The case of Pesca vs.

Pesca, which was decided by the Philippine Supreme Court in

April 2001, is instructive.
Lorna Pesca and Zosimo Pesca first met sometime in early 1975 while on board an
inter-island vessel bound for Bacolod City. After a whirlwind courtship, they got
married in March 1975. Initially, the young couple did not live together as Lorna was
still a student, and Zosimo, a seaman, had to leave the country on board an oceangoing vessel barely a month after the marriage. After a few years the young couple
were able to build their own house in Caloocan City. It was blissful marriage for the
couple during the two months of the year that they could stay together, when Zosimo
was on vacation. The union begot four children, 19-year old Ruhem, 17-year old Rez,
11-year old Ryan, and 9-year old Richie.
It started in 1988, Lorna said, when she noticed that respondent surprisingly showed
signs of psychological incapacity to perform his marital covenant. His true color
of being an emotionally immature and irresponsible husband became apparent. He
was cruel and violent. He was a habitual drinker, staying with friends daily from 4 in
the afternoon until one oclock in the morning. When cautioned to stop or, to at least,
minimize his drinking, respondent would beat, slap and kick her. At one time, he
chased Lorna with a loaded shotgun and threatened to kill her in the presence of the
children. The children themselves were not spared from physical violence.
In November 1992, Lorna and her children left the conjugal abode to live in the house
of her sister in Quezon City as they could no longer bear Zosimos violent ways. Two
months later, Lorna decided to forgive Zosimo, and she returned home to give him
another chance. But, to her dismay, things did not change for the better. Instead,
matters became worse.
On the morning of 22 March 1991, Zosimo assaulted Lorna for about half an hour in
the presence of the children. She was battered black and blue. She submitted herself to
medical examination at the QC General Hospital, which diagnosed her contusions and
abrasions. Lorna filed a complaint with the barangay authorities, and a case was filed
against Zosimo for slight physical injuries. He was convicted by the Coloocan Trial
Court and was sentenced to eleven days imprisonment.
After that last dreadful experience, Lorna and her children left the conjugal home for
good. Lorna then filed for a declaration of nullity of their marriage invoking
psychological incapacity.
The trial court rendered a decision nullifying the marriage of Lorna and Zosimo on
the basis of the psychological incapacity of Zosimo.
The seaman appealed his case to the Court of Appeals and won. The Supreme Court
reviewed the case and agreed with the Court of Appeals, upholding the position of
Zosimo that he was not psychologically incapacitated. According to the Supreme
Court, emotional immaturity and irresponsibility cannot be equated with
psychological incapacity. The Supreme Court sympathized with the sad situation of
Lorna, but did not allow the termination of her marriage, which the court said was an
inviolable social institution and the foundation of the family.