MA. BERNA JOYCE M.

SILVANO
Matrimonial Law in Canon Law and
DROSSEL - GRIVE CASE Rotal Jurisprudence
Reverend Monsignor Gary Noel S. Formoso
20 October 2018
 I. THE FACTS

12 Jun 1968: Sandra Drossel and Stacey Grive got married

at the Church of St. Stephen, Florence Connecticut
in the archdiocese of Hartford
• Both catholic
• Of legal age
Stacey was irresponsible from beginning to end, and
no children were born of the 6-year marriage.
May 1974: They got separated.

Dec 1977: Sandra’s Petition to declare the marriage null

was accepted.

Lack of due competence was assigned as the grounds.

 II. THE LAW

Grounds for Nullity of Marriage

Before Lack of Due Lack of Due

late1940s Discretion Competence
(becomes (becomes
manifest at manifest after
the time of the time of
marriage vow) marriage vow)
Late 1940s

Lack of
1950s-1960s Lack of ability
interpersonal
to procreate skills
1969
 II. THE LAW

A. HISTORICAL BACKGOUND
Since the late 1940s: Rotal jurisprudence started to recognize that
marriage could be null by reason of:
• Lack of due discretion (at the time of the marriage vow)
• Lack of due competence (becomes manifest after the
marriage vow)
In a 1948 decision, Canestri spoke of a person affected of
“moral impotence”, a term in psychopathology which
deprives him or her of the ability to meet the obligations of
marriage.
 II. THE LAW

A. HISTORICAL BACKGOUND
Throughout the 1950s and 60s: The primary essence of marriage
is the ability to generate offspring.
Lack of due competence was restricted to inability to meet
the “three goods” of marriage, to wit:
• Bonum prolis;
• Bonum fidei; and
• Bonum sacramenti
In a 1957 case, for example, the issue is whether the woman
afflicted of nymphomania could assume the obligation of
bonum fidei.
 II. THE LAW

A. HISTORICAL BACKGOUND
In 25 february 1969- the most influential case was decided. Lucien Anne noted
that the essence of marriage includes:
• not only biological element (right to procreate life or procreative
intercourse )
• but also the personal element (right to the community of life or to a
caring interpersonal relationship)

Now Lack of Due Competence (incapacitas ad onera essentialia) refers

to both right.

Thus a person should be regarded as Lacking of Due Competence for

marriage if:
• by reason of psychological cause
• deprived of interpersonal relationships
 II. THE LAW

B. AVOIDANT PERSONALITY DISORDER

This is a particular psychopathology or one of the
psychological causes of Lack of Due Competence with
the following diagnostic criteria based on Diagnostic
and Statistical Manual of Mental Disorders (DSM):
• Hypersensitivity to rejection
• Unwillingness to enter into relationship
• Social withdrawal
• Desire for affection and acceptance
• Low self-esteem
 II. THE LAW

C. VALUE OF PSYCHIATRIST’S REPORT

13 July 1968- In Parisella Case, it was held

that it is wrong for a judge to
disagree with Psychiatrists'
conclusions except for very
serious contrary evidence.
 II. THE LAW

D. PSYCHIATRIC FINDINGS AS THE BASIS

30 April 1935- In Morano Case, it was held that

for the nullity of marriage the following must
concur:

• Ob auctoritatem numeri or by numbers

• Ob intrinsecas rationes or by reason
 III. THE ARGUMENTS

Dr. James Oriole- diagnosed that Stacey as suffering

from Avoidant Personality Disorder. However, because
he can function fairly well in certain areas and obtained
bachelor’s degree, concluded that the disorder is
moderate nature.
Dr. Anthony Canarino- disagreed regarding the intensity
of disorder. Because the disorder substantially
interfered with Stacey’s functioning in a variety of
areas, concluded that it is severe.
 III. THE ARGUMENTS

Dr. John Limpkin- Stacey’s disorder should be regarded as severe,

specially in interpersonal relations particularly in marriage borne out
from the facts based on the testimony of both Sandra and Stacey plus
that of five witnesses, that Stacey was:
•spoiled and was jealous of his younger sister
•known in highschool as lazy, lax and a poor student
•quiet, withdrawn and uncomfortable with group activities
•Overly neat and immaculate in dress because he hated dirt and
sloppiness.
•never dated before he met Sandra
•introverted and never held any job
 III. THE ARGUMENTS

During their 6-year marriage:

• Sandra assumed most of the responsibilities and
was the sole breadwinner;
• Stacey had a poor job record;
• When he is out of work, Sandra paid for his
education even if he already received a bachelor’s
degree in 1970;
• Stacey begun to be unfaithful with a woman who is
eleven (11) years older than him;
 III. THE ARGUMENTS

During their 6-year marriage:

• In 1971, they had no sexual relations and he tells
Sandra that she is a poor bed mate, unattractive
and not good enough;
• In 1973, he wanted to bring his other woman and
son home for dinner; and
• In the last year of their marriage he would call
Sandra and describe his sexual relation with the
older woman.
 IV. THE CONCLUSION

Not only by ob auctoritatem numeri “the authority of

numbers” but also by ob intrinsecas rationes “the
intrinsic reasons” Stacey Drive was found:
• inflicted of severe psychopathology; and
• deprived of the capacity for those interpersonal
relations necessary to sustain a marital partnership.

Hence, the marriage must be declared null and void.

 V. THE PARALLELISM TO
ARTICLE 36

In both Lack of Due Competence in Canon Law and

Psychological Incapacity in the Family Code:
• the psychological disorder must be existing at the time
of the marriage and becomes manifest only after
solemnization of marriage;
• the psychological disorder must be severe.
• the psychiatric findings must not be the lone basis of
the decision but also the independent determination of
the judge based it or other evidence;