GR 247798; (January, 2023) (Digest)
G.R. No. 247798. January 18, 2023.
CONSTANCIA JAVATE-ASEJO, PETITIONER, VS. JUSTINIANO ZANTUA ASEJO AND REPUBLIC OF THE PHILIPPINES, RESPONDENTS.
FACTS
Petitioner Constancia Javate-Asejo and respondent Justiniano Zantua Asejo were married on December 23, 1989. Constancia filed a Petition for Declaration of Absolute Nullity of Marriage under Article 36 of the Family Code on September 9, 2013, alleging Justiniano’s psychological incapacity. The Regional Trial Court (RTC) granted the petition on June 19, 2017, finding Justiniano psychologically incapacitated based on evidence including the testimony of expert witness Dr. Ethel Maureen Biscarro Pagaddu. The RTC found that Justiniano was unemployed, dependent on family, engaged in gambling and drinking, physically and verbally abusive, and failed to perform marital and parental obligations. The Republic of the Philippines, through the Office of the Solicitor General (OSG), appealed. The Court of Appeals (CA) reversed the RTC Decision on November 29, 2018, and denied Constancia’s Motion for Reconsideration on May 8, 2019, holding the marriage valid and subsisting, finding that Justiniano’s behavior constituted mere refusal or unwillingness, not psychological incapacity. Constancia filed a Petition for Review on Certiorari before the Supreme Court.
ISSUE
Whether the Court of Appeals committed any error in reversing the RTC’s declaration of nullity of the marriage between Constancia and Justiniano on the ground of psychological incapacity.
RULING
The Supreme Court GRANTED the Petition, REVERSED the Decision and Resolution of the Court of Appeals, and REINSTATED the Decision of the Regional Trial Court declaring the marriage null and void. The Court held that Constancia adequately established Justiniano’s psychological incapacity, which was grave, juridically antecedent, and incurable. The evidence, including the expert testimony of Dr. Pagaddu, demonstrated that Justiniano’s condition, identified as a personality disorder with narcissistic, antisocial, and dependent traits, existed prior to the marriage, was manifested through persistent irresponsibility, abuse, and failure to fulfill essential marital obligations, and was incurable. The totality of evidence proved his incapacity to comply with the essential obligations of marriage.