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  • Fernandez Vs CA - Digest

    Diunggah oleh

    Christopher Joselle Molato
    587 tayangan1 halaman
    Lucita Hernandez filed a petition to annul her marriage to Mario Hernandez, alleging that he failed to support the family, was frequently drunk, had affairs with other women, fathered a child with another woman, and abandoned Lucita and their children. The trial court and Court of Appeals dismissed the petition. The Supreme Court ruled that Mario's actions did not constitute psychological incapacity, as his behaviors would need to demonstrate an underlying disordered personality that made him completely unable to fulfill his marital obligations, rather than being due to youth or feelings of attractiveness. The Court affirmed the lower courts' judgment dismissing the annulment petition.

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    Fernandez vs CA - Digest

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    Lucita Hernandez filed a petition to annul her marriage to Mario Hernandez, alleging that he failed to support the family, was frequently drunk, had affairs with other women, fathered a child with another woman, and abandoned Lucita and their children. The trial court and Court of Appeals dismissed the petition. The Supreme Court ruled that Mario's actions did not constitute psychological incapacity, as his behaviors would need to demonstrate an underlying disordered personality that made him completely unable to fulfill his marital obligations, rather than being due to youth or feelings of attractiveness. The Court affirmed the lower courts' judgment dismissing the annulment petition.

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    587 tayangan1 halaman

    Fernandez Vs CA - Digest

    Diunggah oleh

    Christopher Joselle Molato
    Lucita Hernandez filed a petition to annul her marriage to Mario Hernandez, alleging that he failed to support the family, was frequently drunk, had affairs with other women, fathered a child with another woman, and abandoned Lucita and their children. The trial court and Court of Appeals dismissed the petition. The Supreme Court ruled that Mario's actions did not constitute psychological incapacity, as his behaviors would need to demonstrate an underlying disordered personality that made him completely unable to fulfill his marital obligations, rather than being due to youth or feelings of attractiveness. The Court affirmed the lower courts' judgment dismissing the annulment petition.

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    © All Rights Reserved
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    dari 1

    Lucita E. Hernandez vs.

    CA and Mario Hernandez


    320 SCRA 76, G.R. No. 126010, 8 December 1999
    Facts:
    On 1 January 1981, Lucita Estrella married Mario Hernandez, and they begot
    three children. On 10 July 1992, Lucita filed a petition for annulment of marriage
    under Article36 of the Family Code. She alleged that from the time
    of their marriage, Mario failed to perform his obligations to support the family,
    devoting most of his time drinking, had
    affairs with many women, and cohabiting with another woman with whom he
    had an illegitimate child, and finally abandoning her and the family. The RTCTagaytay City dismissed the petition which was affirmed by the CA.
    Issue:
    Whether or not Marios habitual alcoholism, sexual
    infidelity/perversion and family abandonment constitute psychological
    incapacity under Article 36 of the Family Code.
    Ruling:
    No. The Supreme Court ruled that the aforementioned acts do not by
    themselves constitute grounds for psychological incapacity within the
    contemplation of the Family Code. It
    must be shown that these acts are manifestations of a disordered personality
    which make Mario completely unableto discharge his essential marital
    obligations, and not merely due to his youth and self-conscious feelings of being
    handsome.
    Judgment affirmed.

    Melo M. Ponce de Leon


    LLB 1
    PERSONS

    Page 1

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