CASE DIGEST: REPUBLIC vs. MOLINA G.R. No. 108763. February 13, 1997

FACTS:

Roridel Molina and Reynaldo Molina were married on April 14, 1985. A son, Andre Molina was born out of their marriage in 1986. However, a year after their marriage, Roridel alleged that her husband Reynaldo showed signs of immaturity and irresponsibility as a husband and a father. Reynaldo, as claimed was spending more time with his friends, depending on his parents for aid and assistance, and was dishonest with his wife regarding their finances. He even lost his job and abandon his family. Thus, due to his immaturity and actions that lead to their frequent quarrels, their relationship was estranged and resulted to the filing of this case to declare the marriage null and void on ground of psychological incapacity.

ISSUE:

Whether the marriage of Reynaldo and Roridel shall be declared null and void on ground of psychological incapacity.

RULING:

No. The court ruled that psychological incapacity should refer to no less than a mental nor physical incapacity. The law intended to confine the meaning of psychological incapacity to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage. The condition must exist at the time of the celebration of the marriage and must be characterized by (a) gravity, (b) juridical antecedence, and (c) incurability.

In this case, there is no clear showing that the defect spoken of is an incapacity, but instead is likely to appear as 'difficulty', if not outright 'refusal' or 'neglect' in the performance of some marital obligations. Mere showing of "irreconcilable differences" and "conflicting personalities" in no wise constitutes psychological incapacity. Their problem shows no gravity, neither juridical antecedence nor its incurability. 

This case introduced the following guidelines in the interpretation and application of Art. 36 of the Family Code: (Molina Doctrine-as it is called today)

1. The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in favor of the marriage and against its dissolution and nullity.

2. The root cause of the psychological incapacity must be: 

        a. Medically or clinically identified;

        b. Alleged in the complaint;

        c. Sufficiently proven by experts; and

        d. Clearly explained in the decision.

3. The incapacity must be proven to be existing at the "time of the celebration" of the marriage.

4. The incapacity must also be shown to be medically or clinically incurable. 

5. Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage.

6. The essential marital obligations must be those embraced by Articles 68 to 71 of the Family Code as well as Articles 220, 221 and 225 of the same Code.

7. Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our Courts.

8. The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the State.

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End Notes:

This case of Republic vs. CA and Molina is a jurisprudence setting the guidelines mentioned above for the first time. Psychological incapacity as it is provided in the Civil Code under Art. 36 is a way to declare the marriage null and void. 

The application of Art. 36 is confined to the most serious cases of personality disorder and must be determined in case to case basis.

Examples of Psychological Incapacity are the following:

1. In the case of Chi Ming Tsoi vs. CA, where the senseless and protracted refusal of one party to procreate children based on the universal principle that procreation of children through sexual cooperation is the basic end of marriage is considered psychological incapacity.

2. Pathological liar as determined in the case of Antonio vs. Reyes, where the Church annulled the marriage.

3. In the case of Te vs. Te, where both spouses manifest grave, severe and incurable personality disorder amounting to psychological incapacity.