PESCA v PESCAG.R. No. 136921/ April 17, 2001

VITUG

Facts –

• Review for the decision of CA in reversing the decision of RTC declaring the marriage between the petitioner and the respondent to be null and void

• Ground of “psychological incapacity” of the respondent.

• Petitioner was still student, respondent is a seaman during their marriage. They did not live together. However, got 4 children after establishing same residence.

• 1988, petitioner claims that respondent showed “psychological incapacity” by being: emo-tionally immature, irresponsible husband, cruel, violent to her and children, and habitual drinker.

• 1922, petitioner left the house yet forgive the respondent.

• 1994, petitioner was again battered by respondent in the presence of children. Petitioner left the house and filed declaration of nullity of marriage in RTC.

• 1995, RTC annulled marriage but CA reversed it.

Issue –

• Whether or not there was “psychological incapacity” on the part of the respondent and that CA erred in its decision in reversing the decision of RTC.

Ruling –

• It is in the case of Santos when, for the first time, the Court has given life to the term “Psychological incapacity”.

• Molina case, that followed, has additionally provided procedural guidelines to assist the courts and the parties in trying cases for annulment of marriages grounded on “psycholog-ical incapacity”.

• Molina thus strengthened, not overturned Santos case.

• Petitioner failed to prove both in complaint and evidence “psychological incapacity” on the part of the respondent.

• Emotional immaturity and irresponsibility, invoked by her, cannot be equated with psy-chological incapacity.

• Petition is denied.

Doctrine – ( C. Retroactivity of Laws)

• The doctrine of Stare Decisis ordained in article 8 of the Civil Code expresses that judicial deci-sions applying or interpreting the law shall form part of the legal system of the Philippines.

• Legis interpretado legis vim obtinet - The interpretation placed upon the written law by a compe-tent court has the force of law.

• It is only prior ruling of the Court finds itself later overruled, and a different view is adopted, that the new doctrine may have to be applied prospectively in favor of the parties who have relied on the old doctrine and have acted in good faith.

• The intendment of the law has been to confine the meaning of ‘psychological incapacity’ to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or in-ability to give meaning and significance to the marriage.

• NCC9

• NCC 10-12