Civil Law

David Dedel vs Court of Appeals & Sharon Corpuz-Dedel

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G.R. No. 151867 – 421 SCRA 461 – Civil Law – Persons and Family Relations – Family Code – Article 46 vs Article 36 – Sexual infidelity is not psychological incapacity

In 1966, David Dedel and Sharon Corpuz married each other. They had four children since then. David then found out that Sharon is irresponsible as a wife and as a mother because during the marriage Sharon had extra-marital affairs with various other guys particularly with one Mustafa Ibrahim, a Jordanian, with whom she had 2 children. She even married Ibrahim. David averred that Sharon is psychologically incapacitated and David submitted the findings of Dr. Natividad Dayan which shows that Sharon is indeed psychologically incapacitated. Dr. Dayan found that Sharon was suffering from Anti-Social Personality Disorder exhibited by her blatant display of infidelity; that she committed several indiscretions and had no capacity for remorse, even bringing with her the two children of Mustafa Ibrahim to live with David.  Such immaturity and irresponsibility in handling the marriage like her repeated acts of infidelity and abandonment of her family are indications of Anti-Social Personality Disorder amounting to psychological incapacity to perform the essential obligations of marriage.

ISSUE: Whether or not Psychological Incapacity has been proven.

HELD: No. The evidence is not sufficient. Psychological Incapacity is intended to the most serious cases of personality disorders which make one incapable of performing the essential marital obligations. Sharon’s sexual infidelity does not constitute Psychological Incapacity nor does it constitute the other forms of psychoses which if existing at the inception of marriage, like the state of a party being of unsound mind or concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism, merely renders the marriage contract voidable pursuant to Article 46, Family Code.  If drug addiction, habitual alcoholism, lesbianism or homosexuality should occur only during the marriage, they become mere grounds for legal separation under Article 55 of the Family Code.  These provisions, however, do not necessarily preclude the possibility of these various circumstances being themselves, depending on the degree and severity of the disorder, indicia of psychological incapacity. Sexual infidelity is not one of those contemplated in law.  Until further statutory or jurisprudential parameters are set or established, Sexual infidelity cannot be appreciated in favor of the dissolution of marriage.

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