Almelorv.RTCLasPinas,G.R.No.

179620,Aug.26,2008
FACTS: Petitioner Manuel G. Almelor (Manuel) and respondent Leonida
Trinidad (Leonida) were married on January 29, 1989 and had three
children. Manuel and Leonida are both medical practitioners, an
anesthesiologist and a pediatrician, respectively. After eleven (11) years of
marriage, Leonida filed a petition with the RTC in Las Pias City to annul
their marriage on the ground that Manuel was psychologically
incapacitated to perform his marital obligations. Leonida that in the public
eye, Manuel was the picture of a perfect husband and father but this was
not the case in his private life. At home, Leonida described Manuel as a
harsh disciplinarian, unreasonably meticulous, easily angered. Manuels
unreasonable way of imposing discipline on their children was the cause of
their frequent fights as a couple. Leonida complained that this was in stark
contrast to the alleged lavish affection Manuel has for his mother. She also
alleged that her husband has concealed from her his homosexuality. She
caught him in an indiscreet telephone conversation manifesting his
affection for a male caller. She also found several pornographic
homosexual materials in his possession. And she saw Manuel kissed
another man on the lips. The man was a certain Dr. Nogales. When she
confronted Manuel, he denied everything. At this point, Leonida took her
children and left their conjugal abode. Since then, Manuel stopped giving
support to their children. Dr. Valentina del Fonso Garcia, a clinical
psychologist, was presented to prove Leonidas claim. She testified that
she conducted evaluative interviews and a battery of psychiatric tests on
Leonida. She also had a one-time interview with Manuel and face-to-face.
She concluded that Manuel is psychologically incapacitated and such
incapacity is marked by antecedence; it existed even before the marriage
and appeared to be incurable. Manuel countered that the true cause of
Leonidas hostility against him was their professional rivalry. The trial court
nullified the marriage, not on the ground of Article 36, but Article 45 of the
Family Code. CA denied the appeal.
ISSUE: Whether or not the marriage between the two can be declared as
null and void due to fraud by reason of Manuels concealment of his
homosexuality.

HELD: Concealment of homosexuality is the proper ground to annul a

marriage, not homosexuality per se. 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. The lower
court considered the public perception of Manuels sexual preference
without the corroboration of witnesses. Also, it took cognizance of
Manuels peculiarities and interpreted it against his sexuality. Even granting
that Manuel is indeed a homosexual, there was nothing in the complaint or
anywhere in the case was it alleged and proven that Manuel hid such
sexuality from Leonida and that Leonidas consent had been vitiated by
such.