Najera vs Najera

G.R. No. 164817, 3 July 2009

FACTS:
Petitioner claimed that at the time of the celebration of marriage, respondent was
psychologically incapacitated to comply with the essential marital obligations of the marriage,
and such incapacity became manifest only after marriage; (1) that respondent was jobless and
was not exerting effort to find a job at the time of marriage; only with the help of petitioner’s
elder brother, who was a seaman, was respondent able to land a job as a seaman; (2) that while
employed as a seaman, respondent did not give petitioner sufficient financial support); (3) that
respondent would quarrel with petitioner and falsely accuse her of having an affair with another
man whenever he came home, and took to smoking marijuana and drinking; (4) that on July 1,
1994, while he was quarreling with petitioner, without provocation, he inflicted physical violence
upon her and attempted to kill her with a bolo; and (6) after the said incident respondent left the
family home, taking along all their personal belongings, and abandoned the petitioner. Petitioner
reported the incident at the police station of Bugallon, Pangasinan.

Issue: whether or not the totality of petitioner’s evidence was able to prove that
respondent is psychologically incapacitated to comply with the essential obligations of
marriage warranting the annulment of their marriage under Article 36 of the Family Code

Held:
No, The evidence presented by petitioner in regard to the physical violence or grossly
abusive conduct of respondent toward petitioner and respondent’s abandonment of
petitioner without justifiable cause for more than one year are grounds for legal
separation only and not for annulment of marriage under Article 36 of the Family Code.