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The Philippine Star

|

November 08, 2024

For a marriage to be declared null and void on the ground of psychological incapacity, the incapacity must be rooted on some debilitating psychological or mental condition or illness and not on mere difficulty, refusal or neglect in the performance of marital obligations. This is once more illustrated in this case of Garry and Brenda.

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Garry and Brenda were both of legal age when they met through Garry's cousin Larry, who was Brenda's schoolmate in college. Brenda was the eldest among four siblings and came from a middle-class, broken family, her father being an overseas contract worker and her very tolerant mother, a housewife. She was a college graduate, outgoing, carefree and irresponsible.

Garry, on the other hand, was conservative, jolly, kind, family-oriented and preoccupied with his work.

During the six months before they got married, when they saw each other almost every day, Garry only noticed a loving, caring and well-educated person in Brenda. Garry was 25 years old and Brenda 23 when they decided to get married because Brenda was pregnant already.

After they got married and during her pregnancy, Brenda's undesirable traits started coming out. She was drinking and smoking heavily such that when she gave birth, the infant died due to weakness and malnourishment. Thereafter Brenda lived as if she was still single, resorting to any pretext just to leave the house.

She thoroughly enjoyed the night life, carefree, refused to perform even the most essential household chores and was unmindful of her husband's needs. When they fight, Brenda verbally abused and physically harmed Garry. She had a domineering character and saw to it that she is the one always obeyed with regards to making decisions and always mandates people to submit to her wishes. Garry, being too considerate of her, was often subjected to her control.

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