Almelor v RTC (GR 179620, 28 Aug 2008)

Facts: Petitioner Manuel Almelor (anesthesiologist) married Respondent Leonida Trinidad (pediatrician) in 29 Jan
1989. The marriage bore 3 children. 11 years after, L filed for annulment on ground of PI (FC Art 36) due to his being
a harsh disciplinarian, unreasonably meticulous, easily angered, lavish affection for his mother, and homosexuality
(phone convos, closeness to males, homo porn materials, kissed Dr. Nogales). Clinical psychologist confirmed L’s claim
of PI, that it was antecedent and incurable.

P provided it’s due to professional rivalry (rival hospitals), her jealousy and possessiveness (fabricated the stories); his
brother Jesus confirmed a harmonious marriage and denied kiss. However, no psychiatrist was presented by P to
vitiate.

RTC granted petition for annulment and nullified marriage on ground of Art 45(3) [fraud] in relation to 46(4)
[concealment of homosexuality] or 55(6) [lesbianism/homosexuality].

P appealed and re-appealed, as not within LC’s jurisdiction to dissolve communal property and forfeit conjugal share
to children.

Issue: WON Psychological Incapacity is present

Held: No. The supporting grounds provided by Respondent for 36 [PI] (conflicting personalities, irreconcilable
differences) do not establish PI.

Homosexuality is ground for legal separation. Concealment is ground for annulment. However, there was no sufficient
proof of homosexuality and that it was concealed. LC merely interpreted his sexuality by considering public perception
without corroboration of witnesses.

Petition granted, annulment dismissed.