ni Atty. Persida Rueda-Acosta @Magtanong Kay Attorney | Oct. 5, 2024
Dear Chief Acosta,
Mahigit dalawang dekada na kaming hiwalay ng asawa ko. Tumatanggi siyang magbigay ng pinansyal na suporta sa aming pamilya, at parang hindi niya ako itinuturing na kanyang asawa. Gayundin, paulit-ulit niya akong niloloko at nakikipagrelasyon siya sa iba. Maaari bang mapawalang-bisa ang aming kasal?
— Marevic
Dear Marevic,
Ang kasal ay isang espesyal na kontrata ng permanenteng pagsasama sa pagitan ng isang lalaki at isang babae na pinasok alinsunod sa batas para sa pagtatatag ng pamilya. Kaugnay nito, ang mag-asawa ay obligadong mamuhay nang magkasama, obserbahin ang pagmamahalan, paggalang at katapatan sa isa’t isa, at magbigay ng tulong at suporta sa bawat isa.
Sa kasong Leonora O. Dela Cruz-Lanuza vs. Alfredo M. Lanuza, Jr. and the Republic of the Philippines, G.R. No. 242362, 17 Abril 2024, sa pamamagitan ni Kagalang-galang na Kasamang Mahistado Marvic MVF Leonen, ipinaliwanag ng ating Korte Suprema na walang bisa ang kasal sa kadahilanang psychological incapacity:
“We find that the pieces of evidence presented by petitioner sufficiently establish the psychological incapacity of respondent.
Based on the facts, respondent left his family in 1994 and appears to have contracted marriage several times, with different women. He never gave financial support to his children and only visited them once, for less than an hour. These indicate that respondent did not understand his obligations as a husband and father. xxx
Ison came to the conclusion, as written in his Psychological Evaluation of respondent, that:
Overall assessment of the psychological evaluation conducted affirms that the present psychopathology that exists in the minds of the respondent is profoundly embedded in his personality, and the manifestations had emanated from the early years of his development, which have found its profound and continuous manifestations in the succeeding years of his life. It stemmed out from the effects of his early socialization with his family. His preoccupation with his self-interest and personal gain made him ineffective to fulfill the essential elements of marriage. His personality disorder had impaired his individual growth which caused detriment in his cognition (perception and interpretation of the self and life events) and interpersonal functioning. As a result, the maladaptive patterns of personality that he possesses have psychologically deterred him to fulfill the mutual observance of love, respect, fidelity, help, and support in their marital relationship. x x x
From the foregoing, it is clear that Ison was able to explain how respondent’s personality disorder developed from his childhood and how it is correlated to his inability to fulfill his obligations as a husband and father.
To restate, the gravity of respondent’s personality disorder is shown by his lack of recognition that he has responsibilities to his wife and children.
His personality disorder appears to have been fostered by how he was raised by his family as ‘he was deprived of appropriate parental supervision and guidance’ and ‘his parents’ lenient and tolerable attitude encouraged him to become extremely assertive.’ This shows that there is juridical antecedence. His psychological incapacity developed during his formative years and existed prior to his marriage to petitioner.
The incurability of respondent’s personality disorder was also explained by Ison when he stated in his Judicial Affidavit that those who are diagnosed with narcissistic personality disorder ‘strongly deny that they are mentally ill, reject the idea of seeking professional help and therefore refuse any form of psychiatric treatment.’
Respondent’s infidelity, failure to give support to his wife and children, and unjustified absence from his family are all indicative that he is not cognizant of the duties and responsibilities of a husband and father.”
Alinsunod dito, gaya ng iyong sitwasyon, maaaring ituring na katibayan ng sikolohikal na kawalan ng kakayahan (psychological incapacity) na sumunod sa mga obligasyon ng mag-asawa ang pagtataksil, ang kabiguan na magbigay ng suporta, at ang ilang dekada nang hindi makatarungang pagliban sa tahanan ng iyong asawa.
Sana ay nabigyan namin ng linaw ang iyong katanungan. Ang payong aming ibinigay ay base lamang sa mga impormasyon na iyong inilahad at maaaring magbago kung mababawasan o madaragdagan ang mga detalye ng iyong salaysay.
Maraming salamat sa iyong patuloy na pagtitiwala.
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