- Petitioner
- Lorna Guillen Pesca
- Respondent
- Zosimo Pesca
- Citation
- G.R. No. 136921
- Court
- Supreme Court
- Division
- Third Division
- Ponente
- Vitug, J.
- Decided
- April 17, 2001
Whether respondent's alleged psychological incapacity warrants declaration of nullity of marriage under Article 36 of the Family Code
Summary
Wife sought nullity of marriage based on husband's alleged psychological incapacity manifested through domestic violence, habitual drinking, and irresponsible behavior starting in 1988. The RTC granted the nullity, but the Court of Appeals reversed, finding insufficient evidence of psychological incapacity as defined by law. The Supreme Court affirmed the CA decision, holding that emotional immaturity and irresponsibility do not constitute psychological incapacity under Family Code Article 36. The Court applied the Santos and Molina doctrines requiring psychological incapacity to be a mental condition causing true incognizance of basic marital covenants, limited to the most serious personality disorders. The marriage was declared valid and subsisting, emphasizing that marriage is an inviolable social institution protected by the State.