In a decision dated February 8, the court’s 13th Division set aside the ruling of the Malolos Regional Trial Court Branch 10 and declared the marriage null and void.
In ruling for the nullification of the marriage, the appellate court said “contrary to the finding of the RTC, Marilyn was able to establish the juridical antecedence of Henry’s psychological incapacity or that it has been existing prior to their marriage.”
In certain cases, the court said, psychological incapacity could be traced back to a psychologically unhealthy childhood due to a pathogenic family.
The petitioner, Marilyn, testified that when they were younger and long before they got married, her husband, Henry, “exhibited flirtatious behavior towards her and that they had a sexual relationship while he was then simultaneously dating another girlfriend.”
The two met while in college and both their parents disapproved of the union, which eventually resulted in three children.
On their wedding day, Marilyn saw one of their female guests crying, whom she later learned was Henry’s former girlfriend.
Henry admitted that despite having a relationship with Marilyn, he continued to have a sexual liaison with the crying lady.
Once, when she caught her husband on the way out of a motel with another woman, Henry defiantly defended his action saying, “What’s wrong with having sex with another woman? I’m sick of having just you around!”
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