Photo from Pexels | cottonbro studio
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
In the case of Lanuza v. Lanuza, G.R. No. 242362, April 17, 2024, the Supreme Court held that unjustified absence from the marital home for decades may be considered as part of the totality of evidence that a person is psychologically incapacitated to comply with the essential obligations of marriage.
Leonora was married to Alfredo in June 1984. They have four children together. In her petition, Leonora said that although their marriage contract states that a marriage license was secured from the Local Civil Registry of Imus, she did not secure any such license, nor did she appear before the same.
She claimed that, although their married life started smoothly, Alfredo later showed signs of psychological incapacity which led to the marriage’s breakdown.
Alfredo would come home late or early morning after a night out with friends. He neglected his duty and did not provide food for the family. He treated Leonora as an ordinary occupant of the house, not as his wife. Alfredo also engaged in illicit affairs.
In 1994, Alfredo and Leonora separated. In the same year, Alfredo got married. Thereafter, Leonora filed a complaint for bigamy against Alfredo. However, the complaint for bigamy was archived because Alfredo could not be found.
Alfredo was a police officer, but was dismissed from service after he went on AWOL because of the bigamy case. The mail sent by Leonora’s counsel to Alfredo was returned with a notation “deceased,” but there is no record regarding his death.
In 2000, Alfredo got married again. To support her allegation that Alfredo married two other women, Leonora attached a Certification issued by the PSA showing that the name Alfredo Jr. Mares Lanusa had three marriage records.
Leonora further testified that Alfredo abandoned his family and did not provide any financial support. The only instance when Alfredo visited his children was in 1999, during the recognition day in school.
Leonora underwent a psychological evaluation and the psychologist concluded that Alfredo was psychologically incapacitated to comply with his marital obligations.
Clinical Psychologist Ison was presented as an expert witness. He testified that he conducted a clinical interview and administered a battery tests on Leonora. He interviews Leonora’s sister and daughter. However, he was unable to assess Alfredo because he did not respond to the invitation.
Based on the data available, Ison concluded that Alfredo suffered from narcissistic personality disorder with underlying borderline personality traits.
The Supreme Court cited several jurisprudence where it pronounced that it is an accepted practice in psychiatry to base a person’s psychiatric history on collateral information, or information from sources aside from the person evaluated.
In cases where a psychiatric report is offered as an expert’s opinion, the psychiatric evaluation of the alleged incapacitated spouse is not indispensable. The psychiatric evaluation may be based on collateral information or other sources.
Ison explained that Alfredo grew up in somewhat favorable familial environment and he was deprived of appropriate parental supervision and guidance. His parents’ lenient and tolerable attitude encouraged him to become extremely assertive. He appears to overly emphasize his worthiness that he manifests a flamboyant behavior to satisfy his intense need for self-importance. His pompous attitude frequently annoys his immediate environment that he is unable to create an amiable atmosphere. He seemed to have an intense belief that he has all the potentials to obtain his desires. His sense of entitlement is very much striking. He has been so focused on his self-interest that he habitually creates situations to attain his demands. He goes to excessive lengths that he shows fearlessness and willingness to risk his character just to have his way, lacks remorse as he does things that put Leonora and his family to shame. The father is quite and a passive type of person.
From the foregoing, it is clear that Ison was able to explain how Alfredo’s personality disorder developed from his childhood and how it is correlated to his inability to fulfill his obligations as a husband and father.
His personality disorder appears to have been fostered by how he was raised by his family as he was deprived of appropriate parental supervision and guidance and his parents’ lenient and tolerable attitude encouraged him to become extremely assertive. This shows that there is juridical antecedent. His psychological incapacity developed during his formative years and existed prior to his marriage to Leonora.
The incurability of Alfredo’s personality disorder was also explained by Ison when he stated in his Judicial Affidavit those who are diagnosed with narcissistic personality disorder strongly deny that they are mentally ill, reject the idea of seeking professional help and therefore refuse any form of psychiatric treatment.
Alfredo’s infidelity, failure to give support to his wife and children, and unjustified absence from his family are all indicative that he is not cognizant of the duties and responsibilities of a husband and father.
Related Articles:
- Understanding Psychological Incapacity as a Ground for Nullification of Marriage
- Psychological violence in Anti-Violence Against Women and their Children
Click here to subscribe to our newsletter
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
All rights reserved.
