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CHAPTER I

INTRODUCTION TO LEGAL RESEARCH

A. Legal Research, defined

In general, legal research is the process of finding the laws,
rules and regulations that govern activities in human society. It
involves locating both the laws and rules which are enforcedby the
State and the commentaries which explain or analyze these rules.
Legal research is also defined as the investigation for infor-
mation necessary to support legal decision making. Legal research
includes each step of a process that begins with analyzing the facts
of a problem and concludeswith applying and communicating the
results of the investigation.1

B. The Need for Legal Research

A lawyer is required to provide competent representation to a
client. Competent representation requires the legal knowledge,skill, ① ampentent
rip
,J thoroughness and preparation reasonably necessary for the repre- @ suits
,,•',, sentation. Clearly, a lawyer must be able to research the law to D
for

provide competent representation.2 Imp

,, I

In addition to requirements of professionalresponsibility,ques-

tions relating to competencyin legal research may arise in suits for
damages, arising from legal incompetence or claims for malicious
prosecution.3
The knowledge and ability to use fundamental legal research
tools and to implement an effective and efficient research plan

'Jacobstein, Mersky and Dunn, Legal Research Illustrated (6th ed.), Westbury,
New York, The Foundation Press, Inc., 1994, p. 1.
2ld.,
p. 14.
"Id.
 LEGAL RESEARCH INTRODUCTION TO LEGAL RESEARCH 3
2
legislative
actions /codes / statutes
decisions
judicial
must become part and parcel of every lawyer's training for him or 1. Primary Sources administrative law

her "to. provide competent representation and uphold the standards
of the legal profession.114
In 1992, a special task force of the American Bar Association
on law schools and the legal profession issued a report that stated
"[i]t can hardly be doubted that the ability to do legal research is
one of the skills that any competent practitioner must possess."
That report also stated: "[i]n order to conduct legal research effec-
①
tively, a lawyer should have a working knowledge of the nature of
legal rules and legal institutions,② the fundamental tools of legal
research, and⑦the process of devising and implementing a coherent
and effective research design. "5 ① knowledge of legal rules & institutions
research
@ fundamental tools of legal
C. Sources of Legal Research @ process of making & implementing
Primary sources of law are those recorded laws and rules
①
which will be enforced by the State. They may be found instatutes
passed by the legislature, ②regulations and rulings of administrative
agencies and①decisions of appellate.courts,"
In a primarily civil law jurisdiction like the Philippines, the
products of legislative actions, codes and statutes, are the first
major primary sources. Codes and statutes have come to govern an
even greater variety of human activity.
The second major category of primary sources is judicial deci-
sions. Our Philippine Supreme Court and Court of Appeals produce
decisions that constitute our case law.
a

research
coherent design
Legal research involves the use of a variety of printed and
electronic sources. The printed sources include the Constitution,
statutei; court decisions, administrative rules and scholarly com-
mentaries. Computer databases containing these and other materi-
als have dramatically changed the nature of legal research and
improved its effectiveness. They have not, however, eliminated its
complexities. The volume and variety of legal literature continues
to grow, making the researcher's choice of tools and tactics for each
areas
problem more difficult than ever. A thorough understanding of avail-
able legal resources, both published and computerized, is neces-
Our judicial system consists of a hierarchy of courts, including
a number of trial courts (RTC, MTC, MCTC), one intermediate
appellate court (CA), and a court of last resort, the Supreme Court.
This system incorporates the processes of appellate review, in which
higher courts review the decisions of lower courts, and judicial
review, in which courts determine the validity of legislative and
executive actions. quasi-judicial capacity
with their A third important p
primary source is administrative law, or the
← regulations and decisions of government agencies. State agencies
of
expertise
-s
promulgate regulations governing behavior within their areas of ex-
pertise. Agencies also act in a "quasi-judicial" capacity by conducting
i

I
sary. There are as many procedures as there are problems, and no hearings and issuing decisions to resolve particular disputes.9
single approach can work every time.6
2. Secondary Materials

II
D. Sources of Law
Legal sources differ in their relative authority. Some are bind-
ing; others are only persuasive in varying degrees; and some are only
useful as tools for finding other material. These variations require
that researchers make careful and critical evaluation of the sources
Publications which are not primary authority but which dis-
cuss or analyze legal doctrine are considered secondary materials.
These include treatises, commentaries, and encyclopedias. Some of
the most influential legal writings are found in the academic jour-
nals known as law reviews of law schools, or in publications like

i
i

they study. Whether researching by book or by computer, one must the IBP Journal and the Lawyers Review. Secondary materials
be familiar with the three broad categories of legal literature: (a) vary widely in purpose and quality, ranging from authoritative
primary sources; (b) secondary materials; and (c) finding tools.7
i treatises by great academic scholars to superficial tracts by hack
writers. The best of these works such as the Civil Code of the

l
~ Philippines by Arturo M. Tolentino and Remedial Law Compen-
4ld.
n«, p. 13.
6 Cohen and Olson, Legal Research In a Nutshell, St. Paul, Minn., West Pub-
lishing Co, 1992, p. 2. ld.,
8 p. 3.
qT J - A
4 LEGAL RESEARCH

dium by Florenz D. Regalado have a persuasive influence on the

lawmaking process by virtue of the prestige of their authors or the
quality of their scholarship. Secondary sources can help analyze a
problem and provide research references to both①primary sources ~
~ CHAPTER 2
and other secondary materials, 10
②
Finding appropriate secondary materials is most often accom- THE LEGAL RESEARCH PROCESS
plished through the use of law library catalogs, legal periodical
indexes, and other bibliographic aids. In addition, court decisions
and other secondary sources frequently provide citations to persua-
sive treatises and law review articles." A. Systematic Approach to Legal Research

3. Finding Tools I In order to solve legal problems accurately and comprehen-

Ii
sively, there must be a systematic approach to legal research. Four
Our legislative, executive and judicial branches of government basic steps are recommended, namely:
IFRU
have been enacting and promulgating codes, statutes, rules, regu-
1. Identify and analyze the significant facts.
lations and court decisions and these have grown into a large body
of law. The researcher therefore needs search materials or finding 2. Formulate the legal issues to be researched.
tools in order to locate these legal sources. Without a topical ap-
proach to legal sources, researchers could not find existing statutes
I 3. Research the issues presented.

I
or decisions on point.12 4. Update.15

A varied group of finding tools provides such access. Digests

reprint headnotes summarizing points of law from court decisions
in a subject classification and annotations summarize cases on par-
ticular topics. The SCRA Quick Index-Digest is one finding tool
available to the legal researcher. PHIL.JURIS and LEX LIBRIS,
two comprehensive and competing computer-based legal research
systems, provide the capability to search for cases and other docu-
ments by using practically any word or combination of words.13
Finding tools do not persuade, nor do they themselves have
any primary or persuasive authority. Finding tools are only a means
for locating primary sources. It is then necessary to read those
primary sources to determine their applicability to a particular
situation. In legal research, as in other aspects of the lawyer's
work, one must employ a highly developed sense of relevance - a
keen appreciation of which sources are legally and factually rel-
evant to the specific inquiry.14
1. Identify and Analyze the Significant Facts
The first task is to identify and analyze the facts surrounding
the particular problem. Some facts have legal significance; others
do not. The process of legal research begins with compiling a de-
scriptive statement of legally significant facts. Factual analysis is
the first step in formulating the legal issues to be researched. 16
The TARP Rule is a useful technique to analyze your facts
according to the following factors:
T - Thing or subject matter;
A - Cause of action or group of defense;
R - Relief sought;
P - Persons or parties involved.17

10Jd., p. 6. 1 sJacobstein, op. cit, p. 15.

ll[d.
16Td., p. 16.
12Jd., p. 5. 17Jd.
13Jd.
6 LEGAL RESEARCH
The thing or subject matter in a problem or controversy may
be ~ significant element. For example, when a party claims that
there if? a violation of the terms of a contract, the contract becomes
an essential fact in the dispute.
The next thing to be done is to identify the claim or cause of
action of the plaintiff and the defense that might be put up by the
defendant. In a dispute over a contract, the cause of action may be
breach of contract.
What is the relief sought? It might be a civil action for dam-
ages to answer for the injury caused by the breach of the contract
or an action for specific performance to compel the other party to
perform a specific act as mandated in the contract or to enjoin the
other party from doing a specific act probably in violation of the
contract.
The parties or persons might be individuals, or might be a
group that is significant to the solution of the problem or the out-
come of the lawsuit. Similarly, the relationship between the par-
ties, _ .such as exists between lessor or lessee in a contract of lease
will be of special importance to the case."
2. Formulate the Legal Issues to be Researched
This is the initial intellectual activity that presumes some
knowledge of the substantive law. The goal is to classify or catego-
rize the problem into general, and increasingly specific, subject
areas and to begin to hypothesize legal issues.19
Consult general secondary sources for an overview of all rel-
evant subject areas. In the example above, if the legal issue in-
volves a violation of a contract, the research could start by reading
the textbooks or treatises on obligations and contracts by noted
authorities. At this stage, these secondary sources are used to pro-
vide background information and to help you formulate issues; they
are the tools, not the objects of research. 20
Writing a clear, concise statement of each legal issue raised by
the significant facts is an important and difficult task.21
18/d., p. 17.
19/d.
20/d.
21/d.
THE LEGAL RESEARCH PROCESS 7
Once statements of the issues have been drafted, they should
be arranged in a logical pattern to form an outline. Logically, re-
lated issues may be combined as sub-issues under a broader main
issue.22
3. Research the Issues Presented
After the facts have been analyzed and the issues have been
framed, it is time to begin researching the first issue. 23
a. Organize and Plan. Good legal researchers, as a rule, are
systematic, methodical, and organized; and they keep good records.
For each issue, it is important to decide which sources to use, which
sources not to use, and the order in which sources should be exam-
ined. The best practice is to write down all sources to be searched
under each issue to be researched, even if sources are repeated.24
b. Identify, Read, and Update All Relevant Constitutional
Provisions, Statutes, and Administrative Regulations. These pri-
mary sources can be identified in several ways.25
'
Statutory Compilations. Statutory compilations almost always
have tables of contents and indexes that list the subjects and topics
covered by the statutes. Because relevant statutory provisions are
often found in several places in the compiled statutes, consult both
the table of contents and the index. 26
Computer-Assisted Legal Research. The Constitution, statutes
and administrative regulations are available on PHILJURIS and
LEX LIBRIS. It is possible to search the full text of these docu-
ments for statutes and regulations that apply to your problem.
Secondary Sources. Secondary sources such as treatises and
commentaries and law review articles, commonly cite relevant con-
stitutional provisions, statutes, and administrative regulations.27
c. Identify, Read, and Update All Relevant Case Law. After
identifying and reading the relevant constitutional provisions, stat-
utes and administrative regulations, you must identify, read, and
22/d.
23/d., p. 18.
'IA[d.
25/d., p. 19.
26/d.
8 LEGAL RESEARCH
update the case law that has interpreted and applied those forms
of enacted law, as well as other case law that is relevant to your
fact situation. 28 ·
Do not limit your search to cases that support your position. A
competent researcher will anticipate both sides of an argument
and identify the cases that indicate contrary conclusions."
Treatises and commentaries on the codes and statutes cites
cases that interpret the statutes they discuss. As to computer as-
sisted legal research, both Philjuris and Lex Libris can be searched
for cases that have cited the statute."
After identifying the relevant cases, as you read and brief or
digest each case, be sure to note its full citation,? the ponente of the
decision, the date of the decision, the relevant facts, the holding, a
summary of the court's reasoning, and the sources cited by the
court. Each of the sources cited should be read and briefed and new
cases should be added to your list. Each case you brief should be
incorporated into your outline.31
I
d. Refine the Search. After you have identified, read, and
organized the primary sources, go to secondary sources to refine
the search and expand your argument. If the problem involves a
statute, the legislative history might suggest the legislature's in-
tent in passing the act and the problem the law was intended to
'
remedy. Historical, social, economic, and political information can
put legal arguments in their proper context and can support policy
arguments.32
4. Update
Law changes constantly. Our Congress passes new statutes
and modify old ones. Our Supreme Court either refines the law or
reaffirms the law or even changes the interpretation of the law.
Consult the Philjuris or Lex Libris to determine whether the au-
thorities have been interpreted or altered in any way, or whether
new cases, statutes or regulations have been published."
28/d.
I
29/d.
30/d.
31/d.,
p. 20.
32/d.,
pp. 20 and 21.
CHAPTER 3
FUNDAMENTAL RESEARCH SKILL:
CASE BRIEFING AND SYNTHESIS OF CASES
As stated in the previous chapter, the other important steps
in legal research are to identify the relevant cases, read them and
then brief or digest each case. When there are many cases relevant
to the problem, you must relate the cases to each other, that is,
synthesize them.
A. Case Briefing
A law school case brief is a student's digest or condensation of
a reported case. There is no one "correct"form for a case brief since
it is a document that is created to meet the student's needs, i.e., to
serve as a reference in class and, together with class notes, the
major tools of course review at the end of the semester.
Most important is to keep your brief brief. Keep your sum-
mary of the court's reasoning to a useful length, but don't
shortchange the facts. When the case deals with statutes, it may be
helpful to quote key words from the statute verbatim.
The typical components of a case brief case are:
1. Facts
The facts describe the events between the parties leading to
the litigation and tell how the case came before the court that is
now deciding it. Include those facts that are relevant to the issue
the court must decide and to the reasons for its decision. You will
not know which facts are relevant until you know what the issue or
issues are. For example, if the issue is whether there is psychologi-
cal incapacity under Article 36 of the Family Code of the Philip-
pines, relevant facts include the fact of marriage and the acts of
the spouse constituting psychological incapacity to comply with the
essential marital obligations.

10 LEGAL RESEARCH
①
You should also state who the plaintiff and defendant are the
② the time of the celebration, was psychologically incapacitated
pi for the plainti!f's suit, and③the relief the plaintiff is seeking.
bas~s.
Also include the rulmg of the Regional Trial Court on the case and
whether the Court of Appeals affirmed or reversed the decision.
2. lssue(s)
~he issue is the question that the court must decide to resolve
~he dispute between the parties in the case before it. To find the
issue, you have to identify the rule of law that governs the dispute
~nd ask how it shou~d apply to those facts. You usually write the
is~ue for your c~se bnef as a question that combines the rule of law
with ~he material facts of the case, that is, those facts that raise
the dispute. Although we use the word "issue" in the singular
~here can be m_ore than one issue in a case. An example of an issue
is: Do the ~abitual drunkenness and sexual infidelity of the hus-
band constitute psychological incapacity?
3. Ruling
The ruling is the court's decision on the question that is actu-
~lly before it. The court may make a number oflegal statements, but
if they ~o not relat~ to the question actually before it, they are dicta.
The _rulmg or holdmg provides the answer to the question asked in
the issue statemen~. If there is more than one issue, there may be
~ore tha1: ~ne holdmg. The ruling is supported by the court's reason-
mg explammg an? su~portin~ the court's decision. For example in a
case on psychological ~ncapacity,the court will refer to the provisions
of Ar_t· 36 of the Family Code, state the substantial and procedural
r~qmre:nents for psychological incapacity to exist and cite the ear-
her rulmgs of the Supreme Court on the subject.
B. Exercise in Case Briefing
Let us now do an exercise in case briefing on the following
case:
LEOUEL SANTOS, petitioner, v, THE HONORABLE COURT
OF APPEALS AND JULIAROSARIO BEDIA-SANTOS
respondents, G.R. No. 112019, Jan. 4, 1995 (En Banc/
Vitug, J.:
. Con~e?edl! a highly, if not indeed the most likely, controver-
sial proviston mtroduced by the Family Code is Article 36 (as
amenileil hv "R 0 No 997 ik1tarl 17 _T,, i.. 1 OQ'7\ "'i..;~i.
FUNDAMENTALRESEARCH SKILL: 11
CASE BRIEFING AND SYNTHESIS OF CASES
"Article 36. A marriage contracted by any party who, at
g
to comply with the essential marital obligations of marriage,
shall likewise be void even if such incapacity becomes mani-
fest only after its solemnization."
The present petition for review on certiorari, at the instance
of Leouel Santos ("Leouel"), brings into fore the above provision
which is now invoked by him. Undaunted by the decisions of the
court a quo34 and the Court of Appeals,35 Leouel persists in be-
seeching its application in his attempt to have his marriage with
herein private respondent, Julia Rosario Bedia-Santos ("Julia"),
declared a nullity.
It was in Iloilo City where Leouel, who then held the rank of
First Lieutenant in the Philippine Army, first met Julia. The meet-
ing proved to be an eventful day for Leouel and Julia. On 20 Sep-
tember 1986, the two exchanged vows before Municipal Trial Court
Judge Cornelio G. Lazaro of Iloilo City, followed, shortly thereafter,
by a church wedding. Leouel and Julia lived with the latter's par-
ents at the J. Bedia Compound, La Paz, Iloilo City. On 18 July
1987, Julia gave birth to a baby boy, and he was christened Leouel
Santos, Jr. The ecstasy, however, did not last long. It was bound to
happen, Leouel averred, because of the frequent interference by
Julia's parents into the young spouses' family affairs. Occasionally,
the couple would also start a "quarrel" over a number of other
things, like when and where the couple should start living inde-
pendently from Julia's parents or whenever Julia would express
resentment on Leouel's spending a few days with his own parents.
On 18 May 1988, Julia finally left for the United States of
America to work as a nurse despite Leonel's pleas to so dissuade
her. Seven months after her departure, or on 01 January 1989,
Julia called up Leouel for the first time by long distance telephone.
She promised to return home upon the expiration of her contract in
July 1989. She never did. When Leouel got a chance to visit the
United States, where he underwent a training program under the
auspices of the Armed Forces of the Philippines from 10 April up to
25 August 1990, he desperately tried to locate, or to somehow get
in touch with, Julia but all his efforts were of no avail.
34Per Judge Enrique Garrovilh
35Penned by Justice Jainal Rasul, concurred in by Justices Pedro Ramirez
..1~~1 ~-~~·
___ '1\K_L--.L-- T-
24 LEGAL RESEARCH
Issue: Does the failure of Julia to return home, or at the very
least to communicate with him, for more than five years constitute
psychological incapacity?
Ruling: No, the failure of Julia to return home or to commu-
nicate with her husband Leouel for more than five years does not
constitute pyschological incapacity.
Psychological incapacity must be characterized by a) gravity,
b) juridical antecedence, and c) incurability.
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 ex-
pressed 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 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 insensitivity or inabil-
ity to give meaning and significance to the marriage. This
psychologic condition must exist at the time the marriage is cel-
ebrated.
Undeniably and understandably, Leouel stands aggrieved, even
desperate, in his present situation. Regrettably, neither law nor
society itself can always provide all the specific answers to every
individual problem.
Petition is denied.
relate relevant cases to
→
C. Synthesizing Cases each other
You will rarely work on a problem for which there is only one
case precedent. More likely, your research for a problem will turn
up many cases relevant to the problem. In order to use the princi-
ples that those· cases offer to resolve your problem, you must relate
the cases to each other, that is, synthesize them. In that way, you
can understand the applicable area of law and then use the synthe-
sis to analyze your problem.
The courts will frequently have done some synthesis for you.
Often, in reading cases, you will see definitions of a claim for relief,
or statements followed by a string of citations. Usually, these defi-
FUNDAMENTALRESEARCH SKILL: 25
CASE BRIEFING AND SYNTHESIS OF CASES
nitions or statements have evolved as courts have put together the
decisions of many related cases. The judges who have formulated
I
those definitions or statements have worked inductively. They have
analyzed the outcome of each case and then combined those sepa-
rate analyses into a coherent whole to form general principles about
the area of the law. These general principles are then expressed at
I
a level of abstraction that encompasses the particular holdings of
all of the individual cases.
., When you analyze a legal problem, such as one of your class
II
~ assignments, you will do further synthesis of your own. Synthesiz-
ing is the step between your research and your writing. You do
research by reading one case at a time. If in your writing you
merely report each case, one at a time, then you have compiled a
list of case briefs, but you have not analyzed a topic.
D. Exercise in Synthesizing Cases
I
Let us now digest the other cases dealing on psychological
incapacity and then synthesize these cases. C-·
1. Briefing of Each Relevant Case
CID MING TSOI, petitioner, v. COURT OF APPEALS
and GINALAO-TSOI, respondents, G.R. No. 119190,
Jan. 16, 1997 (Second Division)
TORRES, Jr., J.:
Man has not invented a reliable compass by which to steer a
marriage in its journey over troubled waters. Laws are seemingly
inadequate. Over time, much reliance has been placed in the works
of the unseen hand of Him who created all things.
Who is to blame when a marriage fails?
This case was originally commenced by a distraught wife
against her uncaring husband in the Regional Trial Court of Quezon
City (Branch 89) which decreed the annulment of the marriage on
the ground of psychological incapacity. Petitioner appealed the de-
cision of the trial court to respondent Court of Appeals (CA-G.R.
CV No. 42758) which affirmed the Trial Court's decision on Novem-
ber 29, 1994 and correspondingly denied the motion for reconsid-
eration in a resolution dated February 14, 1995.
80 LEGAL RESEARCH
Issue: Whether the husband suffers from psychological inca-
pacity as he is emotionally immature and irresponsible, a habitual
alcoholic and a fugitive from justice.
· Ruling: Taking into consideration these guidelines laid down
in the Molina case, it is evident that Erlinda failed to comply with
t~e req~ire~ evidentiary requirements. Erlinda failed to comply
w1t_h gu:delme ~o. 2 which requires that the root cause of psycho-
logical incapacity must be medically or clinically identified and
sufficiently proven by experts, since no psychiatrist or medical doc-
tor testified as to the alleged psychological incapacity of her hus-
band. Further, the allegation that the husband is a fugitive from
justice was not sufficiently proven. In fact, the crime for which he
was arrested was not even alleged. The investigating prosecutor
w~s likewise not given an opportunity to present controverting
evidence since the trial court's decision was prematurely rendered.
Judgment reversed and set aside.
2. Synthesis of All Relevant Cases
Let us now synthesize the above cases:
The Supreme Court has decided six cases on psychological
incapacity under Art. 36 of the Family Code.
In the case of Santos v. CA, 240 SCRA 20, the Supreme Court
ruled that failure of the wife to return home or to communicate
with her husband for more than five years does not constitute
psychological incapacity. Psychological incapacity must be charac-
terized by a) gravity, b) juridical antecedence, and c) incurability. It
refers to no less than a mental (not physical) incapacity that causes
a party to be truly incognitive of the essential marital obligations.
In Chi Ming Tsai v. CA, 266 SCRA 324, the Supreme Court
ruled that the senseless and protracted refusal of the husband to
have sexual intercourse to procreate children, an essential marital
obligation from the time of the marriage up to their separation ten
months later is equivalent to psychological incapacity.
In Republic v. CA and Molina, 268 SCRA 198, the Supreme
Court ruled that irreconcilable differences and conflicting person-
alities do not constitute psychological incapacity. It then laid down
the guidelines in the application of Art. 36 of the Family Code to
wit: 1) burden of proof belongs to the plaintiff; 2) root cause of
psychological incapacity must be a) medically or clinically identi-
FUNDAMENTALRESEARCH SKILL: 81
CASE BRIEFING AND SYNTHESIS OF CASES
fied, b) alleged in the complaint, c) sufficiently proven by experts,
and d) clearly explained in the decision; 3) incapacity must exist at
the time of marriage; 4) incapacity must be incurable; 5) gravity of
illness disables the party to assume the essential marital obliga-
f~ons; 6) the essential marital obligations are those in Articles 68 to
71, and Arts. 220, 221 and 225 of the Family Code; 7) Interpreta-
tions of the National Appellate Matrimonial Tribunal of the Catho-
lfo' Church should be given great respect; and 8) Prosecution and
Sdli'citor General must appear as counsel for the state.
;·'l if
. .-; In the case of Hernandez v. CA, 320 SCRA 76, the Supreme
v.~mrt ruled that the husband's habitualalcoholism, sexual infidel-
ity or perversion and abandonment do hot constitute incapacity.
··-1, In Marcos v. Marcos, G.R. No. 136490, Oct. 19, 2000, the
Supreme Court ruled the psychological incapacity may be estab-
·.JJ.,sl,i~d by the totality of the evidence presented. Examination by
p,hysician or psychologist is not a condition sine qua non for the
geclaration of psychological incapacity. Although the husband failed
~ provide material support and resorted to physical abuse and
abandonment, the totality of his acts does not lead to psychological
incapacity.
·ti In Republic v. Dagdag, G.R. No. 109975, Feb. 9, 2001, the Su-
pfeme Court ruled that the complainant wife failed to comply with
\b~ evidentiary requirement under the guidelines set in the two
cases of Santos and Molina, as she failed to present a psychiatrist or
medical doctor to testify; the allegation that the husband is a fugi-
tive from justice was not sufficiently proven; and the investigating
prosecutor was not given an opportunity to present controverting
evidences.
From the above cases, the Supreme Court has laid down both
-·i, ..
, 'substantive and procedural requirements for psychological inca-
'p~City.These substantive requirements are that the incapacity must
be a mental one (Santos case), existing at the time of the marriage
·(Molina case), and is incurable (Molina case). It is characterized by
!gravity of illness which disables the party to assume the essential
marital obligations (Molina case). These obligations are restricted
to those mentioned in Arts. 68-71, 220, 221 and 225 of the Family
Code (Molina case).
The senseless and protracted refusal to have sexual inter-
course for the procreation of children, an essential marital obliga-
tion, is equivalent to psychological incapacity (Tsoi case).
 82 LEGAL RESEARCH

The following do not constitute psychological incapacity: the

failure of the wife to return home or to communicate with her .
-. husband for more than five years (Santos case); the irreconcilable
differences and conflicting personalities of the spouses (Molina case); CHAPTER 4
the husband's habitual alcoholism, sexual infidelity or perversion
and abandonment (Hernandez case). STATUTORY LAW
The procedural requirements are that the burden of proof
belongs to the plaintiff; the root case of the psychological incapacity
must be 1) medically or clinically identified, 2) alleged in the com- Statutory Law
plaint, 3) sufficiently proven, 4) clearly explained in the decision;
Our statutory law consists mainly of the following:
the interpretations of the National Appellate Matrimonial Tribunal
of the Catholic Church are entitled to great respect; the prosecu- 1. The 1987 Constitution
tion and the Solicitor General must appear as counsel for the state
2. Treaties and International Agreements
(Molina case).
3. Statutes enacted by the Legislature
Psychological incapacity may be established by the totality of
the evidence presented. Although the husband failed to provide Administrative Rules and Regulations
material support and resorted to physical abuse and abandonment,
5. Ordinances enacted by the Autonomous Regions
the totality of his acts do not lead to psychological incapacity (Marcos
case). 6. Ordinances enacted by Local Government Units
As the complainant's wife failed to comply with the eviden-
tiary requirements, as she failed to present a psychiatrist or medi- B. The Philippine Constitution
cal doctor and that the investigating prosecutor was not given an
. n. In our legal order the Constitution is "law" and law of the
opportunity to present controverting evidence, the petition is dis-
.. ;highest authoritativeness and obligation. As "supreme law of the
missed (Dagdag case).
r and " it is the ultimate authority to which reference must be made
However in another case (Marcos), the Supreme Court said et<fld~termine the validity of national laws, administrative regula-
that examination by a physician or psychologist is not a conditio ·ttions, local ordinances and executive actions.
sine qua non for the declaration of psychological incapacity. h~Y ·
With the above synthesis of cases, we have analyzed the indi- .au, 1 1. SPANISHPERIOD
vidual cases and then generalized them by identifying two require- -l•) '
-.» 1. Ferdinand Magellan planted the sword and the cross on Phil-
ments for psychological incapacity, namely: the substantive and the
.. -ippine soil in 1521 and for nearly four centuries, the Philippines
procedural requirements.
became the dominion of Spain.
I .
By relating the cases to each other and putting them under
. :..:. , The year 1808 marked the start of Spanish const_itutional his-
onerubric, we can now understand the applicable area of law and
' · it;i:iey. However, except for short periods, the colony did not secure
then use the synthesis to analyze the problem facing us.
flthe benefits of the Constitution-ef the Spanish monarchy. Unlike
Cuba and Puerto Rico, to which certain constitutional rights were
eventually granted, there was an article in the fundamental law
providing that the Philippines should be governed by special laws.
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