Joey’s annulment suit ‘fatally defective’

If Parañaque Mayor Joey Marquez loses his marriage annulment suit against fellow showbiz personality Alma Moreno, he only has himself to blame, according to the Office of the Solicitor General, the government agency tasked to oppose annulment cases.

Government lawyers told Parañaque City Judge Helen Ricafort that Marquez’ petition for nullity of marriage was "fatally defective" because it never even fully alleged that his wife of 12 years is "psychologically incapacitated."

In a 10-page pleading, Solicitor Noel Cezar Segovia said the grounds cited by Marquez, such as hostility, indifference and being a "spendthrift fond a lavish lifestyle," cannot be used as basis for invalidating a marriage.

"The petition (of Marquez) has not indubitably shown that Venesa Lacsamana Marquez (Alma’s real name) suffers from the psychological incapacity contemplated by Article 36 of the Family Code as a ground for annulment," Segovia said in the pleading.

"It is respectfully submitted that the matters cited by Marquez are not serious grounds amounting to psychological incapacity which disable her from being fully cognizant of her essential marital obligations and complying with the same," Segovia argued.

"Mere allegations of conflicting personalities, irreconcilable differences, incessant quarrels, mood swings, infidelities, neglect or failure in the performance of marital obligations, do not suffice to establish psychological incapacity," he said.

Psychological incapacity is the most commonly invoked argument in annulment cases, mainly because courts acknowledge that some spouses have "personality disorders" but this will have to be proven by experts and it will have to be "grave."

The government lawyer argued that Marquez has thus failed to prove that his wife was indeed psychologically incapacitated.

Neither did Marquez’ petition, the lawyer argued, show that this handicap is "medically or clinically permanent and incurable" nor is the illness "grave enough to bring about the disability of Moreno to assume the essential obligations of marriage."