Facts:

•Petitioner Lorna Pesca and respondent Zosimo Pesca met on board an interisland vessel bound in
Bacolod and got married on March 3, 1975. Lorna was still a college and Zosimo was a seaman, so they
did not live together. But after 6 mons they fjnally lived together, jnitially in Q,C then permanently
reside in Caloocan.

•They have 4 children despite of bejng able to stay together for only 2 mons in a year (kaya alam niyo na
miss qng isat isa e 😀)

•then after 13 yrs si Zosimo nagpakita ng tunay na kulay. He became immature, emotional, habitual
drinker and induced physical abuse not only on Lorna but also on their kiddies.

•Due to thag changes of Zosimo, Lorna left their home together with their children for good, and
submitted herself to a medical evaluation and filed a complaint against her husband.

•The MeTc found Zosimo guilty and sentenced to 11 days of imprisonment.

•the Lorna filed a petition with the RTC to be declared null and void the marriage by invoking
psychological incapacity of her hubby.

•Nov. 15, 1995, the Rtc declared null and void ab initio their marriage due to Psychological Incapacity.

•But the CA reversed the decision of RTC on the basis that she failed to show a proof that Zosimo was
indeed suffering from psychological incapacity.

Issue:

Whether or not CA erred in applying the doctrine laid out in Santos v. CA, RP v. CA and Molina, and in
reversing the decision of the RTC declaring the marriage to be null and void ab intio.

Ruling:

Should have no retroactive application and, on the assumption that the Molina ruling coukd not be
retroactively, the guidelines therein outlined should be taken to be merely advisory and not mandatory
in nature. The CA did not err in its assailed decision for there is absolutely no evidence that has been
shown to prove psychological incapcity on the part of her husband as the term has been defined in
Santos.

•There is no merit •The petition is Denied. No costs. Because the petitioner failed, both in her
allegations in the complaint and in her evidence.