David Dedel (petitioner) vs CA (Sharon Dedel, private respondent)
G.R. No. 151867, January 29, 2004
Ynares-Santiago, J.
Doctrine: Sexual infidelity is not a psychological incapacity.
Facts: David and Sharon got married in 1966 and blessed with four children. Right after, David discovered that
Sharon is an irresponsible wife and mother because she was having several extra-marital affairs with different
men particularly with a Jordanian national named Ibrahim Mustafa. She even married Ibrahim and had two
children with him. Sharon attempted to go back to David where he eventually accepted her. However, Sharon left
and lived with Ibrahim. David alleged that Sharon is psychologically incapacitated, and Dr. Dayan found that
Sharon was suffering from Anti-Social Personality disorder exhibited and showed by her blatant display of
infidelity and had no capacity for remorse. RTC declared the marriage null and void. However, OSG appealed.
CA ordered the dismissal of the declaration of the nullity of the marriage. Hence, this petition.
Issue: Whether or not psychological incapacity has been proven.
Ruling: No. The Court held that the evidence was not sufficient. Sharon’s sexual infidelity does not constitute
psychological incapacity nor does it constitute other forms of psychoses which if existing at the inception of
marriage, merely renders the marriage contract voidable pursuant to Article 46 of the Family Code. Sexual
infidelity cannot be appreciated in favor of the dissolution of marriage.
Petition denied. CA decision affirmed.