Friday, December 16, 2011

Camacho- Reyes v. Ramon Reyes, G.R. No. 185286,   August 18, 2010

FACTS: A and B got married. Their marriage was rocky because B did not support his wife, nor did he take good care of his children. B entered into a lot of business ventures but all were unsuccessful adding to the problems in their marriage. A sought to have the marriage annulled on the ground of psychological incapacity (Article 36).

RTC -ruled that there is Psychological Incapacity

Marriage annulled

ISSUE: WON a finding that Psychological Incapacity is curable will not warrant a petition for annulment of marriage under Art. 36?

Upon recommendation of one of the psychiatrists that the psychological incapacity is curable because B is referred for “psychological evaluation to determine benchmarks of current psychological functioning” - WRONG

RATIO: A recommendation for therapy does not automatically imply curability. In general, recommendations for therapy are given by clinical psychologists, or even psychiatrists, to manage behavior. Dr. Dayan’s recommendation that respondent should undergo therapy does not necessarily negate the finding that respondent’s psychological incapacity is incurable. Moreover, Dr. Dayan, during her testimony, categorically declared that respondent is psychologically incapacitated to perform the essential marital obligations.

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