Jose Reynaldo B. Ochosa, petitioner vs Bona J.

Alano and Republic of the Philippines, respondents

G.R. No. 167459, January 26, 2011

Facts:

Jose is a military man who got married to Bona. Due to the former’s work requirements, he was often
assigned to different areas in Mindanao. Bona chose to stay in her place instead of following her
husband in his detail assignments in other areas in Mindanao.

Sometime during their marriage, Jose got promoted and was given a quarter for him and his family at
Fort Santiago in 1985.

During this period, it appeared that Bona was unfaithful to her spouse as she later on admitted having
sexual relations with Jose’s driver whenever the latter was out on duty.

This prompted Jose to file an annulment case on the ground of Bona’s psychological incapacity to
perform the basic obligations of marriage. The trial court granted the annulment but was later on
overturned by the CA upon appeal on the ground that evidentiary facts do not establish Bona’s
psychological incapacity. Hence, this petition.

Issue:

Whether or not Bona was psychologically incapacitated to warrant the dissolution of the marriage under
Article 36 of the Family Code.

Ruling:

No. There is inadequate credible evidence that her defects were already present at the inception of, or
prior to, the marriage. Bona’s alleged psychological incapacity did not satisfy the jurisprudential
requisite of “juridical antecedence”. Her persistent sexual infidelity and abandonment are not badges of
psychological incapacity nor can’t it be traced to the inception of their marriage.

The psychiatrist’s conclusion about Bona’s HPD which made her prone to promiscuity and sexual
infidelity existed before her marriage to Jose, cannot be taken as credible proof of antecedence since
the method by which such an inference was reached leaves much to be desired in terms of meeting the
standard of evidence required in determining psychological incapacity.

Article 36 of the Family Code is not to be confused with a divorce law that cuts the marital bond at the
time the causes therefore manifest themselves. It refers to a serious psychological illness afflicting a
party even before the celebration of the marriage. It is a malady so grave and so permanent as to
deprive one of awareness of the duties and responsibilities of the matrimonial bond one is about to
assume. These marital obligations are those provided under Article 68 to 71, 220, 221 and 225 of the
Family Code.