Alcazar v. Alcazar

Summary

Wife sought annulment of marriage claiming husband's physical incapacity to consummate marriage under Article 45(5) of the Family Code. After husband left for overseas work in Saudi Arabia and failed to communicate or live with wife upon his return, wife filed the complaint. The Supreme Court dismissed the petition, finding no evidence of physical incapacity since the parties had sexual intercourse after marriage. The Court noted the complaint should have been filed under Article 36 for psychological incapacity based on the evidence presented, but even under that provision, the evidence was insufficient. The psychological evaluation was inadequate as it was based solely on the wife's account without personal examination of the husband. The Court emphasized that psychological incapacity must be grave, existing at time of marriage, and incurable - requirements not met by mere abandonment or marital discord. The decision reinforced the presumption in favor of marriage validity and the State's interest in preserving marriage as a fundamental social institution.