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    6 Dimayuga Laurena V CA

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    Vida Marie
    The petitioner filed for annulment of her marriage, alleging the respondent was psychologically incapable of fulfilling marital obligations. The trial court and Court of Appeals denied the petition. The Supreme Court affirmed, finding the petitioner failed to prove the respondent's alleged psychological incapacity existed prior to the marriage or was incurable. Psychological incapacity grounds for annulment must be grave, predate the marriage, and incurable. As the petitioner did not establish these elements, her petition was denied.

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    6 Dimayuga Laurena V CA

    Uploaded by

    Vida Marie
    27 views1 page
    The petitioner filed for annulment of her marriage, alleging the respondent was psychologically incapable of fulfilling marital obligations. The trial court and Court of Appeals denied the petition. The Supreme Court affirmed, finding the petitioner failed to prove the respondent's alleged psychological incapacity existed prior to the marriage or was incurable. Psychological incapacity grounds for annulment must be grave, predate the marriage, and incurable. As the petitioner did not establish these elements, her petition was denied.

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    The petitioner filed for annulment of her marriage, alleging the respondent was psychologically incapable of fulfilling marital obligations. The trial court and Court of Appeals denied the petition. The Supreme Court affirmed, finding the petitioner failed to prove the respondent's alleged psychological incapacity existed prior to the marriage or was incurable. Psychological incapacity grounds for annulment must be grave, predate the marriage, and incurable. As the petitioner did not establish these elements, her petition was denied.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    27 views1 page

    6 Dimayuga Laurena V CA

    Uploaded by

    Vida Marie
    The petitioner filed for annulment of her marriage, alleging the respondent was psychologically incapable of fulfilling marital obligations. The trial court and Court of Appeals denied the petition. The Supreme Court affirmed, finding the petitioner failed to prove the respondent's alleged psychological incapacity existed prior to the marriage or was incurable. Psychological incapacity grounds for annulment must be grave, predate the marriage, and incurable. As the petitioner did not establish these elements, her petition was denied.

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    © All Rights Reserved
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    of 1

    DIMAYUGA-LAURENA vs.

    CA
    568 SCRA 154

    Facts:
    Ma. Darlene Dimayuga-Laurena (petitioner) and Jesse Lauro
    Laurena (respondent) got married on December 19, 1983 at Saint Augustine
    Church in Intramuros, Manila. They have two children, Mark Jordan who was
    born on July 2, 1985 and Michael Joseph who was born on November 11, 1987.

    On October 19, 1993, petitioner filed a petition for declaration of


    nullity of marriage against the respondent. Petitioner alleged that respondent
    was psychologically incapable of assuming the essential obligations of marriage,
    and the incapacity existed at the time of the celebration of the marriage although
    she discovered it only after the marriage. Petitioner alleged that respondent’s
    psychological incapacity was manifested by his infidelity, utter neglect of his
    family’s needs because he gives priority to the needs of his parents,
    irresponsibility, insensitivity, and tendency to lead a bachelor’s life.

    The Court of Appeals affirmed the trial courts decision with regard
    to the denial of the petition for annulment of marriage and the dissolution of the
    conjugal partnership of gains.

    Hence, this petition.

    Issue:
    Whether or not Jesse Lauro Laurena (respondent) is psychologically
    incapacitated to comply with the essential marital obligations.

    Held:
    No, Ma. Darlene Dimayuga-Laurena (petitioner) failed to establish
    the respondent’s psychological incapacity. Sexual infidelity, repeated physical
    violence, homosexuality, physical violence or moral pressure to compel petitioner
    to change religious affiliation, and abandonment are grounds for legal separation
    but not for declaring a marriage void. She failed to prove psychological incapacity
    or identify its root cause. She failed to establish that respondent’s psychological
    incapacity is incurable and it was existing at the time of the celebration of their
    marriage.

    Psychological incapacity must be characterized by gravity, judicial


    antecedence and incurability. Thus, the Supreme Court explained:

    (a) Gravity – It must be grave and serious such that the party would be
    incapable of carrying out the ordinary duties required in a marriage;

    (b) Judicial Antecedence – It must be rooted in the history of the party


    antedating the marriage, although the overt manifestations may emerge only
    after the marriage; and

    (c) Incurability – It must be incurable, or even if it were otherwise, the cure


    would be beyond the means of the party involved.

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