Republic v. Quintero-Hamano, G.R. No. 149498, May 20, 2004

FACTS: Lolita and Toshio started a common-law relationship in Japan in October 1986. They later lived in the Philippines for a month. Thereafter, Toshio went back to Japan and stayed there for half of 1987. On November 16, 1987, she gave birth to their child. They were married with MTC of Bacoor, Cavite. One month after their marriage, Toshio returned to Japan and promised to return by Christmas to celebrate the holidays with his family. After sending money to respondent for two months, Toshio stopped giving financial support. She wrote him several times but he never responded. Sometime in 1991, respondent learned from her friends that Toshio visited the Philippines but he did not bother to see her and their child. Hence, she filed for a declaration of nullity of their marriage on the ground of psychological incapacity. RTC declared their marriage null and void because he failed to fulfill his obligations as husband of the petitioner and father to his daughter. CA affirmed RTC’s ruling.

ISSUE: W/N abandonment by one spouse tantamount to psychological incapacity

HELD: Mere abandonment by Toshio of his family and his insensitivity to them did not automatically constitute psychological incapacity. His behavior merely indicated simple inadequacy in the personality of a spouse falling short of reasonable expectations. Respondent failed to prove any severe and incurable personality disorder on the part of Toshio, in accordance with the guidelines set in Molina.