HERNANDEZ V CA

FACTS:
Lucita Hernandez and her husband met at the Philippine Christian University where the
former was the latter’s professor for two consecutive semesters. Lucita is five years older than her
husband. They relationship grew and eventually they got married and had a child. Her husband
has been unemployed but continued to study for two more years. Lucita supported the family while
her husband continued studying. The first few years of their marriage were okay until it eventually
changed. Her husband was employed for a time but applied for an early retirement plan. He spent
his retirement plan in only four months through drinking spree with his friends and habitually
betting on cockfights. Lucita learned that her husband had an extra marital affair with a married
student but Lucita convinced her to end the relationship. He promised to end it but did not fulfill
it and left their conjugal home.
Her husband returned and Lucita accepted her once again. Things got worse when her
husband was again employed at Reynold Philippines, Inc. He engaged in extreme promiscuous
conduct and was infected with gonorrhea. Lucita was infected, too. Things never changed for her
husband as he has also beating Lucita and their child. Lucita was hospitalized due to this.
She filed for the declaration of the nullity of marriage on the ground of psychological
incapacity. The RTC denied the petition for she should have filed under Article 55 of the Family
Code and not of Article 36. The CA affirmed the decision.

ISSUES:
Is the husband psychologically incapacitated to fulfill his marital obligations?

FACTS:
Article 36 of the FC states that the psychological incapacity of the spouse must exist at the
time of the celebration of the marriage or after the solemnization. Lucita has failed to give proofs
to conclude that her husband is psychologically incapacitated.
Gambling, habitual drinking, and extra marital affairs are not manifestations per se of being
psychologically incapacitated. Article 36 of the Family Code requires that incapacity must be
psychological and not physical although the manifestations or symptoms are physical.
The petition should have been filed as legal separation and not nullity of marriage.