G.R. No. 166579, February 18, 2010
Jordan Chan Paz
vs Jeanice Pavon
Ponente: Carpio
Facts:
In 1996, Jordan and Jeanice met when Jeanice was 19 and Jordan was 27. They had their civil wedding in 1997. They have one son, who was born on 1998. After a big fight, Jeanice left their conjugal home on 1999.
Jeanice then filed a petition for declaration of nullity of marriage against Jordan alleging that Jordan was psychologically incapable of assuming the essential obligations of marriage; manifested by Jordan's tendency to be self-preoccupied and violent.
Psychologist Cristina R. Gates (Gates) testified that Jordan was afflicted with “Borderline Personality Disorder as manifested in his impulsive behavior, delinquency and instability.”[5] Gates concluded that Jordan’s psychological maladies antedate their marriage and are rooted in his family background. Gates added that with no indication of reformation, Jordan’s personality disorder appears to be grave and incorrigible.
Jordan denied Jeanice allegations and denied any interview or psychological tests by Gates.
RTC Ruling: granted Jeanice petition.
Jordan then filed a notice of appeal which was promptly approved. Jeanice filed a motion to dismiss with the court of appeals.
CA: dismissed Jordan's appeal and the next motion for reconsideration. Hence, this petition.
Issue: Whether Jordan is incapacitated to comply with the marital obligations.
Held: Petition has merit.
Jeanice failed to prove Jordan's incapacity. Saying that psychological incapacity must be characterized by gravity, judicial antecedence and incurability.
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