Brenda B. Marcos v.

Wilson Marcos
G.R. No. 13649, Oct. 19, 2000
3rd Division
FACTS: Petitioner Brenda Marcos and Respondent Wilson Marcos were married twice and had
five children. After the downfall of President Marcos, the respondent left the military service in
1987. Consequently, due to the respondents failure to engage in any gainful employment, they
would often quarrel and the respondent would hit and beat the petitioner. As a result, in 1992
they were already living separately. Thus, petitioner filed for annulment of marriage assailing
Art. 36 of the Family Code. The court a quo found the respondent to be psychologically
incapacitated to perform his marital obligations. However, the Court of Appeals reversed the
decision of the RTC because psychological incapacity had not been established by the totality of
the evidence presented.
ISSUE: Whether or not Respondent Wilson Marcos failure to find work to support his family
and his violent attitude towards Petitioner Brenda Marcos and their children constituted
psychological incapacity.
HELD: The court ruled the negative.
RATIONALE: The totality of the respondents acts does not lead to a conclusion of
psychological incapacity on his part. There is absolutely no showing that his defects were
already present at the inception of the marriage or that they are incurable. Article 36 of the
Family Code is not to be confused with a divorce law that cuts the marital bond at the time the
causes therefore manifest themselves. It refers to a serious psychological illness afflicting a party
even before the celebration of the 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.
POLICY: Psychological incapacity, as a ground for declaring the nullity of marriage, may be
established by the totality of evidence presented. There is no requirement, however that the
respondent should be examined by a physician or a psychologist as a condition sine qua non for
such declaration.