LIM V STA.
CRUS- LIM Complainant and respondent were
best friends and both graduated from the University of the
Philippines (UP) College of Law in 1990, where they were
part of a peer group or barkada with several of their
classmates. After passing the bar examinations and being
admitted as members of the Bar in 1991, they were both
registered with the IBP Quezon City.
exchange of pleadings between the parties, petitioner presented evidence
consisting testimony from a psychiatrist, Dr. Cecilia C. Villegas ; and
Maxima Adato, petitioner's co-employee in the distillery in addition
petitioner included the report result that the parties were suffering from
personality disorder
RTC declared the marriage - null and void as the two were psychologically
incapacitated to comply with the essential marital obligations. (ON THE
GROUND ART. 36))
ISSUE: WHETHER OR NOT THE MARRIAGE IS NULL AND VOID ON
THE GROUND THAT BOTH ARE PSYCHOLOGICAL
INCAPACITATED UNDER ARTICLE 36?
RULING: No. OSG appealed to CA disagreeing and questioning RTC’s
ruling and the said ordered had been reversed and set aside on March 25
2002
- ruling in Santos v. Court of Appeals cites 3 factors characterizing
psychological incapacity to perform the essential marital obligations:
(1) gravity, (2) juridical antecedence, (3) incurability. We expounded
on the foregoing, to wit:
- 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.
- It also states in Republic V CA, as the party alleging his own
psychological incapacity and that of his spouse, had the special
albatross to prove that he and his wife were suffering from "the most
serious cases of personality disorders clearly demonstrative of an
utter insensitivity or inability to give meaning and significance to the
marriage."
- Rather, Petitioner present petitioner presented the Psychiatric Report
of Dr. Villegas
- *READ THE REPORT OF PSYCHODYNAMICS OF THE CASE”
- The report and testimony of Dr. Villegas shows that she link
particular acts of the parties to the DSM IV's list of criteria for the
specific personality disorders but the results made by her where not
supported by any psychological test properly administered by
clinical psychologists specifically trained in the tests use and
interpretation.
- The said report of Dr. Villegas was made only after maximum of 7
hours of interview without any separate psychological test cannot tie
the hands of the trial court and prevent it from making its own
factual finding on what happened in this case.
- The probative force of the testimony of an expert does not lie in a
mere statement of his theory or opinion
- -instead in the assistance that he can render to the courts in showing
the facts that serve as a basis for his criterion and the reasons upon
which the logic of his report is founded.
- Petition denied. CA decision affirmed.
**notes: Hindi puede ung report kahit galling siya sa psychiatrist kasi ung results na galling sa
psychiatrist ay gawa lang sa paguusap nila nung parties wala kahit anong psychological test na
ginawa ung psychiatrist**
**Bakit bawal? The parties could fake their answer para magresult sila na psychological
incapacitated sila**
**Bakit bawal kahit galling lang na sa psychiatrist: there is possibility that they only
contracted the psychiatrist and the psychiatrist did not produce a results from a psychological
test that would help her to establish a good evidence that the parties is psychological
incapacitated**
PADILLA RUMBAUA V RUMBAUA
PETITIONER: Rowena Padilla-Rambaua
RESPONDENT: Edward Rumbaua
FACTS:
- Respondent and petitioner were childhood neighbors in Dupax del
Norte, Nueva Vizcaya. Sometime in 1987, they met again and
became sweethearts but Edward’s family did not approve of their
relationship. After graduation from college in 1991, Edward
promised to marry Rowena as soon as he found a job. The job came
in 1993, when the Philippine Air Lines (PAL) accepted Edward as a
computer engineer. Edward proposed to Rowena that they first have
a “secret marriage” in order not to antagonize his parents. Rowena
agreed; they were married in Manila on February 23, 1993. Rowena
and Edward, however, never lived together; Rowena stayed with her
sister in Fairview, Quezon City, while Edward lived with his parents
in Novaliches.
- They saw each other every day during the first 6 months of their
marriage. At that point, Edward refused to live with Rowena for fear
that public knowledge of their marriage would affect his application
for a PAL scholarship.
- Seven months into their marriage, the couple’s daily meetings
became occasional visits to Rowena’s house in Fairview; they would
have sexual trysts in motels. Later that year, Edward enrolled at
FEATI University after he lost his employment with PAL.
- In 1994, the parties’ respective families discovered their secret
marriage. Edward’s mother tried to convince him to go to the United
States, but he refused.
- To appease his mother, he continued living separately from Rowena.
Edward forgot to greet Rowena during her birthday in 1992 and
likewise failed to send her greeting cards on special occasions.
Edward indicated as well in his visa application that he was single.
- In April 1995, Edward’s mother died then he blamed Rowena,
associating his mother’s death to the pain that the discovery of his
secret marriage brought.
- Pained by Edward’s action, Rowena severed her relationship with
Edward. They eventually reconciled through the help of Rowena’s
father, although they still lived separately.
- In 1997, Edward informed Rowena that he had found a job in Davao.
A year later, Rowena and her mother went to Edward’s house in
Novaliches and found him cohabiting with one Cynthia Villanueva
(Cynthia).
- When she confronted Edward about it, he denied having an affair
with Cynthia. Rowena apparently did not believe Edwards and
moved to to Nueva Vizcaya to recover from the pain and anguish
that her discovery brought.
- Rowena filed a Petition for Declaration of Nullity of Marriage
against Edward. Aside from her oral testimony, the petitioner also
presented a certified true copy of their marriage contract; and the
testimony, curriculum vitae, and psychological report of clinical
psychologist Dr. Nedy Lorenzo Tayag (Dr. Tayag).
- Dr. Tayag declared on the witness stand that she administered the
following tests on Rowena:
a Revised Beta Examination;
a Bender Visual Motor Gestalt Test;
a Rorschach Psychodiagnostic Test;
a Draw a Person Test; a Sach’s Sentence Completion Test;
and MMPI.
- She thereafter prepared a psychological report with his findings.
According to his evaluation, the character traits of Edward reveal
him to suffer Narcissistic Personality Disorder – declared to be
grave, severe and incurable. However, at the end of his findings,
Dr. Tayag incorporated his personal idea about love.
- Love, according to him, means:
“Love happens to everyone. It is dubbed to be boundless as
it goes beyond the expectations people tagged with it. In love, “age
does matter.” People love in order to be secure that one will share
his/her life with another and that he/she will not die alone.
Individuals who are in love had the power to let love grow or let love
die – it is a choice one had to face when love is not the love he/she
expected.”
RTC nullified the marriage of Rowena and Edward.

The Republic, through the OSG, appealed the RTC decision to the CA. The
CA reversed and set aside the RTC decision, and denied the nullification of
the parties’ marriage.

In its ruling, the CA observed that Dr. Tayag’s psychiatric report did not
mention the cause of the Edward’s so-called “narcissistic personality
disorder;” it did not discuss the Edward’s childhood and thus failed to give
the court an insight into the Edward’s developmental years. Dr. Tayag
likewise failed to explain why she came to the conclusion that the Edward’s
incapacity was “deep-seated” and “incurable.”

Rowena then went up to the SC. Among her prayer is the remanding of the
case to the RTC for further reception of evidence. She argues that the
inadequacy of her evidence during the trial was the fault of her former
counsel, Atty. Richard Tabago, and asserts that remanding the case to the
RTC would allow her to cure the evidentiary insufficiencies.

ISSUE:

- WHETHER THE RTC ERRED IN RENDERING THE DECISION

- WHETHER DR’ TAYAG’S REPORT IS SUFFICIENT TO
NULLIFY THEIR MARRIAGE

RULING: