Fernando Clavecilla vs Marivic Clavecilla

G.R. No. 228127 – Civil Law – Persons and Family Relations – Family Code – Void Marriages – Psychological Incapacity – Either Spouse May File Petition – Psychologically Incapacitated Spouse May File Petition

Remedial Law – Special Proceedings – Declaration of Nullity of Marriage – Proper Party

In 1988, after a year of courtship, Fernando Clavecilla married Marivic who then used the surname Clavecilla. They had a child in 1993. In 2006, Fernando filed a petition for the declaration of his marriage with Marivic on the ground that Marivic is psychologically incapacitated as manifested by her being carefree, jobless, and irresponsible. Interestingly, the psychological evaluation report submitted by Fernando points at him as the spouse who is psychologically incapacitated. No such findings was found on Marivic. In her Answer, Marivic opposed the Petition as she averred that Fernando is coming to court with unclean hands because he only initiated the petition in order to marry his lover and that he is the one who is psychologically incapacitated. The trial court granted Fernando’s petition on the ground that even though Fernando failed to prove Marivic’s psychological incapacity, there is clear and convincing evidence presented to prove his psychological incapacity to perform the essential marital obligations. The CA reversed the decision of the RTC.

ISSUE: Whether or not a psychologically incapacitated spouse may initiate a petition for the declaration of his or her marriage based on psychological incapacity.

HELD: Yes. Either spouse, whether psychologically incapacitated or not, may initiate a petition to declare the nullity of their marriage. The law only requires that the petition contains specific allegations of the incapacity of either or both spouses from complying with the essential marital obligations. The doctrine of unclean hands will not bar a psychologically incapacitated spouse from filing such petition. This is allowed under the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages which provides that “A petition under Article 36 of the Family Code shall specifically allege the complete facts showing that either or both parties were psychologically incapacitated from complying with the essential marital obligations of marriages at the time of the celebration of marriage even if such incapacity becomes manifest only after its celebration.”

The principle of unclean hands should not prevent a psychologically incapacitated spouse from initiating a proceeding to annul a marriage. This is because there is no party at fault in case of annulment of marriage based on psychological incapacity. Culpability cannot be imputed on the part of the spouse said to be psychologically incapacitated since it is not deliberate or intentional on his or her part to possess such personality trait. By reason of psychological incapacity, it cannot be said that bad faith had motivated the afflicted spouse to enter into a marriage or to even seek for a declaration of its nullity. It must be emphasized that the unclean hands doctrine only avails in cases of inequity, which does not exist in a marriage sought to be annulled on the basis of psychological incapacity of a spouse to comprehend and discharge the concomitant marital obligations.

In this case however, Fernando failed to prove that he is indeed psychologically incapacitated. Firstly, Marivic was able to present proof belying Fernando’s imputations against her. Secondly, Fernando relied on the report of his psychologist, but there was nothing in the report which indicated a pattern indicating Fernando’s inability to perform the essential spousal obligations. The report merely provided a general description of Fernando’s family background without explaining how his relationship with his family, and even significant experiences during childhood, may have affected his personality structure. Being the youngest in the family with parents who want him to be strong and not pathetic, would not suffice to convince the Court that such aspirations from his parents would affect, later on, his interpersonal relationships and inability to comprehend and discharge spousal duties.

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