Doomed from inception

This case is about the marriage of Chit and Alan. The main issue here is whether the lack of personal examination or interview of the spouse allegedly suffering from psychological incapacity, by the clinical psychologists and psychiatrist, invalidates their testimonies and render their reports, hearsay.

Chit met Alan in 1972 when they were both 19 years, at the State University campus where they were classmates in one subject. Chit was initially attracted to Alan because Alan was free spirited and bright although he did not follow conventions and traditions. So their casual acquaintance quickly developed into a boyfriend-girlfriend relationship especially because they saw each other every day and drove home together from school since they both resided in the same city.

Chit was easily impressed and enjoyed Alan’s style of courtship which included dining out often unlike sweethearts their age who had budget constraints. Chit’s good impression was apparently because Alan’s family owned a famous chain of restaurants where he worked. This impression was not diminished even if Alan had the habit of cutting classes and was taking marijuana.

On December 5, 1976, the year following Chit’s graduation and her father’s death, she married Alan. At that time she was already 5 months pregnant and working. The newlyweds live with Alan’s parents who shouldered all living expenses. The couples’ earnings were spent solely for their personal needs. Initially, Alan gave Chit a monthly allowance of P1, 500.

When their first child was born on March 22, 1977, financial difficulties started as Alan stopped handing his salary to Chit and giving her the monthly allowance because Alan had resigned from his job in the family restaurant due to slow business. Alan ventured into trading of sea foods, supplying hotels and his family’s restaurants thus taking him away from his young family for days on end without communication. Chit simply endured the setup hoping it would improve.

But it did not. So Chit suggested that they live separately from her in-laws to prod Alan into assuming more responsibility. But as she struggled to make both ends meet being the sole income earner, Alan’s business floundered followed by another unsuccessful venture. Compounding the family’s financial woes and further straining of their relationship was Alan’s indifference to his family.

After two years of struggling, the spouses transferred to Chit’s mother. But this just further estranged their relationship as Chit continued to carry the burden of supporting the family in all aspects. In 1986, after suffering a miscarriage, Chit gave birth to their third son, but Alan did not even bother to inquire about the health of mother and child or find out how the hospital bills were settled.

Then in 1989 Alan’s business stopped operations due to financial reverses. Another business he set up thereafter also failed, adding to the trail debts which hounded not only Alan but also Chit and led to further deterioration of the relationship.

This was further aggravated in 1996 when Chit learned that Alan was having an extra marital affair with his former secretary. Chit thus realized that Alan was not only unable to provide for their family but, more importantly, was remiss in his obligation to remain faithful to her and their family. Then when Chit had a surgical operation for the removal of a cyst, Alan remained unconcerned and un-attentive, reading newspaper and playing dumb even as Chit requested him to accompany her to the operating room. This lack of concern was the last straw that broke their marriage although Chit still made a string of “final attempts to salvage it by approaching Alan’s siblings and asking for their intervention.

In response, Alan’s elder brother Aldo and the latter’s wife invited and sponsored the couple to take the marriage encounter weekend and attend counseling sessions. But no improvement came as Alan remained uncooperative. In 1997 Aldo brought Alan to Dr. ND, a clinical psychologist, for a psychological assessment to determine the benchmarks of current psychological functioning of Alan. But as with all other attempts to help him, Alan resisted and did not accede to undergo psychotherapy.

Hence Chit told Alan to move out of their house and informed his siblings about it. Alan acquiesced to give space to Chit. But Alan’s relationship with Chit and their children did not improve. So in 2001 Chit finally filed before the RTC a petition for declaration of nullity of her marriage with Alan on the ground of the latter’s psychological incapacity to fulfill the essential marital obligations under Article 36 of the Family Code (FC).

Alan denied Chit’s allegations and maintained that he was not remiss in performing his obligations to his family—both as a spouse to Chit and as a father to their children.

At the trial, the testimonies of two clinical psychologists, Dr. ND and Dr. EM , and a psychiatrist, Dr. CV were presented in evidence. The RTC relied heavily on the oral and documentary evidence of the three experts and declared the marriage of Chit and Alan void. (To be continued)

Note: Books containing compilation of my articles on Labor Law and Criminal Law (Vols. I and II) are now available. Call Tel. 7249445.

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