Dumpit, Julian Jerome E.
OCHOSA v. ALANO
G.R. No. 167459 | January 26, 2011 | LEONARDO-DE CASTRO, J.
Caption:
JOSE REYNALDO B. OCHOSA, Petitioner,
vs.
BONA J. ALANO and REPUBLIC OF THE PHILIPPINES, Respondents.
Doctrine:
ARTICLE 36 of the Family Code
Facts:
- JOSE OCHOSA, an military man serving in the AFP, MARRIED BONA ALANO on
OCTOBER 27, 1973. Their marriage PRODUCED NO OFFSPRING, and in 1976,
they found an abandoned and neglected one-year-old baby girl whom they later
registered as their daughter, naming her Ramona Celeste Alano Ochosa. Due to the
nature of his work, OCHOSA would be reassigned to multiple locations throughout
the country.
- It was during these times that when Ochosa was away, Alona would be witnessed to
have ENGAGED IN EXTRAMARITAL AFFAIRS this was eventually made known
to Ochosa.
- OCHOSA sought to nullify the marriage on the basis of ALONA’S
PSYCHOLOGICAL INCAPACITY to fulfill her marital obligations. This was
attested by lay witnesses as well as testimony from an expert witness. A psychiatrist.
ALONA did not respond to the petition and was instead represented by the Office of
the Solicitor General on her behalf.
- The TRIAL COURT ORDERED the nullification of the marriage but was reversed on
appeal. The CA cited that the burden of proof or standard to prove incapacity was not
met. The tests are as follows: GRAVITY, ANTECEDENCE, and INCURABILITY.
Issue:
Whether or not OCHOSA’S allegation of psychological incapacity rises to the standard
required to invoke Article 36 in nullifying his marriage with ALANO.
Ruling:
The petition was DENIED, and the CA’s reversal was affirmed. The court cited several
jurisprudence in substantiating its decision stating that while the court is aware of the
suffering caused by Alona’s “shocking behavior” throughout the marriage, it cannot override
precedence as the law did not intend the provision to be catch-all for a form of divorce. The
law still favors the protection and validity as much as possible, requiring very strict scrutiny
of the grounds for voiding of marriages.