609 Phil. 316
PERALTA, J.:
Psychologist Cristina Gates testified that the chances of curability of respondent's psychological disorder were nil. Its curability depended on whether the established organic damage was minimal — referring to the malfunction of the composites of the brain brought about by habitual drinking and marijuana, which possibly afflicted respondent with borderline personality disorder and uncontrollable impulses.[16]PSYCHOLOGICAL CONCLUSIONS BASED ON THE INTERVIEWS:
It is clear from the interviews that Respondent is afflicted with psychological hang-ups which are rooted in the kind of family background he has. His mother had an extramarital affair and separated from Respondent's father. This turn of events left an irreparable mark upon Respondent, gauging from his alcoholic and marijuana habit. In time, he seemed steep in a kind of a double bind where he both deeply loved and resented his mother.
His baseless accusation against his wife and his violent behavior towards her appears to be an offshoot of deep-seated feelings and recurrent thoughts towards his own mother. Unable to resolve his childhood conflicts and anger, he turned to his wife as the scapegoat for all his troubles.
Based on the Diagnostic and Statistical Manual (DSM IV), Respondent is afflicted with a Borderline Personality Disorder as marked by his pattern of instability in his interpersonal relationships, his marred self-image and self-destructive tendencies, his uncontrollable impulses. Eduardo Najera's psychological impairment as traced to his parents' separation, aggravated by the continued meddling of his mother in his adult life, antedates his marriage to Petitioner Digna Aldana.
Furthermore, the ingestion of prohibited substances (alcohol and marijuana), known to cause irreparable damage organically, and the manifest worsening of his violent and abusive behavior across time render his impairment grave and irreversible. In the light of these findings, it is recommended that parties' marriage be annulled on grounds of psychological incapacity on the part of Respondent Eduardo Najera to fully assume his marital duties and responsibilities to Digna Aldana-Najera.[15]
WHEREFORE, in view of the foregoing, judgment is hereby rendered as follows:Petitioner's motion for reconsideration was denied in a Resolution[19] dated May 2, 2000.
- Decreeing legal separation of Petitioner/Plaintiff Digna Najera and respondent/defendant Eduardo Najera;
- Ordering the dissolution of the conjugal partnership of the petitioner/plaintiff and respondent/defendant, and to divide the same equally between themselves pursuant to their Joint Manifestation/Motion dated April 27, 1998.[18]
WHEREFORE, premises considered, appeal is hereby DISMISSED and judgment of the Trial Court is AFFIRMED in toto. No costs.[20]Petitioner's motion for reconsideration was denied by the Court of Appeals in a Resolution dated August 5, 2004.
The main issue is whether or not the totality of petitioner's evidence was able to prove that respondent is psychologically incapacitated to comply with the essential obligations of marriage warranting the annulment of their marriage under Article 36 of the Family Code.[22]
- The Court of Appeals failed to take into consideration the Decision of the National Appellate Matrimonial Tribunal, contrary to the guidelines decreed by the Supreme Court in the case of Republic v. Court of Appeals, 268 SCRA 198.
- The evidence of petitioner proved the root cause of the psychological incapacity of respondent Eduardo Najera.
- The factual basis of the Decision of the National Appellate Matrimonial Tribunal is practically the same set of facts established by petitioner's evidence submitted before the trial court and therefore the same conclusion ought to be rendered by the Court.
- Credence ought to be given to the conclusion of Psychologist Cristina R. Gates as an expert in Psychology.[21]
(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. This is rooted in the fact that both our Constitution and our laws cherish the validity of marriage and unity of the family. Thus, our Constitution devotes an entire Article on the Family, recognizing it "as the foundation of the nation." It decrees marriage as legally "inviolable," thereby protecting it from dissolution at the whim of the parties. Both the family and marriage are to be "protected" by the state.The guidelines incorporate the three basic requirements earlier mandated by the Court in Santos v. Court of Appeals: "psychological incapacity must be characterized by (a) gravity (b) juridical antecedence, and (c) incurability."[24] The foregoing guidelines do not require that a physician examine the person to be declared psychologically incapacitated.[25] In fact, the root cause may be "medically or clinically identified."[26] What is important is the presence of evidence that can adequately establish the party's psychological condition. For indeed, if the totality of evidence presented is enough to sustain a finding of psychological incapacity, then actual medical examination of the person concerned need not be resorted to.[27]
x x x x
(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.
(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. It is clear that Article 36 was taken by the Family Code Revision Committee from Canon 1095 of the New Code of Canon Law, which became effective in 1983 and which provides:The following are incapable of contracting marriage: Those who are unable to assume the essential obligations of marriage due to causes of psychological nature.Since the purpose of including such provision in our Family Code is to harmonize our civil laws with the religious faith of our people, it stands to reason that to achieve such harmonization, great persuasive weight should be given to decisions of such appellate tribunal. Ideally — subject to our law on evidence — what is decreed as canonically invalid should also be decreed civilly void.
This is one instance where, in view of the evident source and purpose of the Family Code provision, contemporaneous religious interpretation is to be given persuasive effect. Here, the State and the Church — while remaining independent, separate and apart from each other — shall walk together in synodal cadence towards the same goal of protecting and cherishing marriage and the family as the inviolable base of the nation.
(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.
The Court agrees with the Court of Appeals that the evidence presented by petitioner in regard to the physical violence or grossly abusive conduct of respondent toward petitioner and respondent's abandonment of petitioner without justifiable cause for more than one year are grounds for legal separation[30] only and not for annulment of marriage under Article 36 of the Family Code.
Q You mentioned in your report that respondent is afflicted with a borderline personality disorder. [D]id you find any organic cause? A No, sir. Q Do you think that this cause you mentioned existed at the time of the marriage of the respondent? A I believe so, sir. Physically, if you examined the [respondent's family] background, there was strong basis that respondent developed mal-adoptive pattern. Q Did you interview the respondent's family? A No, sir , but on the disclosure of petitioner (sic). x x x x Q Have you [seen] the respondent? A He is not in the country, sir. Q Madam Witness, this disorder that you stated in your report which the respondent is allegedly affected, is this curable? A The chances are nil. Q But it is curable? A It depends actually if the established organic damage is minimal. Q What is this organic damage? A Composites of the brain is malfunctioning. Q How did you find out the malfunctioning since you have not seen him (respondent)? A His habitual drinking and marijuana habit possibly afflicted the respondent with borderline personality disorder. This [is] based on his interpersonal relationships, his marred self-image and self-destructive tendencies, and his uncontrollable impulses. Q Did you interview the respondent in this regard? A I take the words of the petitioner in this regard.[29]
(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. It is clear that Article 36 was taken by the Family Code Revision Committee from Canon 1095 of the New Code of Canon law, which became effective in 1983 and which provides:Petitioner's argument is without merit.
The following are incapable of contracting marriage: Those who are unable to assume the essential obligations of marriage due to causes of psychological nature.
Since the purpose of including such provision in our Family Code is to harmonize our civil laws with the religious faith of our people, it stands to reason that to achieve such harmonization, great persuasive weight should be given to decisions of such appellate tribunal. Ideally - subject to our law on evidence - what is decreed as canonically invalid should also be decreed civilly void.
This is one instance where, in view of the evident source and purpose of the Family Code provision, contemporaneous religious interpretation is to be given persuasive effect. Here, the State and the Church - while remaining independent, separate and apart from each other - shall walk together in synodal cadence towards the same goal of protecting and cherishing marriage and the family as the inviolable base of the nation.
The Decision of the National Appellate Matrimonial Tribunal dated July 2, 2002, which was forwarded to this Court only on February 11, 2004, reads as follows:Santos v. Santos[32] cited the deliberations during the sessions of the Family Code Revision Committee, which drafted the Code, to provide an insight on the import of Article 36 of the Family Code. It stated that a part of the provision is similar to the third paragraph of Canon 1095 of the Code of Canon Law, which reads:x x x The FACTS collated from party complainant and reliable witnesses which include a sister-in-law of Respondent (despite summons from the Court dated June 14, 1999, he did not appear before the Court, in effect waiving his right to be heard, hence, trial in absentia followed) corroborate and lead this Collegiate Court to believe with moral certainty required by law and conclude that the husband-respondent upon contracting marriage suffered from grave lack of due discretion of judgment, thereby rendering nugatory his marital contract: First, his family was dysfunctional in that as a child, he saw the break-up of the marriage of his own parents; his own two siblings have broken marriages; Second, he therefore grew up with a domineering mother with whom [he] identified and on whom he depended for advice; Third, he was according to his friends, already into drugs and alcohol before marriage; this affected his conduct of bipolar kind: he could be very quiet but later very talkative, peaceful but later hotheaded even violent, he also was aware of the infidelity of his mother who now lives with her paramour, also married and a policeman; Finally, into marriage, he continued with his drugs and alcohol abuse until one time he came home very drunk and beat up his wife and attacked her with a bolo that wounded her; this led to final separation.However, records of the proceedings before the Trial Court show that, other than herself, petitioner-appellant offered the testimonies of the following persons only, to wit: Aldana Celedonia (petitioner-appellant's mother), Sonny de la Cruz (member, PNP, Bugallon, Pangasinan), and Ma. Cristina R. Gates (psychologist). Said witnesses testified, in particular, to the unfaithful night of July 1, 1994 wherein the respondent allegedly made an attempt on the life of the petitioner. But unlike the hearing and finding before the Matrimonial Tribunal, petitioner-appellant's sister-in-law and friends of the opposing parties were never presented before said Court. As to the contents and veracity of the latter's testimonies, this Court is without any clue.
WHEREFORE, premises considered, this Court of Second Instance, having invoked the Divine Name and having considered the pertinent Law and relevant Jurisprudence to the Facts of the Case hereby proclaims, declares and decrees the confirmation of the sentence from the Court a quo in favor of the nullity of marriage on the ground contemplated under Canon 1095, 2 of the 1983 Code of Canon Law.
True, in the case of Republic v. Court of Appeals, et al. (268 SCRA 198), the Supreme Court held that the 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. However, the Highest Tribunal expounded as follows:Since the purpose of including such provision in our Family Code is to harmonize our civil laws with the religious faith of our people, it stands to reason that to achieve such harmonization, great persuasive weight should be given to decisions of such appellate tribunal. Ideally - subject to our law on evidence - what is decreed as [canonically] invalid should be decreed civilly void x x x.And in relation thereto, Rule 132, Sec. 34 of the Rules of Evidence states:The court shall consider no evidence which has not been formally offered. The purpose of which the evidence is offered must be specified.Given the preceding disquisitions, petitioner-appellant should not expect us to give credence to the Decision of the National Appellate Matrimonial Tribunal when, apparently, it was made on a different set of evidence of which We have no way of ascertaining their truthfulness.
Furthermore, it is an elementary rule that judgments must be based on the evidence presented before the court (Manzano vs. Perez, 362 SCRA 430 [2001]). And based on the evidence on record, We find no ample reason to reverse or modify the judgment of the Trial Court.[31]
Canon 1095. The following are incapable of contracting marriage:It must be pointed out that in this case, the basis of the declaration of nullity of marriage by the National Appellate Matrimonial Tribunal is not the third paragraph of Canon 1095 which mentions causes of a psychological nature, but the second paragraph of Canon 1095 which refers to those who suffer from a grave lack of discretion of judgment concerning essential matrimonial rights and obligations to be mutually given and accepted. For clarity, the pertinent portion of the decision of the National Appellate Matrimonial Tribunal reads:
- those who lack sufficient use of reason;
- those who suffer from a grave lack of discretion of judgment concerning the essential matrimonial rights and obligations to be mutually given and accepted;
- those who, because of causes of a psychological nature, are unable to assume the essential obligations of marriage.
The FACTS collated from party complainant and reliable witnesses which include a sister-in-law of Respondent (despite summons from the Court dated June 14, 1999, he did not appear before the Court, in effect waiving his right to be heard, hence, trial in absentia followed) corroborate and lead this Collegiate Court to believe with moral certainty required by law and conclude that the husband-respondent upon contacting marriage suffered from grave lack of due discretion of judgment, thereby rendering nugatory his marital contract x x x.Hence, even if, as contended by petitioner, the factual basis of the decision of the National Appellate Matrimonial Tribunal is similar to the facts established by petitioner before the trial court, the decision of the National Appellate Matrimonial Tribunal confirming the decree of nullity of marriage by the court a quo is not based on the psychological incapacity of respondent. Petitioner, therefore, erred in stating that the conclusion of Psychologist Cristina Gates regarding the psychological incapacity of respondent is supported by the decision of the National Appellate Matrimonial Tribunal.
WHEREFORE, premises considered, this Court of Second Instance, having invoked the Divine Name and having considered the pertinent Law and relevant Jurisprudence to the Facts of the Case hereby proclaims, declares and decrees the confirmation of the sentence from the Court a quo in favor of the nullity of marriage on the ground contemplated under Canon 1095, 2 of the 1983 Code of Canon Law. x x x