Legal Research - Case Digest - Hernandez v. CA, GR No. 126010
Legal Research - Case Digest - Hernandez v. CA, GR No. 126010
Petitioner also added in her petition full custody of her three children, Php 9,000 monthly financial
support for the children, sole ownership of the parcel of land purchased during their marriage as well
as of the jeep which private respondent took when he left his family.
RTC dismissed the petition. This decision was affirmed by the CA.
Issue
(WoN, question that the court must decide to resolve, rule of law that governs the dispute)
Whether or not the respondent was psychologically incapacitated at the time of his marriage to the
petitioner
Ruling
(answer to the issue, supported by the court’s reasoning explaining and supporting the decision)
The petitioner failed to provide evidence proving that the respondent was psychologically
incapacitated. The respondent’s habitual alcoholism, womanizing and cohabitation with those he’s had
extra-marital affairs with do not constitute psychological incapacity. Art. 36 of the Family Code
requires that incapacity must be psychological, not physical, although the manifestations or symptoms
are physical.
As for the other claims prayed for by the petitioner, the Court believed that those should be litigated
in a separate proceeding for legal separation, dissolution of property regime, and/or custody of
children.
Judgment affirmed.