Benedict Rosario Persons

Republic of the Philippines vs. Rodolfo De Gracia

GR 171577 Feb 12, 2014
Evidence for Psychological Incapacity

Facts: Rodolfo De Gracia and Natividad Rosalem were married and begot two daughters.
However, De Gracia filed a declaration of nullity of marriage on grounds that the latter is
psychologically incapacitated to fulfill marital obligations. De Gracia testified that he met Rosalem
when she was 18 in high school and was forced to marry her due to an accidental pregnancy.
During that time, he was 21 years old and had no stable job. When he decided to join and train in
the army, Rosalem left their conjugal home, sold it without his consent and moved to Dipolog
City with a certain Engr. Terez who she had a child with. After cohabiting with Terez, she
contracted another marriage with Antonio Mondanez. De Gracia on the other hand, was left to
take care of the daughters ever since and tried to save their marriage but failed.

Dr. Zalsos reported that both De Gracia and Rosalem were psychologically incapacitated to
comply with the essential maritial obligations. Rosalem lacked the willful cooperation of being a
wife and a mother. De Gracia failed to perform as a husband as he sired a son with another
woman. Dr. Zalsos concluded that their union lacked mind, will and heart for the obligations of
marriage. The Office of the Solicitor General (Petitioner) filed an opposition and argued that the
acts committed by Rosalem did not demonstrate psychological incapacity and were merely
grounds for legal separation. The RTC declared the marriage to void on grounds of the said cause.
It heavily relied on the findings and testimonies of Dr. Zalsos. The petitioner appealed to the CA
however, the latter affirmed the ruling of the RTC because it was established that Rosalem did
indeed, have a disorder that incapacitates her to perform her obligations.

Issue: Whether or not the CA erred in affirming the RTC's finding of Psychological Incapacity

Held: YES. The report made by the expert witness failed to explain in reasonable detail how
Rosalem’s condition to be grave, deeply-rooted and incurable within the parameters of
psychological incapacity jurisprudence (meaning it should be way before the marriage, and only
manifested during the marriage). Moreover, the finding of incurability holds out a bare conclusion
and unsupported by factual or scientific basis. The refusal of Rosalem to live with De Gracia and
to assume her duties as a wife and mother as well as her emotional immaturity, irresponsibility
and infidelity do not give rise to psychological incapacity that would justify the nullification of
marriage. Indeed, to be declared clinically or medically incurable is one thing; to refuse or be
reluctant to perform one's duties is another. Psychological incapacity refers only to the most
serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to
give meaning and significance to the marriage