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Almelor Vs Rtc/Leonida Almelor (Kinds of Void Marriages - Psycholoogical Incapacity) Facts

Leonida filed to annul her 11-year marriage to Manuel, alleging psychological incapacity and concealment of homosexuality. She claimed Manuel was harsh, easily angered, and affectionate towards his mother. She also suspected he was homosexual after catching him kissing a male friend. Manuel denied the allegations. The court found insufficient evidence that Manuel concealed being homosexual when they married. Concealment, not homosexuality itself, can be grounds for annulment. But there was no proof of concealment, so the petition was denied.

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115 views2 pages

Almelor Vs Rtc/Leonida Almelor (Kinds of Void Marriages - Psycholoogical Incapacity) Facts

Leonida filed to annul her 11-year marriage to Manuel, alleging psychological incapacity and concealment of homosexuality. She claimed Manuel was harsh, easily angered, and affectionate towards his mother. She also suspected he was homosexual after catching him kissing a male friend. Manuel denied the allegations. The court found insufficient evidence that Manuel concealed being homosexual when they married. Concealment, not homosexuality itself, can be grounds for annulment. But there was no proof of concealment, so the petition was denied.

Uploaded by

Naif Omar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ALMELOR VS RTC/LEONIDA ALMELOR

(KINDS OF VOID MARRIAGES –PSYCHOLOOGICAL INCAPACITY)


FACTS:
On 29 January 1989, Manuel and Leonida Almelor got married. They are both medical
practitioners – an anesthesiologist and a pediatrician, respectively.
After 11 years of marriage, Leonida filed a petition with the RTC to annul their marriage
on the ground of psychological incapacity.
Leonlda stated that they first met at SLH as med student clerks and they became
sweethearts and after three years, they got married. At first, Manuel was kind and
gentle but in private life, Leonilda described him as harsh disciplinarian, unreasonably
meticulous, easily angered. These are the cause of their frequent fights as couple.
Respondent also alleged her husband that the latter has deep affection for his mother
and added her woes for his husband’s concealment to her of his homosexuality. Her
suspicions were proven by incidents where in she caught her husband kissing a male
friend. At that point, she took her children and left their conjugal abode. Since then,
Manuel stopped giving support to their children.
Leonida also presented a psychologist who proved that Mauel has psychological
incapacity.
On his part, Petitioner invokes that although he and Leonida had petty arguments, he
maintained that their marriage is harmonious. He countered that the true cause of
respondent’s hostility against him was their professional rivalry.
He also bellied all the allegations against him.
The RTC, in its disposition, granted the petition for annulment, however, not on the
ground of Art 36 but on Art 45 of the FC.
The CA likewise affirmed the decision of the RTC.
In this present case, Manuel argued that erred in its decision annulling the marriage on
the ground of psychological incapacity.
ISSUE: Whether or not the marriage between the two can be declared as null and void
due to fraud by reason of Manuel’s concealment of his homosexuality.
RULING:
Concealment of homosexuality, not homosexuality per se, is the proper ground to annul
marriage.
Citing RP v. Molina, the Court said “indeed, mere allegations of conflicting personalities,
irreconcilable differences, incessant quarrels and/or beatings, unpredictable mood
swings, infidelities, vices, abandonment, and difficulty, neglect or failure in the
performance of some marital obligations do not suffice to establish psychological
incapacity.
Evidently, no sufficient proof was presented to substantiate the allegations that Manuel
is a homosexual and that he concealed this to Leonida at the time of their marriage.
Even assuming that Manuel is a homosexual, the lower court cannot appreciate it as a
ground to annul his marriage with Leonida. The law is clear – a marriage may be
annulled when the consent of either party was obtained by fraud, such as concealment
of homosexuality.
Homosexuality per se is only a ground for legal separation. It is its concealment that
serves as a valid ground to annul a marriage.
It is something the respondent failed to prove.

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