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Dimayuga-Laurena vs.

Court of Appeals

Void Marriages | G.R. No. 159220 September 22, 2008 | Carpio, J. | By Nicolas, J.

Facts of the Case: for legal separation and not declaration

of nullity.
 On December 19, 1983, Ma. Darlene Dimayuga- 2. Whether the properties excluded by the CA form
Laurena and Jesse Lauro Laurena were married. part of the conjugal partnership of gains between
 They had two children born 1985 and 1987. petitioner and respondent.
 During the marriage, Darlene complains that: a. Properties of Jesse’s parents aren’t part
o Jesse allowed the 15-year old son of his of conjugal properties.
house helper to sleep in their hotel suite
during their honemoon. SC Ruling:
o In 1984, Darlene had a miscarriage but
Jesse kept watching TV. The petition is denied. The marriage is valid.
o Jesse gave priority to his parents.
See pertinent provisions: Art. 36, 55 FC
o He came home past midnight.
o He was a womanizer and acted like a
bachelor when she was away.
o He had feminine tendencies.
o They often quarreled and he hit her one
o In September 1990, Jesse abandoned them.
 On October 19, 1993, Darlene filed a petition for
declaration of nullity of marriage alleging:
o The psychological incapacity of Jesse and
its existence at the time of the marriage.
o An enumeration of properties for the
dissolution of the conjugal partnership of
 Dr. Lapuz determined Jesse’s incapacity based on a
two-hour session with Darlene.
 The RTC:
o held that the marriage is valid and that the
psychological incapacity was not serious.
o dissolved the conjugal partnership of gains
and affirming the enumeration to be part of
such conjugal properties.
 The CA:
o held that the marriage is valid because the
totality of acts does not constitute incurable
psychological incapacity existing at the time
of the marriage.
o excluded the properties of Jesse’s parents.


1. Whether the respondent is psychologically

incapacitated to comply with the essential marital
a. Petitioner failed to prove psychological
incapacity and that it was grave,
incurable and existing at the time of
the marriage.
b. Sexual infidelity, repeated physical
violence, homosexuality, physical
violence or moral pressure to change
religion and abandonment are grounds