MEROPE ENRIQUEZ VDA.

DE CATALAN,
Vs
LOUELLA A. CATALAN-LEE,
G. R. No. 183622
February 8, 2012

It is true that owing to the nationality principle embodied in Article 15 of the Civil Code,
only Philippine nationals are covered by the policy against absolute divorces[,] the same
being considered contrary to our concept of public policy and morality. However, aliens
may obtain divorces abroad, which may be recognized in the Philippines,
provided they are valid according to their national law. In this case, the divorce in
Nevada released private respondent from the marriage from the standards of
American law, under which divorce dissolves the marriage. Xxx

G.R. No. 170022 January 9, 2013

REPUBLIC OF THE PHILIPPINES, Petitioner,
vs.
CESAR ENCELAN, Respondent.

In any event, sexual infidelity and abandonment of the conjugal dwelling, even if true, do
not necessarily constitute psychological incapacity; these are simply grounds for legal
separation.26 To constitute psychological incapacity, it must be shown that the
unfaithfulness and abandonment are manifestations of a disordered personality that
completely prevented the erring spouse from discharging the essential marital
obligations.27 No evidence on record exists to support Cesar’s allegation that Lolita’s
infidelity and abandonment were manifestations of any psychological illness.