DIMAYUGA-LAURENA vs CA and JESSE LAURO LAURENA

• Petition for review on certiorari on CA decision | declaration of nullity of marriage

• PETITION PARTIALLY GRANTED
• CA affirmed RTC decision with modification

FACTS
• 19 December 1983 – Darlene and Jesse wed in Intramuros
• 2 children: Mark (1985), Michael (1987)
• 19 Oct 1993 – Petitioner filed petition of declaration of nullity of marriage; respondent was psychologically
incapacitated since:
• Invited 15 yr old boy to sleep in same hotel room • Prioritized parents’ needs over hers
with them during honeymoon
• Womanizer
• Watched TV while Darlene suffered miscarriage, • Had feminine tendencies
almost bled to death
• Sept 1990 – Jesse abandoned conjugal home and stopped supporting children
• Conjugal properties:
• Dayap Makati duplex • Jeddah Caltex dealership • Jeddah Trucking
• House and lot in Tanauan, • Lancer, Safari, L300, L200
Batangas vehicles
• Petitioner prayed for
1) dissolution of conjugal 2) custody, and 3) monthly support (P
partnership 25,000)
• RTC: Petition DENIED, conjugal partnership of gains DISSOLVED, custody awarded to children’s parent of choice
• Darlene’s appeal: since nullity of marriage was denied
• Jesse’s appeal: parents’ properties declared as part of conjugal partnership of gains
• CA’s ruling
• Darlene failed to prove Jesse’s psychological incapacity medically identified and that it was existing at time of
marriage – hence marriage is not null
• Sustained dissolution of partnership of gains – respondent’s abandonment of family sufficient grounds for
dissolution
• Tanuan, Dayap, Jeddah Caltex, and Jeddah Trucking excluded
• Darlene filed motion for reconsideration

ISSUE + RATIO:
WON FACTS ARE SUFFICIENT TO PROVE PSYCHOLOGICAL INCAPACITY OF RESPONDENT
• Petitioner failed to prove psychological incapacity
• RTC and CA found that Molina case guidelines were not satisfied

WON PROPERTIES EXCLUDED BY CA PART OR CONJUGAL PARTNERSHIP OF GAINS

• NO – but Dayap duplex house should be included (DoAS executed in favor of Jesse, no proof it was bought with
revenues from Jeddah Caltex)
HELD:
Petition PARTIALLY GRANTED. CA decision/resolution affirmed with modification