Pesca v. Pesca, G.R. No. 136921, April 17, 2001

FACTS: The petitioner and respondent were married and had four children. Lorna filed a petition for declaration of nullity of their marriage on the ground of psychological incapacity on the part of her husband. She alleged that he is emotionally immature and irresponsible. He was cruel and violent. He was a habitual drinker. Whenever she tells him to stop or at least minimize his drinking, her husband would hurt her. There was even a time when she was chased by a loaded shotgun and threatened to kill her in the presence of their children. The children also suffered physical violence. Petitioner and their children left the home. Two months later, they returned upon the promise of respondent to change. But he didn’t. She was battered again. Her husband was imprisoned for 11 days for slight physical injuries. RTC declared their marriage null and void. CA reversed RTC’s ruling. Hence, this petition.

ISSUE: W/N the guidelines for psychological incapacity in the case of Republic vs CA & Molina should be taken in consideration in deciding in this case.

HELD: Yes. In the Molina case, guidelines were laid down by the SC before a case would fall under the category of psychological incapacity to declare a marriage null and void. This decision has force and effect of a law. These guidelines are mandatory in nature. Petition denied.

The "doctrine of stare decisis," ordained in Article 8 of the Civil Code,  expresses that judicial decisions applying or interpreting the law shall form part of the legal system of the Philippines.  The rule follows the settled legal maxim – “legis interpretado legis vim obtinet” – that the interpretation placed upon the written law by a competent court has the force of law.