parties clearly did not understand the nature and consequence of getting married and that their case
was similar to a marriage in jest. It further explained that the parties never intended to enter into the marriage contract and never
intended to live as husband and wife or build a family. It concluded that their purpose was primarily for personal gain, that is, for Albios
to obtain foreign citizenship, and for Fringer, the consideration of $2,000.00.
Hence, this petition.
Assignment of Error
THE COURT OF APPEALS ERRED ON A QUESTION OF LAWWHEN IT HELD THAT A MARRIAGE CONTRACTED FOR
THEPURPOSE OF OBTAINING FOREIGN CITIZENSHIP WAS DONEIN JEST, HENCE, LACKING IN THE ESSENTIAL ELEMENT
OFCONSENT.8
The OSG argues that albeit the intention was for Albios to acquire American citizenship and for Fringer to be paid $2,000.00, both
parties freely gave their consent to the marriage, as they knowingly and willingly entered into that marriage and knew the benefits and
consequences of being bound by it. According to the OSG, consent should be distinguished from motive, the latter being
inconsequential to the validity of marriage.
The OSG also argues that the present case does not fall within the concept of a marriage in jest. The parties here intentionally
consented to enter into a real and valid marriage, for if it were otherwise, the purpose of Albios to acquire American citizenship would be
rendered futile.
On October 29, 2012, Albios filed her Comment9 to the petition, reiterating her stand that her marriage was similar to a marriage by way
of jest and, therefore, void from the beginning.
On March 22, 2013, the OSG filed its Reply10 reiterating its arguments in its petition for review on certiorari.
Ruling of the Court

The resolution of this case hinges on this sole question of law: Is a marriage, contracted for the sole purpose of acquiring American
citizenship in consideration of $2,000.00, void ab initio on the ground of lack of consent?
The Court resolves in the negative.
Before the Court delves into its ruling, It shall first examine the phenomenon of marriage fraud for the purposes of immigration.
Marriage Fraud in Immigration
The institution of marriage carries with it concomitant benefits. This has led to the development of marriage fraud for the sole purpose of
availing of particular benefits. In the United States, marriages where a couple marries only to achieve a particular purpose or acquire
specific benefits, have been referred to as "limited purpose" marriages.11 A common limited purpose marriage is one entered into solely
for the legitimization of a child.12 Another, which is the subject of the present case, is for immigration purposes. Immigration law is
usually concerned with the intention of the couple at the time of their marriage, 13 and it attempts to filter out those who use marriage
solely to achieve immigration status.14
In 1975, the seminal case of Bark v. Immigration and Naturalization Service,15 established the principal test for determining the
presence of marriage fraud in immigration cases. It ruled that a "marriage is a sham if the bride and groom did not intend to establish a
life together at the time they were married. "This standard was modified with the passage of the Immigration Marriage Fraud
Amendment of 1986 (IMFA), which now requires the couple to instead demonstrate that the marriage was not "entered into for the
purpose of evading the immigration laws of the United States." The focus, thus, shifted from determining the intention to establish a life
together, to determining the intention of evading immigration laws.16 It must be noted, however, that this standard is used purely for
immigration purposes and, therefore, does not purport to rule on the legal validity or existence of a marriage.
The question that then arises is whether a marriage declared as a sham or fraudulent for the limited purpose of immigration is also
legally void and in existent. The early cases on limited purpose marriages in the United States made no definitive ruling. In 1946, the
notable case of
United States v. Rubenstein17 was promulgated, wherein in order to allow an alien to stay in the country, the parties had agreed to
marry but not to live together and to obtain a divorce within six months. The Court, through Judge Learned Hand, ruled that a marriage
to convert temporary into permanent permission to stay in the country was not a marriage, there being no consent, to wit:
x x x But, that aside, Spitz and Sandler were never married at all. Mutual consent is necessary to every contract; and no matter what
forms or ceremonies the parties may go through indicating the contrary, they do not contract if they do not in fact assent, which may
always be proved. x x x Marriage is no exception to this rule: a marriage in jest is not a marriage at all. x x x It is quite true that a
marriage without subsequent consummation will be valid; but if the spouses agree to a marriage only for the sake of representing it as
such to the outside world and with the understanding that they will put an end to it as soon as it has served its purpose to deceive, they
have never really agreed to be married at all. They must assent to enter into the relation as it is ordinarily understood, and it is not
ordinarily understood as merely a pretence, or cover, to deceive others.18
(Italics supplied)
On the other end of the spectrum is the 1969 case of Mpiliris v. Hellenic Lines, 19 which declared as valid a marriage entered into solely
for the husband to gain entry to the United States, stating that a valid marriage could not be avoided "merely because the marriage was
entered into for a limited purpose."20 The 1980 immigration case of Matter of McKee,21 further recognized that a fraudulent or sham
marriage was intrinsically different from a non subsisting one.
Nullifying these limited purpose marriages for lack of consent has, therefore, been recognized as problematic. The problem being that in
order to obtain an immigration benefit, a legal marriage is first necessary.22 At present, United States courts have generally denied
annulments involving" limited purpose" marriages where a couple married only to achieve a particular purpose, and have upheld such
marriages as valid.23
The Court now turns to the case at hand.
Respondents marriage not void
In declaring the respondents marriage void, the RTC ruled that when a marriage was entered into for a purpose other than the
establishment of a conjugal and family life, such was a farce and should not be recognized from its inception. In its resolution denying
the OSGs motion for reconsideration, the RTC went on to explain that the marriage was declared void because the parties failed to
freely give their consent to the marriage as they had no intention to be legally bound by it and used it only as a means for the
respondent to acquire American citizenship. Agreeing with the RTC, the CA ruled that the essential requisite of consent was lacking. It
held that the parties clearly did not understand the nature and consequence of getting married. As in the Rubenstein case, the CA found
the marriage to be similar to a marriage in jest considering that the parties only entered into the marriage for the acquisition of American
citizenship in exchange of $2,000.00. They never intended to enter into a marriage contract and never intended to live as husband and
wife or build a family.
The CAs assailed decision was, therefore, grounded on the parties supposed lack of consent. Under Article 2 of the Family Code,
consent is an essential requisite of marriage. Article 4 of the same Code provides that the absence of any essential requisite shall
render a marriage void ab initio.
Under said Article 2, for consent to be valid, it must be (1) freely given and (2) made in the presence of a solemnizing officer. A "freely
given" consent requires that the contracting parties willingly and deliberately enter into the marriage. Consent must be real in the sense
that it is not vitiated nor rendered defective by any of the vices of consent under Articles45 and 46 of the Family Code, such as fraud,
force, intimidation, and undue influence.24Consent must also be conscious or intelligent, in that the parties must be capable of
intelligently understanding the nature of, and both the beneficial or unfavorable consequences of their act.25 Their understanding should
not be affected by insanity, intoxication, drugs, or hypnotism.26
Based on the above, consent was not lacking between Albios and Fringer. In fact, there was real consent because it was not vitiated nor
rendered defective by any vice of consent. Their consent was also conscious and intelligent as they understood the nature and the
beneficial and inconvenient consequences of their marriage, as nothing impaired their ability to do so. That their consent was freely
given is best evidenced by their conscious purpose of acquiring American citizenship through marriage. Such plainly demonstrates that
they willingly and deliberately contracted the marriage. There was a clear intention to enter into a real and valid marriage so as to fully

comply with the requirements of an application for citizenship. There was a full and complete understanding of the legal tie that would be
created between them, since it was that precise legal tie which was necessary to accomplish their goal.
In ruling that Albios marriage was void for lack of consent, the CA characterized such as akin to a marriage by way of jest. A marriage in
jest is a pretended marriage, legal in form but entered into as a joke, with no real intention of entering into the actual marriage status,
and with a clear understanding that the parties would not be bound. The ceremony is not followed by any conduct indicating a purpose
to enter into such a relation.27 It is a pretended marriage not intended to be real and with no intention to create any legal ties
whatsoever, hence, the absence of any genuine consent. Marriages in jest are void ab initio, not for vitiated, defective, or unintelligent
consent, but for a complete absence of consent. There is no genuine consent because the parties have absolutely no intention of being
bound in any way or for any purpose.
The respondents marriage is not at all analogous to a marriage in jest.1wphi1 Albios and Fringer had an undeniable intention to be
bound in order to create the very bond necessary to allow the respondent to acquire American citizenship. Only a genuine consent to be
married would allow them to further their objective, considering that only a valid marriage can properly support an application for
citizenship. There was, thus, an apparent intention to enter into the actual marriage status and to create a legal tie, albeit for a limited
purpose. Genuine consent was, therefore, clearly present.
The avowed purpose of marriage under Article 1 of the Family Code is for the couple to establish a conjugal and family life. The
possibility that the parties in a marriage might have no real intention to establish a life together is, however, insufficient to nullify a
marriage freely entered into in accordance with law. The same Article 1 provides that the nature, consequences, and incidents of
marriage are governed by law and not subject to stipulation. A marriage may, thus, only be declared void or voidable under the grounds
provided by law. There is no law that declares a marriage void if it is entered into for purposes other than what the Constitution or law
declares, such as the acquisition of foreign citizenship. Therefore, so long as all the essential and formal requisites prescribed by law
are present, and it is not void or voidable under the grounds provided by law, it shall be declared valid.28
Motives for entering into a marriage are varied and complex. The State does not and cannot dictate on the kind of life that a couple
chooses to lead. Any attempt to regulate their lifestyle would go into the realm of their right to privacy and would raise serious
constitutional questions.29 The right to marital privacy allows married couples to structure their marriages in almost any way they see fit,
to live together or live apart, to have children or no children, to love one another or not, and so on.30 Thus, marriages entered into for
other purposes, limited or otherwise, such as convenience, companionship, money, status, and title, provided that they comply with all
the legal requisites,31are equally valid. Love, though the ideal consideration in a marriage contract, is not the only valid cause for
marriage. Other considerations, not precluded by law, may validly support a marriage.
Although the Court views with disdain the respondents attempt to utilize marriage for dishonest purposes, It cannot declare the
marriage void. Hence, though the respondents marriage may be considered a sham or fraudulent for the purposes of immigration, it is
not void ab initio and continues to be valid and subsisting.
Neither can their marriage be considered voidable on the ground of fraud under Article 45 (3) of the Family Code. Only the
circumstances listed under Article 46 of the same Code may constitute fraud, namely, (1) non- disclosure of a previous conv1ctwn
involving moral turpitude; (2) concealment by the wife of a pregnancy by another man; (3) concealment of a sexually transmitted
disease; and (4) concealment of drug addiction, alcoholism, or homosexuality. No other misrepresentation or deceit shall constitute
fraud as a ground for an action to annul a marriage. Entering into a marriage for the sole purpose of evading immigration laws does not
qualify under any of the listed circumstances. Furthermore, under Article 47 (3), the ground of fraud may only be brought by the injured
or innocent party. In the present case, there is no injured party because Albios and Fringer both conspired to enter into the sham
marriage.
Albios has indeed made a mockery of the sacred institution of marriage. Allowing her marriage with Fringer to be declared void would
only further trivialize this inviolable institution. The Court cannot declare such a marriage void in the event the parties fail to qualify for
immigration benefits, after they have availed of its benefits, or simply have no further use for it. These unscrupulous individuals cannot
be allowed to use the courts as instruments in their fraudulent schemes. Albios already misused a judicial institution to enter into a
marriage of convenience; she should not be allowed to again abuse it to get herself out of an inconvenient situation.
No less than our Constitution declares that marriage, as an in violable social institution, is the foundation of the family and shall be
protected by the State.32 It must, therefore, be safeguarded from the whims and caprices of the contracting parties. This Court cannot
leave the impression that marriage may easily be entered into when it suits the needs of the parties, and just as easily nullified when no
longer needed.
WHEREFORE, the petition is GRANTED. The September 29, 2011 Decision of the Court of Appeals in CA-G.R. CV No. 95414 is
ANNULLED, and Civil Case No. 1134-06 is DISMISSED for utter lack of merit.
SO ORDERED.

Republic vs. CA and Molina

G.R. No. 108763 February 13, 1997
FACTS:
The case at bar challenges the decision of CA affirming the marriage of the respondent Roridel Molina to Reynaldo Molina void in the
ground of psychological incapacity. The couple got married in 1985, after a year, Reynaldo manifested signs of immaturity and
irresponsibility both as husband and a father preferring to spend more time with friends whom he squandered his money, depends on
his parents for aid and assistance and was never honest with his wife in regard to their finances. In 1986, the couple had an intense
quarrel and as a result their relationship was estranged. Roridel quit her work and went to live with her parents in Baguio City in 1987
and a few weeks later, Reynaldo left her and their child. Since then he abandoned them.
ISSUE: Whether or not the marriage is void on the ground of psychological incapacity.

HELD:
The marriage between Roridel and Reynaldo subsists and remains valid. What constitutes psychological incapacity is not mere
showing of irreconcilable differences and confliction personalities. It is indispensable that the parties must exhibit inclinations which
would not meet the essential marital responsibilites and duties due to some psychological illness. Reynaldos action at the time of the
marriage did not manifest such characteristics that would comprise grounds for psychological incapacity. The evidence shown by
Roridel merely showed that she and her husband cannot get along with each other and had not shown gravity of the problem neither its
juridical antecedence nor its incurability. In addition, the expert testimony by Dr Sison showed no incurable psychiatric disorder but only
incompatibility which is not considered as psychological incapacity.
The following are the guidelines as to the grounds of psychological incapacity laid set forth in this case:
burden of proof to show nullity belongs to the plaintiff
root causes of the incapacity must be medically and clinically inclined
such incapacity should be in existence at the time of the marriage
such incapacity must be grave so as to disable the person in complying with the essentials of marital obligations of marriage
such incapacity must be embraced in Art. 68-71 as well as Art 220, 221 and 225 of the Family Code
decision of the National Matrimonial Appellate Court or the Catholic Church must be respected
court shall order the prosecuting attorney and the fiscal assigned to it to act on behalf of the state.
Facts:
The case is a petition for review by the RP represented by the Office of the Solicitor General on certiorari praying for thereversal of the
decision of the CA dated July 30, 2001 affirming the judgment of the RTC declaring the marriage of Crasus L. Iyoy(respondent) and Ada
Rosal-Iyoy null and void based on Article 36.
On December 16, 1961 Crasus Iyoy and Ada Rosal-Iyoy married each other, they had 5 children. In 1984, Fely went to the US, inthe
same year she sent letters to Crasus asking him to sign divorce papers. In 1985, Crasus learned that Fely married an Americanand had
a child. Fely went back to the Philippines on several occasions, during one she attended the marriage of one of her children inwhich she
used her husbands last name as hers in the invitation.
March 25, 1997, Crasus filed a complaint for declaration of nullity alleging that Felys acts brought danger and dishonor to the family
and were manifestations of her psychological incapacity. Crasus submitted his testimony, the certification of the recording of their
marriage contract, and the invitation where Fely used her newhusbands last name as evidences.
Fely denied the claims and asserted that Crasus was a drunkard, womanizer, had no job, and thatsince 1988 she was already an
American citizen and not covered by our laws. The RTC found the evidences sufficient and granted thedecree; it was affirmed in the CA.
Issue:
Does abandonment and sexual infidelity per se constitute psychological incapacity?
Held:
The evidences presented by the respondent fail to establish psychological incapacity.
Furthermore, Article 36 contemplates downright incapacity or inability to take cognizance of and to assume the basic marital
obligations; not a mere refusal, neglect or difficulty, much less, ill will, on the part of the errant spouse. Irreconcilable differences,
conflicting personalities, emotional immaturity and irresponsibility, physical abuse, habitual alcoholism, sexual infidelity or perversion,
and abandonment, by themselves, also do not warrant a finding of psychological incapacity under the said Article.
Finally, Article 36 is not to be confused with a divorce law thatcuts the marital bond at the time the causes therefore manifest
themselves. It refers to a serious psychological illness afflicting aparty even before the celebration of marriage. It is a malady so grave
and so permanent as to deprive one of awareness of the duties and responsibilities of the matrimonial bond one is about to assume.
Te vs. Te
GR No. 161793, February 13, 2009

FACTS:
Petitioner Edward Te first met respondent Rowena Te in a gathering organized by the Filipino-Chinese association in their college.
Initially, he was attracted to Rowenas close friend but, as the latter already had a boyfriend, the young man decided to court Rowena,
which happened in January 1996. It was Rowena who asked that they elope but Edward refused bickering that he was young and
jobless. Her persistence, however, made him relent. They left Manila and sailed to Cebu that month; he, providing their travel money of
P80,000 and she, purchasing the boat ticket.
They decided to go back to Manila in April 1996. Rowena proceeded to her uncles house and Edward to his parents home. Eventually
they got married but without a marriage license. Edward was prohibited from getting out of the house unaccompanied and was
threatened by Rowena and her uncle. After a month, Edward escaped from the house, and stayed with his parents. Edwards parents
wanted them to stay at their house but Rowena refused and demanded that they have a separate abode. In June 1996, she said that it
was better for them to live separate lives and they then parted ways.

After four years in January 2000, Edward filed a petition for the annulment of his marriage to Rowena on the basis of the latters
psychological incapacity.
ISSUE: Whether the marriage contracted is void on the ground of psychological incapacity.
HELD:
The parties whirlwind relationship lasted more or less six months. They met in January 1996, eloped in March, exchanged marital vows
in May, and parted ways in June. The psychologist who provided expert testimony found both parties psychologically incapacitated.
Petitioners behavioral pattern falls under the classification of dependent personality disorder, and respondents, that of the narcissistic
and antisocial personality disorder
There is no requirement that the person to be declared psychologically incapacitated be personally examined by a physician, if the
totality of evidence presented is enough to sustain a finding of psychological incapacity. Verily, the evidence must show a link, medical
or the like, between the acts that manifest psychological incapacity and the psychological disorder itself.
The presentation of expert proof presupposes a thorough and in-depth assessment of the parties by the psychologist or expert, for a
conclusive diagnosis of a grave, severe and incurable presence of psychological incapacity.
Indeed, petitioner, afflicted with dependent personality disorder, cannot assume the essential marital obligations of living together,
observing love, respect and fidelity and rendering help and support, for he is unable to make everyday decisions without advice from
others, and allows others to make most of his important decisions (such as where to live). As clearly shown in this case, petitioner
followed everything dictated to him by the persons around him. He is insecure, weak and gullible, has no sense of his identity as a
person, has no cohesive self to speak of, and has no goals and clear direction in life.
As for the respondent, her being afflicted with antisocial personality disorder makes her unable to assume the essential marital
obligations on account for her disregard in the rights of others, her abuse, mistreatment and control of others without remorse, and her
tendency to blame others. Moreover, as shown in this case, respondent is impulsive and domineering; she had no qualms in
manipulating petitioner with her threats of blackmail and of committing suicide.
Both parties being afflicted with grave, severe and incurable psychological incapacity, the precipitous marriage that they contracted on
April 23, 1996 is thus, declared null and void.