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    Mendoza V Republic

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    RR F
    Dominic and Arabelle got married while Arabelle was pregnant. Over the course of their marriage, Dominic had an affair, failed to financially support the family, was fired from his job for theft, and threatened suicide when Arabelle asked for space. Arabelle filed for annulment on grounds of Dominic's psychological incapacity. The trial court granted the annulment but the appellate court reversed, finding the expert testimony was one-sided as Dominic was not evaluated. The Supreme Court affirmed the appellate court's decision, holding psychological incapacity was not established since the expert's findings were based solely on petitioner's testimony without evaluating Dominic.

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    Mendoza V Republic

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    RR F
    127 views1 page
    Dominic and Arabelle got married while Arabelle was pregnant. Over the course of their marriage, Dominic had an affair, failed to financially support the family, was fired from his job for theft, and threatened suicide when Arabelle asked for space. Arabelle filed for annulment on grounds of Dominic's psychological incapacity. The trial court granted the annulment but the appellate court reversed, finding the expert testimony was one-sided as Dominic was not evaluated. The Supreme Court affirmed the appellate court's decision, holding psychological incapacity was not established since the expert's findings were based solely on petitioner's testimony without evaluating Dominic.

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    Mendoza v Republic

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    Dominic and Arabelle got married while Arabelle was pregnant. Over the course of their marriage, Dominic had an affair, failed to financially support the family, was fired from his job for theft, and threatened suicide when Arabelle asked for space. Arabelle filed for annulment on grounds of Dominic's psychological incapacity. The trial court granted the annulment but the appellate court reversed, finding the expert testimony was one-sided as Dominic was not evaluated. The Supreme Court affirmed the appellate court's decision, holding psychological incapacity was not established since the expert's findings were based solely on petitioner's testimony without evaluating Dominic.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    127 views1 page

    Mendoza V Republic

    Uploaded by

    RR F
    Dominic and Arabelle got married while Arabelle was pregnant. Over the course of their marriage, Dominic had an affair, failed to financially support the family, was fired from his job for theft, and threatened suicide when Arabelle asked for space. Arabelle filed for annulment on grounds of Dominic's psychological incapacity. The trial court granted the annulment but the appellate court reversed, finding the expert testimony was one-sided as Dominic was not evaluated. The Supreme Court affirmed the appellate court's decision, holding psychological incapacity was not established since the expert's findings were based solely on petitioner's testimony without evaluating Dominic.

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    of 1

    Mendozav.Republic,G.R.No.

    157854,November12,2012

    Facts: Arabelle and Dominic Mendoza got married while Arabelle was eight
    months pregnant. They lived together but depended on their parents for
    financial support. Arabelle had different jobs to support the needs of the
    family. When Dominic got employed for Toyota in Bel-Air Makati in 1994,
    he spent his first salary celebrating with his friends. September of the
    same year, Arabelle found out of Dominics illicit relationship with Zaida, his
    co-employee. Communication between them became rare and they started
    sleeping in separate rooms. In November 1995, Dominic gave her a car as
    a birthday present only to find out that he did not pay for it, forcing her to
    rely on her father-in-law for the payment of the car. Dominic eventually got
    fired from his job because of he ran away with P164,000 belonging to his
    employer. He was charged with estafa. Petitioner also found out that he
    swindled many of his clients some of them threatening her and their family.
    On October 15, 1997, Dominic abandoned the conjugal abode because
    petitioner asked him for time and space to think things over. A month
    later, she refused his attempt at reconciliation, causing him to threaten to
    commit suicide. She and her family immediately left the house to live in
    another place concealed from him. On August 5, 1998, petitioner filed in
    the RTC her petition for the declaration of the nullity of her marriage with
    Dominic based on his psychological incapacity under Article 36 of the
    Family Code. The RTC found that all the characteristics of psychological
    incapacity which are gravity, antecedence and incurability, were attendant,
    establishing Dominics psychological incapacity. The Republic appealed to
    the CA, arguing that there was no showing that Dominics personality traits
    either constituted psychological incapacity existing at the time of the
    marriage or were of the nature contemplated by Article 36 of the Family
    Code; that the testimony of the expert witness was not conclusive upon the
    court, and that the real reason for the parties separation had been their
    frequent quarrels over financial matters and the criminal cases brought
    against Dominic. CA reversed the decision of RTC. Hence, this petition.
    ISSUE: W/N psychological incapacity of Dominic was established
    HELD: No. Findings of Dr. Samson were one-sided, because Dominic was
    not himself subjected to an actual psychiatric evaluation by petitioners
    expert. He also did not participate in the proceedings. And that the findings
    and conclusions on his psychological profile by her expert were solely
    based the testimonies of the petitioner.

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