LEONORA O. DELA CRUZ-LANUZA, PETITIONER, VS. ALFREDO M. LANUZA, JR. AND THE REPUBLIC OF THE PHILIPPINES, RESPONDENTS.

Leonora testified that he met Alfredo at work and got married. She claimed that, although their married life started smoothly, Alfredo later showed signs of psychological incapacity which led to the marriage’s breakdown. He 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 married Mary Ann Makalintal in Quezon City and in 2000, married Jane Alejo as shown by pictures posted on Facebook. 

Leonera then 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. However, he only stayed for less than an hour.

Psychological incapacity is neither a mental incapacity nor a personality disorder that must be proven through expert opinion. There must be proof, however, of the durable or enduring aspects of a person’s personality, called “personality structure,” which manifests itself through clear acts of dysfunctionality that undermines the family. The spouse’s personality structure must make it impossible for him or her to understand and, more important, to comply with his or her essential marital obligations.

Further, Articles 68 to 73 of the Family Code provide for the rights and obligations between husband and wife. In particular, Article 68 states:

Article 68. The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support.

Psychological incapacity consists of clear acts of dysfunctionality that show a lack of understanding and concomitant compliance with one’s essential marital obligations due to psychic causes. It is not a medical illness that has to be medically or clinically identified; hence, expert opinion is not required.

In this case, the pieces of evidence presented by the petitioner sufficiently establish the psychological incapacity of the respondent; he left his family in 1994 and appears to have contracted marriage several times, with different women. He never gave financial support to his children and only visited them once, for less than an hour. These indicate that the respondent did not understand his obligations as a husband and father.