Emotional turmoil

Under Article 36 of the Family Code (FC), a marriage can be declared void because of the psychological incapacity or inability of a spouse to take cognizance of and to assume basic marital obligations. Will the fact that a spouse failed to meet his responsibility and duty as a married person enough to establish this ground? This is resolved in this case of Cindy.

On December 21, 1968, Cindy married Jerry in a lavish wedding ceremony. But shortly thereafter, Cindy already began experiencing disillusionment. Their married life was marred by bickering, quarrels and recriminations. Cindy was the only one who earned a living and took care of their three children because Jerry did not even earn a college degree. When their children were babies, Jerry did not even help her in changing their diapers. He did nothing but eat and sleep all day and spend time with his friends. When he would find a job, he would not be able to stay in it for long. When he went on several business ventures, all of them failed. Cindy on the other hand was able to rise from the ranks of the company where she worked and bought properties with hardly any help from Jerry. Later Jerry became insecure and jealous and would get mad every time he would see Cindy talking to other people including Cindy’s relatives.

After 35 years of marriage, Cindy could no longer bear her married life with Jerry. She consulted a psychiatrist who found that Jerry was suffering from Dependent Personality Disorder and thus concluded he was indeed psychologically incapacitated. So she filed a petition before the Regional Trial Court (RTC) for declaration of nullity of their marriage on the ground of Jerry’s psychological incapacity to perform the essential marital obligations of observing mutual love, respect and fidelity and rendering mutual help and support.

But the RTC dismissed her petition. It rejected the negative effect of Jerry’s Dependent Personality Disorder. The RTC said that Jerry indeed had many faults, was deficient in providing financial support and failed to earn his keep. But the fact that they have lived together for 35 years and were able to raise three children into adulthood and that Cindy was even able to succeed in her job and accomplish many things, belied Jerry’s psychological incapacity to perform the essential marital obligation. These facts even show that Jerry can be relied on for love, fidelity and moral support. The Court of Appeals on appeal by Cindy, affirmed the RTC decision. Were the RTC and the CA correct?

Yes. The incapacity or inability to assume the essential marital obligations must be equivalent to a psychological abnormality and not merely difficulty, refusal or neglect in the performance of marital obligation or ill will. Jerry’s refusal to help care for the children, his neglect of his business ventures, inability to find a steady job and his alleged unbearable jealousy may indicate some emotional turmoil, but they do not show psychological abnormality. It is not enough to prove that a spouse failed to meet his responsibility and duty as a married person; it is essential that he must be shown to be incapable of doing so due to some psychological illness.

To be sure, Jerry perhaps with a little more effort could have been more helpful and could have made life easier for his wife. The fact that he did not however does not mean that he is psychologically incapacitated to discharge his marital obligations.

Certainly the marriage was beset with difficulties or marred by bickering, quarrels and recriminations. But all marriages undergo the same trials at one point or another with some going through more rough patches than others. Cindy and Jerry’s marriage may indeed be problematic and even tumultuous. But since they had gone through 35 years together as husband and wife, indicates that they can, should they choose to do so, work through their problems (Yambao vs. Republic, G.R. 184063, January 24, 2011) 

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