Infidelity is not incapacity

Are personal differences and quarrels, as well as sexual infidelity signs of personality disorder tantamount to psychological incapacity? This is answered in this case of Lino and Myra.

Lino and Myra were classmates. Initially there was no attraction between them. Later on however Lino became attracted to Myra when they found themselves seated together in a bus. Lino then courted Myra until they became sweethearts even though Lino already had a girlfriend. When Myra discovered Lino’s other relationship, she demanded to break it and devote more time and attention to her.

Eventually after 13 years of courtship, they got married both in a civil rite and later on in a church wedding on December 19, 1970.

As the years went by, Lino who came from a poor family with a gambling and womanizing father, and who just supported himself through college, got a job, worked hard and became a Senior Executive in an advertising company. But as he was successful in his work, his family relationship deteriorated as his marriage to Myra turned sour because of verbal and physical quarrels. The frequency of the quarrels increased when their eldest daughter transferred from one school to another due to juvenile misconduct until she had an unwanted pregnancy because she was spoiled by Lino. In fact Lino’s excess attention to his children that spoiled them became the source of the incessant quarreling between him and Myra.

Longing for peace, love and attention, Lino developed another relationship with another woman. When Myra learned about it, Lino promptly terminated it. But their quarrels did not stop as a result of which their business ventures failed. Any amount of respect between them was further eroded by frequent quarrels in front of their friends. Feeling unloved, unwanted and un appreciated, Lino left the family home and stayed with his sister, he gave up all the properties that he and Myra accumulated during their marriage in favor of Myra and their children. Later he converted into Islam after dating several women.

On October 8, 2001, Lino decided to sever his marital bond with Myra by filing a petition for declaration of nullity of their marriage on the ground of his psychological incapacity to perform the essential responsibilities of marital life. To support his petition he presented the psychological report of a clinical psychologist which stated that he is suffering from “Antisocial Personality Disorder” characterized by a pervasive pattern of social deviancy, rebelliousness, impulsiveness, self centeredness, deceitfulness and lack of remorse which are rooted in his deep feelings of rejection from family and peers although there was no factual basis for such findings. To further support his petition, Lino also testified about his family background and his alleged misery and loneliness as a child.

After trial, the Regional Trial Court (RTC) granted his petition and declared the nullity of his marriage to Myra on the ground of psychological incapacity? Was the RTC correct?

No. The report of the psychologist failed to explain the root cause of Lino’s alleged psychological incapacity. She merely made a general conclusion that Lino is suffering from Anti-social Personality Disorder but there was no factual basis for finding that Lino is socially deviant, rebellious, impulsive, self-centered and deceitful.

The spouses’ frequent quarrels and differences in handling finances and managing their business as well their conflict on how to raise their children, are not manifestations of psychological incapacity which may be a ground for declaring their marriage void. Records show that Lino acted responsibly during their marriage and in fact worked hard to provide for the needs of his family. He even admitted that despite their financial difficulties they had happy moments together.

His tendency to womanize, assuming he had such a tendency was not shown to be due to causes of psychological disorder that is grave, permanent and incurable but appears to be more likely due to a general dissatisfaction with his marriage. In fact when Myra learned of his affair, he immediately terminated it. Sexual infidelity by itself is not sufficient proof that Lino is suffering from psychological incapacity. It must be shown that the acts of unfaithfulness are manifestations of a disordered personality which make him completely unable to discharge the essential marital obligations. This is not the case with Lino. So his claim of psychological incapacity must fail (Marable vs. Marable, G.R. 178741, January 17, 2011, 639, SCRA 557)

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