Wednesday, December 11, 2024

Republic vs. Calingo, G.R. No. 212717, November 23, 2022 [Case Digest]

 

Republic vs. Calingo,

G.R. No. 212717, November 23, 2022

LAZARO-JAVIER, J.

[Case Digest]

Facts:

            In 1978, Ariel and Cynthia met when the latter was still the girlfriend of the former' s friend. After a while, Cynthia and his then boyfriend broke up. From the conclusion of such relationship, there sprung a new one. After developing a strong sense of sexual desire and physical attraction towards each other, Ariel and Cynthia became a couple.

            On February 5, 1980, Ariel and Cynthia decided to get married civilly. The couple initially lived in Paco, Manila; and later on transferred to several places because of the alleged aggressive behavior of Cynthia.

            As they lived together, Ariel narrated that Cynthia kept herself occupied by gossiping and reading comic books. Once, he asked Cynthia to limit her visitation to their neighbors to gossip, but Cynthia got mad and told him there was nothing much to do in their house.

            Despite their marital problems, Ariel and Cynthia had their church wedding on February 22, 1998. At the time of their church celebration, Cynthia was five months pregnant. Ariel claimed that Cynthia's behavior was no different even after their second rites. She continued to gossip and pick fights with their neighbors.

            According to Ariel, not only did Cynthia showed aggressive behavior during their union, but she likewise exhibited unfaithfulness. Ariel recalled that Cynthia's first instance of marital infidelity was with Noli, their neighbor, who became close to them. When Ariel found out about the affair, he forgave Cynthia, who allegedly showed no remorse.

            Noli later on revealed to him that their twin children were not really Ariel's children, but his own. Ariel then remembered one incident between him and Cynthia wherein the latter told him "hindi mo anak ['yan,]" as she got mad because Ariel spanked one of their children.

            Cynthia's second affair involved Louie, who was also their neighbor. Ariel testified that he discovered Louie hiding under their marital bed and wearing his pants only.

            Not long after, Ariel reached his peak and left their conjugal abode after Cynthia threw a knife at him, which fortunately hit the wall. Premised on Cynthia's irritable and irascible attitude, Ariel narrated that the same took place after he asked Cynthia to check the pressure cooker; and in the course thereof, the pressure cooker exploded. Surprised, Cynthia got so angry and started throwing curses at Ariel. Allegedly, Cynthia threw a knife against him which hit the wall.

            To support his petition, Ariel secured the psychological evaluation of Dr. Arnulfo Lopez (Dr. Lopez). The result thereof shows that Ariel possesses an emotionally disturbed personality, but not severe enough to constitute psychological incapacity. Dr. Lopez likewise conducted an assessment on Cynthia; and the same revealed that Cynthia is suffering from Borderline Personality Disorder with Histrionic Personality Disorder Features.

            Psychological Assessment of Cynthia's Personality based on the different sources of data presented:

            1. Cynthia was severely immature.

            2. Cynthia manifested inappropriate and intense anger.

            3. Cynthia committed acts of infidelity.

            4. Cynthia was severely impulsive.

            5. Cynthia was severely stubborn and rigid and is resistant to change.

            6. Cynthia was a very irresponsible wife.

            7. Cynthia manifested Histrionic behaviors

            RTC denied the petition on the ground that the totality of evidence presented did not prove psychological incapacity. It opined that there [was] absolutely no showing that [Cynthia's] "defects" were already present at the inception of the marriage or that they are incurable. Court of Appeals reversed the foregoing dispositions and granted the petition for declaration of nullity of marriage.

            By Decision dated March 11, 2020, the ponencia reversed the foregoing dispositions of the appellate court. Supreme Court refuses to accept as credible the assessment of Dr. Lopez as there was no other evidence which established the juridical antecedence, gravity, and incurability of Cynthia's alleged incapacity. While jurisprudence recognizes the dispensability of personal examination of the party alleged to be suffering from psychological incapacity, it is but necessary to provide corroborative evidence to exhibit the required legal parameters.

            Through the present motion for reconsideration, Ariel insists that he was able to present substantial facts and circumstances which would warrant the grant of his Petition for Annulment; reiterates the assessments of Dr. Lopez regarding Cynthia's personality disorders; and cites the Dissent to the main ponencia to support his motion for reconsideration.

 

Issue:

            Whether SC should grant the motion for reconsideration filed by petitioner by accepting as credible the assessment of Dr. Lopez.

 

Held:

            Yes; as it was, the ponencia refused to accept as credible the assessment of Dr. Lopez and ruled that there was no other evidence which established antecedence, gravity, and incurability of Cynthia's alleged incapacity.

            But applying the recently modified guidelines in Tan-Andal, we grant petitioner's motion for reconsideration. Consider:

I.                    Ariel was able to provide clear and convincing evidence to establish Cynthia's psychological incapacity.

Clear and convincing evidence is less than proof beyond reasonable doubt but greater than preponderance of evidence.  Here, Ariel presented not only his own testimony, but also offered the comprehensive psychological evaluation expertly prepared by Dr. Lopez; judicial affidavit and testimony of Ruben D. Kalaw; testimony of Elmer Sales, uncle-in-law of Cynthia who has known her long before she met Ariel and with whom she lived for six (6) years during her childhood.

            Taken together, all the testimonies on record are consistent on material points - they all establish Cynthia's personality structure causing her psychologically incapable to fulfill her marital obligations, as will be further discussed below.

 

II.                  There are durable aspects of Cynthia's personality structure that make it impossible for her to understand and comply with her marital obligations.

Noticeably absent from the trial court's discussion is the testimony of Elmer Sales on Cynthia's background and personality, having known her since childhood - long before she met Ariel. Sales is Cynthia's uncle-in-law, being the husband of her mother Juanita Pronto-Marcellana's sister, Purita Pronto.

            As shown, the testimony of Sales accounts for Cynthia's personality even before she met Ariel. In fact, he gave a clear picture on what we now call durable aspects of Cynthia's personality structure which make it impossible

for her to understand and comply with her marital obligations.

 

III.                Cynthia's psychological incapacity is incurable in the legal sense.

Based on Ariel's own testimony, he and Cynthia had persistent issues throughout their marriage and the three (3) years they had lived together.

Cynthia was abusive verbally and physically - she shouted at him and threw not only curses, but also knives and other heavy objects. Since they got separated after he caught her having extramarital affairs, they have not seen each other for more than 20 years.

            Clearly, their respective personality structures with respect to each other as partners are so incompatible and antagonistic that the only result of the union would be the inevitable and irreparable breakdown of the marriage - which has already been the case. This, despite their bona fide endeavors to reconcile and save their marriage. Not even time could probably heal their antagonism and incompatibility toward each other.

 

IV.                Cynthia's psychological incapacity is caused by a genuinely seriously psychic cause

Cynthia's violence and infidelity are not mild characterological peculiarities or occasional outbursts; not mere refusal, neglect, or ill will, but are both serious and dangerous. To repeat, she was not merely "mabunganga" but also exhibited traits incompatible with the performance of her marital obligations with Ariel. Consequently, such personality can be traced to a genuinely serious psychic cause during her formative years all the way up to her adulthood.

 

V.                  Juridical antecedence was established

Based on Ariel's testimony on the persistent manifestations of Cynthia's psychological incapacity before and during their marriage; the respective accounts of Sales and Kalaw on Cynthia's life and experiences before she met Ariel and before their courtship stage, respectively; and the expert assessment of Dr. Lopez, it cannot be denied that her psychological incapacity was already existing at the time of the celebration of marriage and had already manifested itself even before their marriage. This evidence was corroborated by the testimony of Elmer Sales as discussed above.

 

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