Home » Post Item » Flirting, Promiscuity and Nymphomania not ground for declaration of psychological incapacity

Flirting, Promiscuity and Nymphomania not ground for declaration of psychological incapacity

September 1, 2008

It is the policy of our Constitution to protect and strengthen the family as the basic autonomous social institution, and marriage as the foundation of the family. The Constitution decrees marriage as legally inviolable and protects it from dissolution at the whim of the parties.  Not even allegation of sexual deviance of a spouse such as flirting, promiscuity and nymphomania cannot be grounds for declaration of nullity of marriage when not supported by facts.  This was the decision rendered by the Supreme Court in the case of Navales vs Navales, G.R. No. 167523, June 27, 2008.

Facts:  

Reynaldo married Nilad who was a single mother and known as waitress in a local bar.  The first year of marriage of the couple was peaceful but problems between them arose when Nilda worked as aerobics instructor in a gym where Nilda’s flirtatiousness and promiscuity recurred.  According to Reynaldo, Nilda wore tight-fitting outfits, allowed male clients to touch her body, and introduced herself as single. Reynaldo received phone calls from different men looking for Nilda. There was also a time when Nilda chose to ride with another man instead of Reynaldo; and another when Nilda went home late, riding in the car of the man who kissed her. Reynaldo also claims that Nilda refused to have a child with him, as it would destroy her figure.  Due to these, Reynaldo left Nilda and never reconciled with her again.

On August 30, 1999, Reynaldo filed a Petition for Declaration of Absolute Nullity of Marriage and Damages before the RTC, Toledo City, Cebu, docketed as Civil Case No. T-799 claiming that his marriage with Nilda did not cure Nilda’s flirtatiousness and sexual promiscuity, and that her behavior indicates her lack of understanding and appreciation of the meaning of marriage, rendering the same void under Article 36 of the Family Code.

Among the evidence Reynaldo presented are the following:

Telephone directories showing that Nilda used her maiden name “Bacon” instead of “Navales”;

 Josefino Ramos, who testified that he was with Reynaldo when Reynaldo first met Nilda at the bar called “Appetizer,” and that he (Ramos) himself was attracted to Nilda since she was sexy, beautiful, and jolly to talk with.

Violeta Abales, his cousin, who testified that she was a vendor at the YMCA where Nilda worked and was known by her maiden name; that she knows Nilda is sexy and wears tight fitting clothes; that her companions are mostly males and she flirts with them; and that there was one time that Reynaldo fetched Nilda at YMCA but Nilda went with another man, which angered Reynaldo.

Leticia Vatanagul, a Clinical Psychologist and Social Worker who drafted a Psychological Assessment of Marriage dated March 28, 2001. In said Assessment, Vatanagul concluded that Nilda is a nymphomaniac, who has a borderline personality, a social deviant, an alcoholic, and suffering from anti-social personality disorder, among others, which illnesses are incurable and are the causes of Nilda’s psychological incapacity to perform her marital role as wife to Reynaldo.

Issue:

Whether nymphomania, promiscuity and flirting are grounds for declaration of nullity of marriage under psychological incapacity?

Ruling:

On the merits, the Court finds that the totality of evidence presented by Reynaldo, contrary to its appreciation by the RTC and the CA, is insufficient to sustain a finding that Nilda is psychologically incapacitated.

Psychological incapacity, in order to be a ground for the nullity of marriage under Article 36 of the Family Code, refers to a serious psychological illness afflicting a party even before the celebration of marriage. It is a malady that is so grave and permanent as to deprive one of awareness of the duties and responsibilities of the matrimonial bond one is about to assume.

In Santos v. Court of Appeals, the Court held that psychological incapacity must be characterized by (a) gravity, (b) juridical antecedence, and (c) incurability. In Republic of the Philippines v. Molina, the Court further set forth guidelines in the interpretation and application of Article 36 of the Family Code, thus:

  1. The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity. x x x

  2. The root cause of the psychological incapacity must be: (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision. Article 36 of the Family Code requires that the incapacity must be psychological — not physical, although its manifestation and/or symptoms may be physical. The evidence must convince the court that the parties, or one of them, was mentally or psychically ill to such an extent that the person could not have known that obligations he was assuming, or knowing them, could not have given valid assumption thereof. Although no example of such incapacity need be given here so as not to limit the application of the provision under the principle ejusdem generis, nevertheless such root cause must be identified as a psychological illness and its incapacitating nature fully explained. Expert evidence may be given by qualified psychiatrists and clinical psychologists.

  3. The incapacity must be proven to be existing at “the time of the celebration” of the marriage. The evidence must show that the illness was existing when the parties exchanged their “I do’s”. The
    manifestation of the illness need not be perceivable at such time, but the illness itself must have attached at such moment, or prior thereto.

  4. Such incapacity must also be shown to be medically or clinically permanent or incurable. Such incurability may be absolute or even relative only in regard to the other spouse, not necessarily absolutely against everyone of the same sex. Furthermore, such incapacity must be relevant to the assumption of marriage obligations, not necessarily to those not related to marriage, like the exercise of a profession or employment in a job. x x x.

  5. Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage. Thus, “mild characteriological peculiarities, mood changes, occasional emotional outbursts” cannot be accepted as root causes. The illness must be shown as downright incapacity or inability, not a refusal, neglect or difficulty, much less ill will. In other words, there is a natal or supervening disabling factor in the person, an adverse integral element in the personality structure that effectively incapacitates the person from really accepting and thereby complying with the obligations essential to marriage.

  6. The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the same Code in regard to parents and their children. Such non-complied marital obligation(s) must also be stated in the petition, proven by evidence and included in the text of the decision.

  7. Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts. x x x.

In this case, Reynaldo and his witnesses sought to establish that Nilda was a flirt before the marriage, which flirtatiousness recurred when she started working as an aerobics instructress. The instances alleged by Reynaldo, i.e., the occasion when Nilda chose to ride home with another man instead of him, that he saw Nilda being kissed by another man while in a car, and that Nilda allowed other men to touch her body, if true, would understandably hurt and embarrass him. Still, these acts by themselves are insufficient to establish a psychological or mental defect that is serious, incurable or grave as contemplated by Article 36 of the Family Code.

 Indeed, irreconcilable differences, sexual infidelity or perversion, emotional immaturity and irresponsibility, and the like, do not by themselves warrant a finding of psychological incapacity under Article 36, as the same may only be due to a person’s refusal or unwillingness to assume the essential obligations of marriage and not due to some psychological illness that is contemplated by said rule.



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