GR No. 173138 - Noel
Baccay v. Maribel Calderon Baccay and Republic of the Philippines
Promulgated:
December
1, 2010
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CONCURRING OPINION
SERENO,
J.:
Justice Eduardo Caguioa, member of the
Civil Code Revision Committee that drafted the Family Code, explained that the
definition of psychological incapacity “has been left [by the Family Code] for
the determination by the judges since to define it in the Code would be
straight-jacketing the concept.”[1]
I disagree with the wisdom of leaving
to the judiciary the task of defining psychological incapacity. The legislature
should have provided clear standards that the judiciary can apply even while
the latter takes into account the peculiar circumstances of each case brought
before it. However, I recognize that it has been twenty-two (22) years since
the Family Code took effect and so much water has passed under the bridge. It
is not an ideal situation and is not compatible with the constitutional design
of the division of labor among the three great branches of government. The
situation speaks poorly of the ability of the legislature to provide sufficient
legal standards for application by the judiciary of a law as important as the
law on declaration of nullity of marriages.
To clarify the meaning of Article 36,
we need to look closely at its origin and the journey it has gone through in
the courts. Article 36
of the Family Code was taken from paragraph 3 of Canon 1095 of the New Code of
Canon Law which took effect on 27 November 1983.[2] The Court at one
time explained the essence of “psychological incapacity” under the Family Code
by referring to Canon Law discussions comparing marriage in the context of the
psychological incapacity of one of the parties to a contract between the
parties to sell a house, which, unknown to both, had already burned down. In
such a case, “the consent may indeed be free, but is juridically ineffective
because the party is consenting to an object that he cannot deliver. The house
he is selling was gutted down by fire.”[3]
Refining
the concept, we held in Santos v. Court of Appeals[4]
that psychological incapacity must be characterized by (a) gravity – the
incapacity must be grave or serious, such that the party would be incapable of
carrying out the ordinary duties required in marriage; (b) juridical
antecedence – it must be rooted in the party's history antedating the marriage,
although overt manifestations may emerge only after the marriage; and (c)
incurability – it must be incurable or, even if it were otherwise, the cure
must be beyond the means of the party involved.[5]
After observing
that Article 36 was being abused as a convenient divorce law,[6]
the Court laid down the procedural requirements for its interpretation and
application in Republic v. Court of Appeals and Molina.[7]
While a majority concurred in the decision, three justices concurred only
“in the result” and another three rendered their individual Separate Opinions.[8]
Justice Padilla warned that “each case must be judged, not on the basis of a
priori assumptions, predilections or generalizations but according to its
own facts.” Justice Vitug preferred the earlier simpler legal standard set in Santos
v. Court of Appeals.
In Antonio v. Reyes,[9] the Court reinstated the trial court's declaration of nullity of the subject marriage based on “the totality of the evidence,” with the caveat that “Molina is not set in stone, and that the interpretation of Article 36 relies heavily on a case-to-case perception.” We held that granting a petition for declaration of nullity of marriage based on Article 36 is not incompatible with the Constitution's recognition of the sanctity of the family. Rather, it “should be deemed as an implement of this constitutional protection of marriage. Given the avowed State interest in promoting marriage as the foundation of the family, which in turn serves as the foundation of the nation, there is a corresponding interest for the State to defend against marriages ill-equipped to promote family life.”
In Ngo Te v. Yu-Te,[10]
after tracing the origin and development of jurisprudence relating to Article
36, the Court noted that “(t)he resiliency with which the concept should be
applied and the case-to-case basis by which the provision should be
interpreted, as so intended by its framers, had, somehow, been rendered
ineffectual by the imposition of a set of strict standards in Molina.
... Far from what was intended by the Court, Molina has become a
strait-jacket, forcing all sizes to fit into and be bound by it. Wittingly or
unwittingly, the Court, in conveniently applying Molina, has allowed diagnosed sociopaths,
schizophrenics, nymphomaniacs, narcissists and the like, to continuously debase
and pervert the sanctity of marriage. ... The Court need not worry about the
possible abuse of the remedy provided by Article 36, for there are ample
safeguards against this contingency .... The Court should rather be alarmed by
the rising number of cases involving marital abuse, child abuse, domestic
violence and incestuous rape.”
In Ting v. Velez-Ting,[11]
the Court clarified that “(f)ar from abandoning Molina, we simply
suggested the relaxation of the stringent requirements set forth therein.”
Requiring petitioner to allege in the petition the particular root cause of the
psychological incapacity and to attach thereto the verified written report of
the accredited psychologist or psychiatrist proved to be too expensive and
adversely affected poor litigants' access to justice. This was the finding of
the Committee on the Revision of the Rules on the rationale of the Rule on
Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable
Marriages (A.M. No. 02-11-10-SC).
In
Azcueta v. Republic of the Philippines and Court of Appeals, we then
concluded that “(w)ith the advent of Te v. Te, the Court encourages a reexamination of
jurisprudential trends on the interpretation of Article 36, although there has
been no major deviation or paradigm shift from the Molina doctrine.”[12]
In
this instance, whether we apply the Molina standard or a more relaxed
interpretation and application of Article 36, petitioner was
unable to prove his case with preponderant evidence. Since the presumption in
favor of the validity of marriage[13]
was not ably rebutted, this presumption prevails. I therefore concur in the Decision
denying the Petition, but I reach this conclusion based solely on the
insufficiency of the evidence presented by petitioner. However, I disagree with the import this
Decision conveys that Molina, in its
undiluted form, should be reiterated and emphasized in this case. Had the case
gone forward to a choice between the strict application of Molina and
the more recent decisions cited, I would have submitted that a second hard look
at Molina is warranted.
MARIA LOURDES
P. A. SERENO
Associate Justice
[1] Proceedings of the Public Hearing on the Family
Code, 3 February 1988, p. 7.
[2]
Justice Alicia Sempio-Diy, Handbook on
the Family Code of the Philippines (1997).
[3] Edward Kenneth Ngo Te vs. Rowena Gutierrez Yu-Te, G.R. No. 161793, 13 February 2009, 579 SCRA 193.
[4]
310 Phil. 22 (1995).
[5]
The Court adopted the opinion of Justice
Sempio-Diy, who in turn cited the work of Dr. Gerardo Veloso, former Presiding
Judge of the Metropolitan Marriage Tribunal of the Catholic Archdiocese of
Manila (Branch I).
[6]Brenda Marcos v. Wilson Marcos, G.R. No. 136490,
19 October 2000, 343 SCRA 755.
[7]G.R. No. 108763, 13 February 1997, 268 SCRA
198.
[8] Edward Kenneth Ngo Te vs. Rowena Gutierrez
Yu-Te, G.R. No. 161793, 13
February 2009, 579 SCRA 193.
[9]G.R. No. 155800, 10 March 2006, 484 SCRA 353.
[10]G.R. No. 161793, 13 February 2009, 579 SCRA
193.
[11] G.R. No. 166562, 31 March 2009.
[12] G.R. No. 180668, 26 May 2009.
[13] Carating-Siayngco
v. Siayngco, G.R. No. 158896, 27
October 2004, 441 SCRA 422.