1
Lontoc-Cruz vs. Cruz, G.R. No. 201988
peculiarities, mood changes, occasional emotional outbursts' cannot be accepted
as root causes.x x x.
xxxx
(6) The essential marital obligations must be those embraced by Articles 68
up to 71 of the Family Code as regards the husband and wife as well as Articles 220,
221 and 225 of the same Code in regard to parents and their children. Such non-
complied marital obligation(s) must also be stated in the petition, proven by
evidence and included in the text of the decision.
(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. x x x.
xxxx
(8) The trial court must order the prosecuting attorney or fiscal and the
Solicitor General to appear as counsel for the state. x x x.
Using these standards, petitioner was able to sufficiently prove that
respondent is psychologically incapacitated to discharge the duties expected of a
husband. The totality of evidence adduced in the course of the proceedings is
clearly wanting.
In the Judicial Affidavit of respondent, to wit;
Q60: So when you decided to stay (Dumaguete) what happened next?
A60: I decided to continue my business in Manila.
This is an evidence to support that such act of the respondent shows too
much attachment to his mother. A family man who agreed with his wife to settle in
Dumaguete and to have established a dental clinic, would want to go home in
Manila and run a business making it more expensive because his plan was to go
there every week to check the business and goes back to Dumaguete for his family.
Another admission by the respondent in his Judicial Affidavit, to wit:
Q73: Your wife says you are an absentee father and that last October 2012,
you came to Dumaguete in an attempt to insist and re-insert your role as husband
and father to your wife and to your son, what can you say about this?
AQ73: That’s not true.
Q74: What do you mean?
AQ:74: From February to August 2012, I was being treated for diabetes and
because finances were already at all time low as a result of treatments, I was forced
to stay in Manila. x x x
Respondent here remained in Manila where his family, wife and son are in
Dumaguete. In times of sickness, it will be your wife who will be taking care of the
husband and since petitioner chose to be with his mother in Manila, he was away
from his wife and son during his entire medication period.
Based on the psychiatric evaluation of an expert opinion, Dr. Jose Perpetuo
Lozada that Rogel V. Heniel is suffering from Psychological Incapacity to comply
with the essential marital obligations in marriage that originated from his Antisocial
Personality Disorder. This psychiatric disorder is deeply ingrained , pervasive,
recurrent, maladaptive pattern of behavior that does not recognize the rights of
others. He is the youngest of three all male siblings and the favorite of his mother.
After his father died, the entire family got out of control starting with Rogel’s
mother. They have their respective vices and spending their inheritance in a very
extravagant manner until they became bankrupt.
In marriage, this manifested as inability to understand his commitment and
intimacy that is required in the relationship. He manifested a deficit in planning and
judgment has poorly formed conscience, failure in empathy, love and basic trust
that his loving wife deserved. He showed prominence of aggression against his wife
through psychological and emotional abuse, and does not support his wife
financially, psychologically and emotionally. This is a clear manifestation of
Psychological Incapacity to comply with the essential marital obligations in
marriage.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this
Honorable Court that after due proceedings:
1. Render judgment declaring the marriage contracted by petitioner and
respondent on August 11, 2006 as null and void by reasons of respondent’s
psychological incapacity to comply with his essential marital obligations, with all its
effects as provided for in Article 50 of E.O. No. 209 of the Family Code of the
Philippines.
2. Custody of the minor child Prince Rogel R. Heniel, now 11 years old, who
will be turning 12 this April 27, 2019 shall be vested solely in petitioner and
respondent.