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Lucita E. Hernandez vs.

CA and Mario Hernandez


320 SCRA 76, G.R. No. 126010, 8 December 1999
Facts:
On 1 January 1981, Lucita Estrella married Mario Hernandez, and they begot
three children. On 10 July 1992, Lucita filed a petition for annulment of marriage
under Article36 of the Family Code. She alleged that from the time
of their marriage, Mario failed to perform his obligations to support the family,
devoting most of his time drinking, had
affairs with many women, and cohabiting with another woman with whom he
had an illegitimate child, and finally abandoning her and the family. The RTCTagaytay City dismissed the petition which was affirmed by the CA.
Issue:
Whether or not Marios habitual alcoholism, sexual
infidelity/perversion and family abandonment constitute psychological
incapacity under Article 36 of the Family Code.
Ruling:
No. The Supreme Court ruled that the aforementioned acts do not by
themselves constitute grounds for psychological incapacity within the
contemplation of the Family Code. It
must be shown that these acts are manifestations of a disordered personality
which make Mario completely unableto discharge his essential marital
obligations, and not merely due to his youth and self-conscious feelings of being
handsome.
Judgment affirmed.

Melo M. Ponce de Leon


LLB 1
PERSONS

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