LEOUEL SANTOS, petitioner vs COURT OF APPEALS, defendant

GR No. 112019. January 4, 1995

Facts:

Leouel and Julia exchanged vows on September 20, 1986. A year after the marriage, the
couple when quarreling over a number of things including the interference of Julia’s
parents into their marital affairs. On May 18, 1998, Julia finally left for the United
States. Leouel was then unable to communicate with her for a period of five years and
she had then virtually abandoned their family. Leouel filed a case for nullity on the
ground of psychological incapacity. The Regional Trial Court dismissed the complaint
for lack of merit. The Court of Appeals affirmed the decision of the trial court.

Issue:

Whether or not the grounds of psychological incapacity in this case should be

appreciated.

Ruling:

The Supreme Court denied the petition. Psychological incapacity should refer to no less
than a mental (not physical) incapacity that causes a party to be truly incognitive of the
basic marital covenants that concomitantly must be assumed and discharged by the
parties to the marriage which, as so expressed by Article 68 of the Family Code, include
their mutual obligations to live together, observe love, respect and fidelity and
render help and support. The psychological condition must exist at the time the
marriage is celebrated and must be incurable. Mere abandonment cannot therefore
qualify as psychological incapacity on the part of Julia.