555 Phil. 786
SANDOVAL-GUTIERREZ, J.:
(a) he dissipated her business assets and forged her signature in one mortgage transaction;To substantiate her charges, Rosa offered documentary and testimonial evidence.
(b) he lived with a concubine and sired a child with her;
(c) he did not give financial support to his children; and
(d) he has been remiss in his duties both as a husband and as a father.
In the light of the foregoing, respondent is hereby SUSPENDED from the practice of law for SIX (6) MONTHS on the charge of falsifying his wife's signature in bank documents and other related loan instruments; and for ONE (1) YEAR from the practice of law on the charges of immorality and abandonment of his own family, the penalties to be served simultaneously. Let notice of this Decision be spread in respondent's record as an attorney, and notice of the same served on the Integrated Bar of the Philippines and on the Office of the Court Administrator for circulation to all the courts concerned.On December 8, 2000 or nearly two months after this Court promulgated the Decision in A.C. No. 5333, the Court of Appeals affirmed the RTC Decision in the present case, holding that "the evidence of the plaintiff (Rosa) falls short of the standards required by law to decree a nullity of marriage." It ruled that Justo's alleged defects or idiosyncracies "were sufficiently explained by the evidence," thus:
SO ORDERED.
Certainly, we cannot ignore what is extant on the record - first, the income which supported their children came from the earnings of their conjugal properties and not singularly from Rosa's industry; second, Justo gave his share of the support to his children in the form of allowances, albeit smaller than that derived from the conjugal property; third, he was booted out from their conjugal dwelling after he lost his bid for re-election and as such did not voluntarily abandon his home; and fourth, although unjustifiable in the eyes of the law and morality, Justo's alleged infidelity came after he was driven out of his house by Rosa. x x x.The Court of Appeals likewise held that Rosa's inability to offer the testimony of a psychologist is fatal to her case, being in violation of the tenets laid down by this Court in Molina.[34] Thus, she failed to substantiate her allegation that Justo is psychologically incapacitated from complying with the essential obligations of marriage.[35]
Applying these parameters to the sifted evidence, we find that even if we assume Justo's alleged infidelity, failure to support his family and alleged abandonment of their family home are true, such traits are at best indicators that he is unfit to become an ideal husband and father. However, by themselves, these grounds are insufficient to declare the marriage void due to an incurable psychological incapacity. These grounds, we must emphasize, do not manifest that he was truly incognitive of the basic marital covenants that he must assume and discharge as a married person. While they may manifest the "gravity" of his alleged psychological incapacity, they do not necessarily show "incurability", such that while his acts violated the covenants of marriage, they do not necessarily show that such acts show an irreparably hopeless state of psychological incapacity which prevents him from undertaking the basic obligations of marriage in the future.[36]The Court of Appeals pointed this out in its Resolution denying Rosa's motion for reconsideration, thus:
Even as we are fully cognizant of the findings of the Supreme Court in the disbarment case appellant filed against her husband, namely, appellee's falsification of documents to obtain loans and his infidelity, these facts, by themselves, do not conclusively establish appellee's psychological incapacity as contemplated under Article 36 of the Family Code. In fact, we already went as far as to presume the existence of such seeming depravities in appellee's character in our earlier judgment. However, as we emphasized in our Decision, the existence of such eventualities is not necessarily conclusive of an inherent incapacity on the part of appellee to discern and perform the rudiments of marital obligations as required under Article 36.[37]Clearly, Rosa's insistence that the factual findings in A.C. No. 5333 be considered "conclusive" on the present case is unmeritorious. The Court of Appeals already "went as far as to presume the existence" of Justo's depravities, however, even doing so could not bring about her (Rosa's) desired result. As Rosa's prayer for relief suggests, what she wants is for this Court to annul her marriage on the bases of its findings in A.C. No. 5333.[38] Obviously, she is of the impression that since her charges in A.C. No. 5333 were found to be true, justifying the suspension of Justo from the practice of law, the same charges are also sufficient to prove his psychological incapacity to comply with the essential marital obligations.
x x x Disciplinary proceedings against lawyers are sui generis. Neither purely civil nor purely criminal, they do not involve a trial of an action or a suit, but are rather investigations by the Court into the conduct of one of its officers. Not being intended to inflict punishment, [they are] in no sense a criminal prosecution. Accordingly, there is neither a plaintiff nor a prosecutor therein. [They] may be initiated by the Court motu proprio. Public interest is [their] primary objective, and the real question for determination is whether or not the attorney is still a fit person to be allowed the privileges as such. Hence, in the exercise of its disciplinary powers, the Court merely calls upon a member of the Bar to account for his actuations as an officer of the Court with the end in view of preserving the purity of the legal profession and the proper and honest administration of justice by purging the profession of members who by their misconduct have prove[n] themselves no longer worthy to be entrusted with the duties and responsibilities pertaining to the office of an attorney. In such posture, there can thus be no occasion to speak of a complainant or a prosecutor.Accordingly, one's unfitness as a lawyer does not automatically mean one's unfitness as a husband or vice versa.[41] The yardsticks for such roles are simply different. This is why the disposition in a disbarment case cannot be conclusive on an action for declaration of nullity of marriage. While Rosa's charges sufficiently proved Justo's unfitness as a lawyer, however, they may not establish that he is psychologically incapacitated to perform his duties as a husband. In the disbarment case, "the real question for determination is whether or not the attorney is still a fit person to be allowed the privileges as such." Its purpose is "to protect the court and the public from the misconduct of officers of the court." On the other hand, in an action for declaration of nullity of marriage based on the ground of psychological incapacity, the question for determination is whether the guilty party suffers a grave, incurable, and pre-existing mental incapacity that renders him truly incognitive of the basic marital covenants. Its purpose is to free the innocent party from a meaningless marriage. In this case, as will be seen in the following discussion, Justo's acts are not sufficient to conclude that he is psychologically incapacitated, albeit such acts really fall short of what is expected from a lawyer.
(2) The root cause of the psychological incapacity must be (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts, and (d) clearly explained in the decision. Article 36 of the Family Code requires that the incapacity must be psychological -- not physical, although its manifestations and/or symptoms may be physical. The evidence must convince the court that the parties, or one of them, was mentally or psychically ill to such an extent that the person could not have known the obligations he was assuming, or knowing them, could not have given valid assumption thereof. Although no example of such incapacity need be given here so as not to limit the application of the provision under the principle of ejusdem generis, nevertheless such root cause must be identified as a psychological illness and its incapacitating nature fully explained. Expert evidence may be given by qualified psychiatrists and clinical psychologists.In the 2000 case of Marcos v. Marcos,[43] the Court clarified that the above Guideline does not require that the respondent should be examined by a physician or psychologist as a condition sine qua non for the declaration of the nullity of marriage. What is important is "the presence of evidence that can adequately establish the party's psychological condition."
(d) What to allege.-A petition under Article 36 of the Family Code shall specifically allege the complete facts showing that either or both parties were psychologically incapacitated from complying with the essential marital obligations of marriage at the time of the celebration of marriage even if such incapacity becomes manifest only after its celebration.In Barcelona v. Court of Appeals,[46] this Court categorically explained that under the New Rules, a petition for declaration of nullity under Article 36 of the Family Code need not allege expert opinion on the psychological incapacity or on its root cause. What must be alleged are the physical manifestations indicative of said incapacity. The Court further held that the New Rules, being procedural in nature, apply to actions pending and unresolved at the time of their adoption.
The complete facts should allege the physical manifestations, if any, as are indicative of psychological incapacity at the time of the celebration of the marriage but expert opinion need not be alleged.
A later case, Marcos v. Marcos, further clarified that there is no requirement that the defendant/respondent spouse should be personally examined by a physician or psychologist as a condition sine qua non for the declaration of nullity of marriage based on psychological incapacity. Accordingly, it is no longer necessary to allege expert opinion in a petition under Article 36 of the Family Code of the Philippines. Such psychological incapacity, however, must be established by the totality of the evidence presented during the trial.Significantly, the present case is exactly akin to Pesca v. Pesca.[48] Pesca stemmed from a complaint for declaration of nullity of marriage under Article 36 filed by a battered wife sometime in April 1994. The trial court, in its Decision dated November 15, 1995, decreed the marriage void ab initio on the ground of psychological incapacity on the part of the husband. The Court of Appeals reversed the trial court's Decision, applying the Guidelines set forth in Santos v. Court of Appeals[49] and Molina.[50] When the matter was brought to this Court, the wife argued that Santos and Molina should not have retroactive application, the Guidelines being merely advisory and not mandatory in nature. She submitted that the proper application of Santos and Molina warranted only a remand of her case to the trial court for further proceedings, not a dismissal. The Court declined to remand Pesca[51] on the premise that the Santos and Molina Guidelines "constitute a part of the law as of the date the statute is enacted," thus:
The 'doctrine of stare decisis,' ordained in Article 8 of the Civil Code, expresses that judicial decisions applying or interpreting the law shall form part of the legal system of the Philippines. The rule follows the settled legal maxim - 'legis interpretado legis vim obtinet' that the interpretation placed upon the written law by a competent court has the force of law. The interpretation or construction placed by the courts establishes the contemporaneous legislative intent of the law. The latter as so interpreted and construed would thus constitute a part of the law as of the date the statute is enacted. It is only when a prior ruling of this Court finds itself later overruled, and a different view is adopted, that the new doctrine may have to be applied prospectively in favor of parties who have relied on the old doctrine and have acted in good faith in accordance therewith under the familiar rule of 'lex prospicit, non replicit.'The Court then opted to examine the evidence. It affirmed that the wife failed, both in her allegations in the complaint and in her evidence, to make out a case of psychological incapacity on the part of her husband. The Court then concluded that "emotional immaturity and irresponsibility" cannot be equated with psychological incapacity.
SEC. 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development.This State policy on the inviolability of marriage has been enshrined in Article 1 of the Family Code which states that:
SEC. 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.
ART. 1. Marriage is a special contract of permanent union, between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law, and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code.Given the foregoing provisions of constitutional and statutory law, this Court has held fast to the position that any doubt as to the validity of a marriage is to be resolved in favor of its validity.[52] Semper praesumitur pro matrimonio.
ART. 36. A marriage contracted by a party who, at the time of 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.In Molina,[53] the Court laid down the Guidelines for the interpretation and application of Article 36, thus:
(1) The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity. x x x.The foregoing Guidelines incorporate the basic requirements mandated by the Court in Santos,[54] to reiterate: psychological incapacity must be characterized by (a) gravity; (b) juridical antecedence; and (c) incurability.
(2) The root cause of the psychological incapacity must be (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision. Article 36 of the Family Code requires that the incapacity must be psychological -- not physical, although its manifestations and/or symptoms may be physical. The evidence must convince the court that the parties, or one of them, were mentally or psychically ill to such an extent that the person could not have known the obligations he was assuming, or knowing them, could not have given valid assumption thereof. Although no example of such incapacity need be given here so as not to limit the application of the provision under the principle of ejusdem generis, nevertheless such root cause must be identified as a psychological illness and its incapacitating nature fully explained. Expert evidence may be given by qualified psychiatrists and clinical psychologists.
(3) The incapacity must be proven to be existing at "the time of the celebration" of the marriage. The evidence must show that the illness was existing when the parties exchanged their "I do's." The manifestation of the illness need not be perceivable at such time, but the illness itself must have attached at such moment, or prior thereto.
(4) Such incapacity must also be shown to be medically or clinically permanent or incurable. Such incurability may be absolute or even relative only in regard to the other spouse, not necessarily absolutely against everyone of the same sex. Furthermore, such incapacity must be relevant to the assumption of marriage obligations, not necessarily to those not related to marriage, like the exercise of a profession or employment in a job. Hence, a pediatrician may be effective in diagnosing illnesses of children and prescribing medicine to cure them but may not be psychologically capacitated to procreate, bear and raise his/her own children as an essential obligation of marriage.
(5) Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage. Thus, "mild characteriological peculiarities, mood changes, occasional emotional outbursts" cannot be accepted as root causes. The illness must be shown as downright incapacity or inability, not a refusal, neglect or difficulty, much less ill will. In other words, there is a natal or supervening disabling factor in the person, an adverse integral element in the personality structure that effectively incapacitates the person from really accepting and thereby complying with the obligations essential to marriage.
(6) The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the same Code in regard to parents and their children. Such non-complied marital obligation(s) must also be stated in the petition, proven by evidence and included in the text of the decision.
(7) Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts.
(8) The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state. No decision shall be handed down unless the Solicitor General issues a certification, which will be quoted in the decision, briefly stating therein his reasons for his agreement or opposition, as the case may be, to the petition. The Solicitor General, along with the prosecuting attorney, shall submit to the court such certification within fifteen (15) days from the date the case is deemed submitted for resolution of the court. The Solicitor General shall discharge the equivalent function of the defensor vinculi contemplated under Canon 1095.
ON THE CHARGE OF FALSIFICATION OF COMPLAINANT'S SIGNATUREWhile this Court is convinced that the charges hurled against Justo by Rosa, such as sexual infidelity, falsification of her signature, abandonment and inadequate support of children, are true, nonetheless, there is nothing in the records showing that they were caused by a psychological disorder on his part. In other words, the totality of the evidence is not sufficient to show that Justo is psychologically incapacitated to comply with the essential marital obligations.
The handwriting examination conducted by the National Bureau of Investigation on the signatures of complainant Rosa Yap Paras and respondent Justo de Jesus Paras vis-a-vis the questioned signature "Rosa Y. Paras" appearing in the questioned bank loan documents, contracts of mortgage and other related instrument, yielded the following results:
CONCLUSION:The NBI did not make a categorical statement that respondent forged the signatures of complainant. However, an analysis of the above findings lead to no other conclusion than that the questioned or falsified signatures of complainant Rosa Y. Paras were authored by respondent as said falsified signatures were the same as the sample signatures of respondent.
- The questioned and the standard sample signatures JUSTO J. PARAS were written by one and the same person.
- The questioned and the standard sample signatures ROSA YAP PARAS were not written by one and the same person. (Annex "B", Rollo, p. 26, emphasis ours;)
To explain this anomaly, respondent presented a Special Power of Attorney (SPA) executed in his favor by complainant to negotiate for an agricultural or crop loan from the Bais Rural Bank of Bais City. Instead of exculpating respondent, the presence of the SPA places him in hot water. For if he was so authorized to obtain loans from the banks, then why did he have to falsify his wife's signatures in the bank loan documents? The purpose of an SPA is to especially authorize the attorney-in-fact to sign for and on behalf of the principal using his own name.
ON THE CHARGE OF IMMORALITY AND CONCUBINAGE
The evidence against respondent is overwhelming. The affidavit-statements of his children and three other persons who used to work with him and have witnessed the acts indicative of his infidelity more than satisfy this Court that respondent has strayed from the marital path. The baptismal certificate of Cyndee Rose Paras where respondent was named as the father of the child (Annex "J", Rollo, p. 108); his naming the child after his deceased first-born daughter Cyndee Rose; and his allowing Jocelyn Ching and the child to live in their house in Dumaguete City bolster the allegation that respondent is carrying on an illicit affair with Ms. Ching, the mother of his illegitimate child.
x x x. In this case, respondent's sexual infidelity can hardly qualify as being mentally or physically ill to such an extent that she could not have known the obligations she was assuming, or knowing them, could not have given a valid assumption thereof. It appears that respondent's promiscuity did not exist prior to or at the inception of the marriage. What is, in fact, disclosed by the records is a blissful marital union at its celebration, later affirmed in church rites, and which produced four children.In Carating-Siayngco v. Siayngco,[56] the wife's inability to conceive led her husband to other women so he could fulfill his ardent wish to have a child of his own flesh and blood. This Court ruled that this is not a manifestation of psychological incapacity in the contemplation of the Family Code. In Choa v. Choa,[57] this Court declared that a mere showing of irreconcilable differences and conflicting personalities does not constitute psychological incapacity. And, again, in Iyoy,[58] a Filipina left her husband, married an American and had a family by him, which she flaunted to her former husband. This Court ruled that these acts, while embarrassing and hurting to the latter, did not satisfactorily establish a serious or grave psychological or mental defect of an incurable nature present at the time of marriage; and that irreconcilable differences, conflicting personalities, emotional immaturity, and irresponsibility, physical abuse, habitual alcoholism, sexual infidelity or perversion, and abandonment per se do not warrant a finding of psychological incapacity under Article 36.
Respondent's sexual infidelity or perversion and abandonment do not by themselves constitute psychological incapacity within the contemplation of the Family Code. Neither could her emotional immaturity and irresponsibility be equated with psychological incapacity. It must be shown that these acts are manifestations of a disordered personality which make respondent completely unable to discharge the essential obligations of the marital state, not merely due to her youth, immaturity, or sexual promiscuity.
Article 68. The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support. (109a)[61] Art. 55. A petition for legal separation may be filed on any of the following grounds:
Article 69. The husband and wife shall fix the family domicile. In case of disagreement, the court shall decide.
The court may exempt one spouse from living with the other if the latter should live abroad or there are other valid and compelling reasons for the exemption. However, such exemption shall not apply if the same is not compatible with the solidarity of the family. (110a)
Article 70. The spouses are jointly responsible for the support of the family. The expenses for such support and other conjugal obligations shall be paid from the community property and, in the absence thereof, from the income or fruits of their separate properties. In case of insufficiency or absence of said income or fruits, such obligations shall be satisfied from their separate properties. (111a)
Article 71. The management of the household shall be the right and duty of both spouses. The expenses for such management shall be paid in accordance with the provisions of Article 70. (115a)
(1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;
(2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;
(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;
(4) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;
(5) Drug addiction or habitual alcoholism of the respondent;
(6) Lesbianism or homosexuality of the respondent;
(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against the life of the petitioner; or
(10) Abandonment of petitioner by respondent without justifiable cause for more than one year.