Maria Concepcion N. Singson a.k.a. Concepcion N. Singson Vs. Benjamin L.
Singson
G.R. No. 210766. January 8, 2018
G.R. No. 210766. January 8, 2018
1.
What is the policy of the Constitution on Marriage?
The policy of the Constitution is
to protect and strengthen the family as the basic social institution, and
marriage as the foundation of the family. Because of this, the Constitution
decrees marriage as legally inviolable and protects it from dissolution at the
whim of the parties.
2.
Define Marriage under the Family Code.
Article 1 of the Family Code
describes marriage as "a special contract of permanent union between a man
and a woman entered into in accordance with law for the establishment of
conjugal and family life" and as "the foundation of the family and an
inviolable social institution."
3.
How should the court rule on the validity of marriage?
It is axiomatic that the validity
of marriage and the unity of the family are enshrined in our Constitution and
statutory laws, hence any doubts attending the same are to be resolved in favor
of the continuance and validity of the marriage and that the burden of proving
the nullity of the same rests at all times upon the petitioner.
4.
What is Psychological Incapacity as a ground of nullity of
marriage?
'Psychological incapacity,' as a
ground to nullify a marriage under Article 36 of the Family Code, should refer
to no less than a mental -not merely physical -incapacity that causes a party
to be truly incognitive of the basic marital covenants that concomitantly must
be assumed and discharged by the parties to the marriage which, as so expressed
in Article 68 of the Family Code, among others, include their mutual to live
together, observe respect and fidelity and render help and support.
Psychological incapacity under Article 36 of
the Family Code contemplates an incapacity or inability to take cognizance of
and to assume basic marital obligations, and is not merely the difficulty,
refusal, or neglect in the performance of marital obligations or ill will. It
is not enough to prove that a spouse failed to meet his responsibility and duty
as a married person; it is essential that he or she must be shown to be
incapable of doing so because of some psychological, not physical illness.
5. What are the elements of Psychological Incapacity as a ground of
nullity of marriage?
In Santos v. CA (Santos), the Court first
declared that psychological incapacity must be characterized by: (a) gravity
(i.e., it must be grave and serious such that the party would be incapable of
carrying out the ordinary duties required in a marriage); (b) juridical
antecedence (i.e., it must be rooted in the history of the party antedating the
marriage, although the overt manifestations may emerge only after the
marriage); and ( c) incurability (i.e., it must be incurable, or even if it
were otherwise, the cure would be beyond the means of the party involved).
6. Give instances that may negate psychological incapacity of a
spouse?
The spouse had a job; provided money for the
family from the sale of his property; provided the land where the family home
was built on; lived in the family home with petitioner-appellee and their
children;
7. Are habitual drunkenness, gambling, and failure to find a job
indicators of psychological incapacity?
Habitual drunkenness, gambling, and failure
to find a job indicators are nowhere nearly the equivalent of psychological
incapacity, in the absence of incontrovertible proof that these manifestations
of an incapacity rooted in some debilitating psychological condition or
illness.
8. May a child be considered a reliable witness in an Article 36 Case?
No. It has been held that the parties' child
is not a very reliable witness in an Article 36 case as "he could not have
been there when the spouses were married and could not have been expected to
know what was happening between his parents until long after his birth."
Comments
Post a Comment