Matias vs. Dagdag, G.R. No.

109975, February 9, 2001

FACTS: Erlinda Matias filed a petition for judicial declaration of nullity of marriage to
Avelino Parangan on the ground of psychological incapacity under Art 36. He would
disappear for months & reappear. He wld force his wife to submit sexual intercourse & if
she refused, he wld inflict phy injuries. Erlinda learned that Avelino was imprisoned for
some crime & that he escaped from jail.
ISSUE: Shld the petition for judicial declaration of nullity of marriage on the ground of
psychological incapacity under Art 36 be granted.
HELD: NO. Erlinda failed to comply with guideline No. 2 which requires that the root
cause of psychological incapacity must be medically or clinically identified and sufficiently
proven by experts, since no psychiatrist or medical doctor testified as to the alleged
psychological incapacity of her husband. Further, the allegation that the husband is a
fugitive from justice was not sufficiently proven.