NextGen Day

MANILA – A physician’s petition to revisit the annulment of his 35-year marriage was denied by the Court of Appeals (CA) because the asserted condition of psychological incapacity was not compelling.

In 2017, the Imus, Cavite Regional Trial Court Branch 22 dismissed Dr. Noel Fabian’s annulment request, which was later upheld by the CA on May 11.

Fabian claimed in his application for reconsideration that he preferred to spend time with his friends over his family, that he had extramarital affairs, and that he would always be domineering and controlling of his wife.

Those are “severe and definitely demonstrative of his incapacity to grasp the significance of marriage,” according to him.

He produced a psychiatric assessment indicating that he suffers from Obsessive-Compulsive Personality Disorder, preventing him from fulfilling basic marital obligations to his wife, with whom he has three children.

The doctor’s arguments were not compelling to the court.

“As this Court understands it, the petitioner-propensity appellant’s to be with his friends, infidelity, and controlling attitude toward his wife do not approach to the degree of psychological incompetence that would justify the nullification of the parties’ marriage,” the court wrote.

Psychological incapacity, it continued, “refers exclusively to the most serious cases of personality disorders plainly demonstrating a total insensitivity or inability to provide meaning and purpose to the marriage.”

“We reaffirm that irreconcilable differences, sexual adultery or perversion, emotional immaturity and irresponsibility, and the like, do not by themselves justify a judgment of psychiatric incapacity,” the judgment stated.

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