Adarayan Vs RP
Adarayan Vs RP
Adarayan Vs RP
Court of Appeals
Cebu City
NINETEENTH DIVISION
DECISION
CONTRERAS, J.:
The Antecedents
After their wedding, Lito let Chanda pursue her collegiate studies in
UEP Laoang so she could prepare for her future. While Chanda was studying
there, Lito received news that the former was having an affair with a lesbian.
Despite this, he let Chanda continue with her studies.
After a year, Lito heard rumors that Chanda was having an affair with
one of her ex-boyfriends. To confirm this, he told his wife that he was going
to Tacloban City but actually stayed with a friend at a nearby barangay.
When nighttime came, Lito went home and peeped inside his house.
To his surprise, he saw his wife and her ex-boyfriend having sexual
intercourse. He yelled at them, which made the man jump out the window,
leaving Chanda inside. Lito confronted a speechless Chanda, their one-year-
old baby crying on the side. He brought her to her parents' house and
explained to them what happened. He then decided that he could not live
with her as his wife.
SO ORDERED.
The Issues
The Republic now contends that the RTC erred in granting the petition
for declaration of absolute nullity of marriage on account of Chanda's
psychological incapacity despite the absence of evidence to support the
same.
xxx
ART. 36. A marriage contracted by any party who, at the time of the
celebration, was psychologically incapacitated to comply with the
essential marital obligations of marriage, shall likewise be void even
if such incapacity becomes manifest only after its solemnization.
The recent case of Lim v. Sta. Cruz-Lim,7 citing The Diagnostic and
Statistical Manual of Mental Disorders, Fourth Edition (DSM IV), 8 instructs
us on the general diagnostic criteria for personality disorders:
D. The pattern is stable and of long duration, and its onset can be
traced back at least to adolescence or early adulthood.
In fine, given the factual milieu of the present case and in light of the
foregoing disquisition, We find ample basis to conclude that Chanda was
psychologically incapacitated to perform the essential marital obligations at
the time of her marriage to Lito.
SO ORDERED.
ORIGINAL SIGNED
EDWARD B. CONTRERAS
Associate Justice
WE CONCUR:
CERTIFICATION
ORIGINAL SIGNED
EDGARDO L. DELOS SANTOS
Associate Justice
Chairperson, Nineteenth Division