Pesca v. Pesca Case Digest, G.R. No. 136921, April 17, 2001

Pesca v Pesca Case Digest

Pesca v Pesca Case Digest



The case at bar is a petition for certiorari of the Decision of the Court of Appeals.

The petitioner and respondent were married and had four children.

Lorna filed a petition for a declaration of nullity of their marriage on the ground of psychological incapacity on the part of her husband.

She alleged that he is emotionally immature and irresponsible. He was cruel and violent. He was a habitual drinker. Whenever she tells him to stop or at least minimize his drinking, her husband would hurt her.

There was even a time when she was chased by a loaded shotgun and threatened to kill her in the presence of their children. The children also suffered physical violence.

Petitioner and their children left the home. Two months later, they returned upon the promise of the respondent to change. But he didn’t. She was battered again. Her husband was imprisoned for 11 days for slight physical injuries.

Petitioner sued respondent before the Regional Trial Court for the declaration of nullity of their marriage invoking psychological incapacity.

The trial court declared their marriage to be null and void ab initio on the basis of psychological incapacity on the part of respondent and ordered the liquidation of the conjugal partnership.

Respondent appealed the decision of the trial court to the Court of Appeals, which in turn reversed the decision of the trial court. Thus, the marriage of respondent and petitioner still subsists.



Whether or not the guidelines for psychological incapacity in the case of Republic vs CA & Molina should be taken in consideration in deciding in this case.



In the Molina case, guidelines were laid down by the SC . It would fall under the category of psychological incapacity to declare a marriage null and void. This decision has the force and effect of law. These guidelines are mandatory in nature.

Petition denied.

Pesca v Pesca Case Digest

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