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    Matias vs. Dagdag, G.R. No. 109975, February 9, 2001

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    Mariam Petilla
    Erlinda Matias filed a petition to nullify her marriage to Avelino Parangan on the grounds of psychological incapacity, claiming he would disappear for months at a time, force her to have sex against her will and physically abuse her when she refused. The court did not grant the petition because Erlinda failed to provide expert medical or psychiatric testimony about Avelino's alleged psychological incapacity as required. Additionally, allegations that Avelino was a fugitive from justice were not sufficiently proven to support nullifying the marriage.

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    Matias vs. Dagdag, G.R. No. 109975, February 9, 2001

    Uploaded by

    Mariam Petilla
    15 views1 page
    Erlinda Matias filed a petition to nullify her marriage to Avelino Parangan on the grounds of psychological incapacity, claiming he would disappear for months at a time, force her to have sex against her will and physically abuse her when she refused. The court did not grant the petition because Erlinda failed to provide expert medical or psychiatric testimony about Avelino's alleged psychological incapacity as required. Additionally, allegations that Avelino was a fugitive from justice were not sufficiently proven to support nullifying the marriage.

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    MATIAS VS DAGDAG 2.docx

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    Erlinda Matias filed a petition to nullify her marriage to Avelino Parangan on the grounds of psychological incapacity, claiming he would disappear for months at a time, force her to have sex against her will and physically abuse her when she refused. The court did not grant the petition because Erlinda failed to provide expert medical or psychiatric testimony about Avelino's alleged psychological incapacity as required. Additionally, allegations that Avelino was a fugitive from justice were not sufficiently proven to support nullifying the marriage.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    15 views1 page

    Matias vs. Dagdag, G.R. No. 109975, February 9, 2001

    Uploaded by

    Mariam Petilla
    Erlinda Matias filed a petition to nullify her marriage to Avelino Parangan on the grounds of psychological incapacity, claiming he would disappear for months at a time, force her to have sex against her will and physically abuse her when she refused. The court did not grant the petition because Erlinda failed to provide expert medical or psychiatric testimony about Avelino's alleged psychological incapacity as required. Additionally, allegations that Avelino was a fugitive from justice were not sufficiently proven to support nullifying the marriage.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Matias vs. Dagdag, G.R. No.

    109975, February 9, 2001


    FACTS: Erlinda Matias filed a petition for judicial declaration of nullity of marriage to
    Avelino Parangan on the ground of psychological incapacity under Art 36. He would
    disappear for months & reappear. He wld force his wife to submit sexual intercourse & if
    she refused, he wld inflict phy injuries. Erlinda learned that Avelino was imprisoned for
    some crime & that he escaped from jail.
    ISSUE: Shld the petition for judicial declaration of nullity of marriage on the ground of
    psychological incapacity under Art 36 be granted.
    HELD: NO. Erlinda failed to comply with guideline No. 2 which requires that the root
    cause of psychological incapacity must be medically or clinically identified and sufficiently
    proven by experts, since no psychiatrist or medical doctor testified as to the alleged
    psychological incapacity of her husband. Further, the allegation that the husband is a
    fugitive from justice was not sufficiently proven.

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