Leouel Santos vs Court of Appeals

G.R. No. 112019 January 4, 1995

FACTS:
On 20 September 1986, Leouel and Julia exchanged vows at the Municipal
Trial Court of Iloilo City.
Leouel and Julia lived with the latter's parents which resulted to occasional
fights over a number of other things, like when and where the couple should
start living independently from Julia's parents.
On 18 May 1988, Julia finally left for the United Sates of America to work as a
nurse despite Leouel's pleas.
Leouel visited the United States from 01 April up to 25 August 1990 and
desperately tried to locate, or to somehow get in touch with, Julia but all his
efforts were of no avail.
Leouel filed with the regional trial Court of Negros Oriental, Branch 30, a
complaint for "Voiding of marriage Under Article 36 of the Family Code".
Leouel asserted that due to Julias failure to return home or at least
communicate with him even with all his effort constitutes psychological
incapacity.
On 06 November 1991, the court a quo finally dismissed the complaint for
lack of merit.
ISSUE:
Whether or not the marriage is void under Article 36 of the Family Code
HELD:
The intendment of the law has been to confine the meaning of "psychological
incapacity" to the most serious cases of personality disorders clearly demonstrative
of an utter intensitivity or inability to give meaning and significance to the marriage.
This pschologic condition must exist at the time the marriage is celebrated.
Psychological incapacity must be characterized by (a) gravity, (b) juridical
antecedence, and (c) incurability. The incapacity must be grave or serious such that
the party would be incapable of carrying out the ordinary duties required in
marriage; it must be rooted in the history of the party antedating the marriage,
although the overt manifestations may emerge only after the marriage; and it must
be incurable or, even if it were otherwise, the cure would be beyond the means of
the party involved.
Petition denied.