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FILIPINA Y. SY v. CA

FACTS:

Filipina Sy filed a petition for the declaration of absolute nullity of marriage against her husband, Fernando Sy. The couple had been married in 1973 and had two children. They lived together in various locations and operated a lumber and hardware business in Pampanga. However, in 1983, Fernando left their conjugal dwelling and they began living separately. Their son, Frederick, had transferred to Fernando's residence in Manila in 1988 and had lived with his father since then. In 1988, Filipina filed a petition for legal separation, which was later amended to a petition for separation of property. The court granted the petition and approved a regime of separation of properties. In the same year, Filipina also filed a criminal case against Fernando for attempted parricide but he was only convicted of slight physical injuries. Subsequently, Filipina filed a new action for legal separation on the grounds of repeated physical violence and sexual infidelity. The court granted the decree of legal separation. Filipina then filed a petition for the declaration of absolute nullity of her marriage to Fernando on the ground of his alleged psychological incapacity. The trial court denied the petition, and the Court of Appeals affirmed the decision. Finally, Filipina appealed the decision to the Supreme Court.

ISSUES:

  1. Whether the alleged acts of the respondent constitute psychological incapacity that warrants the declaration of absolute nullity of the marriage.

  2. Whether the alleged psychological incapacity of the respondent existed at the time of the celebration of their marriage.

RULING:

  1. The Court of Appeals ruled that the alleged acts of the respondent do not constitute psychological incapacity and that the petitioner failed to show that the alleged psychological incapacity existed at the time of the celebration of their marriage. The Court of Appeals affirmed the decision of the trial court, finding it to be in accordance with law and the evidence on record.

PRINCIPLES:

  • Psychological incapacity refers to a mental disorder that renders a party incapable of understanding and fulfilling the essential marital obligations.

  • To warrant the declaration of absolute nullity of marriage based on psychological incapacity, the incapacity must be grave, incurable, and present at the time of the celebration of the marriage.