Republic v. Dagdag, 351 SCRA 425

FACTS: Erlinda Matias (16) married Avelino Dagdag (20) on Sept. 1, 1975 and had two children. A week after the wedding, Avelino started leaving his family without explanation. He would disappear for months, suddenly reappear for a few months, then disappear again. During the times when he was with his family, he indulged in drinking sprees with friends and would return home drunk. He would force his wife to submit to sexual intercourse and if she refused, he would inflict physical injuries on her. On October 1993, he left his family again and that was the last they heard from him. Erlinda learned that Avelino was imprisoned for some crime,6 and that he escaped from jail on October 22, 1985.7 A certification therefor dated February 14, 1990, was issued by Jail Warden Orlando S. Limon. Avelino remains at-large. On July 3, 1990, Erlinda filed with the RTC a petition for judicial declaration of nullity of marriage on the ground of psychological incapacity. Since Avelino could not be located, summons was served by publication in the Olongapo News, a newspaper of general circulation. RTC rendered decision in favor of Erlinda. CA affirmed the decision of RTC. Hence, this appeal.

ISSUES: W/N Avelino is psychoilogically incapacitated.

HELD: No. it is evident that Erlinda failed to comply with the above-mentioned evidentiary requirements. Erlinda failed to comply with guideline No. 2 which requires that the root cause of psychological incapacity must be medically or clinically identified and sufficiently proven by experts, since no psychiatrist or medical doctor testified as to the alleged psychological incapacity of her husband. Further, the allegation that the husband is a fugitive from justice was not sufficiently proven. In fact, the crime for which he was arrested was not even alleged. CA’s decision is set aside.