You are on page 1of 1

Pesca v. Pesca, G.R. No.

136921, April 17, 2001
FACTS: The petitioner and respondent were married and had four children. Lorna f
iled a petition for declaration of nullity of their marriage on the ground of ps
ychological incapacity on the part of her husband. She alleged that he is emotio
nally immature and irresponsible. He was cruel and violent. He was a habitual dr
inker. Whenever she tells him to stop or at least minimize his drinking, her hus
band would hurt her. There was even a time when she was chased by a loaded shotg
un and threatened to kill her in the presence of their children. The children al
so suffered physical violence. Petitioner and their children left the home. Two
months later, they returned upon the promise of respondent to change. But he did
n t. She was battered again. Her husband was imprisoned for 11 days for slight phy
sical injuries. RTC declared their marriage null and void. CA reversed RTC s rulin
g. Hence, this petition.
ISSUE: W/N the guidelines for psychological incapacity in the case of Republic v
s CA & Molina should be taken in consideration in deciding in this case.
HELD: Yes. In the Molina case, guidelines were laid down by the SC before a case
would fall under the category of psychological incapacity to declare a marriage
null and void. This decision has force and effect of a law. These guidelines ar
e mandatory in nature. Petition denied.
The "doctrine of stare decisis," ordained in Article 8 of the Civil Code, expre
sses that judicial decisions applying or interpreting the law shall form part of
the legal system of the Philippines. The rule follows the settled legal maxim
egis interpretado legis vim obtinet
that the interpretation placed upon the writt
en law by a competent court has the force of law