DIMAYUGA-LAURENA vs CA and JESSE LAURO LAURENA• Petition for review on certiorari on CA decision | declaration of nullity of marriage

• PETITION PARTIALLY GRANTED• CA affirmed RTC decision with modification

FACTS

• 19 December 1983 – Darlene and Jesse wed in Intramuros

• 2 children: Mark (1985), Michael (1987)

• 19 Oct 1993 – Petitioner filed petition of declaration of nullity of marriage; respondent was psychologically incapacitated since:

• Invited 15 yr old boy to sleep in same hotel room with them during honeymoon

• Watched TV while Darlene suffered miscarriage, almost bled to death

• Prioritized parents’ needs over hers

• Womanizer• Had feminine tendencies

• Sept 1990 – Jesse abandoned conjugal home and stopped supporting children

• Conjugal properties:

• Dayap Makati duplex

• House and lot in Tanauan, Batangas

• Jeddah Caltex dealership

• Lancer, Safari, L300, L200 vehicles

• Jeddah Trucking

• Petitioner prayed for 1) dissolution of conjugal partnership

2) custody, and 3) monthly support (P 25,000)

• RTC: Petition DENIED, conjugal partnership of gains DISSOLVED, custody awarded to children’s parent of choice

• Darlene’s appeal: since nullity of marriage was denied

• Jesse’s appeal: parents’ properties declared as part of conjugal partnership of gains

• CA’s ruling

• Darlene failed to prove Jesse’s psychological incapacity medically identified and that it was existing at time of marriage – hence marriage is not null

• Sustained dissolution of partnership of gains – respondent’s abandonment of family sufficient grounds for dissolution

• Tanuan, Dayap, Jeddah Caltex, and Jeddah Trucking excluded

• Darlene filed motion for reconsideration

ISSUE + RATIO: WON FACTS ARE SUFFICIENT TO PROVE PSYCHOLOGICAL INCAPACITY OF RESPONDENT

• Petitioner failed to prove psychological incapacity

• RTC and CA found that Molina case guidelines were not satisfied

WON PROPERTIES EXCLUDED BY CA PART OR CONJUGAL PARTNERSHIP OF GAINS

• NO – but Dayap duplex house should be included (DoAS executed in favor of Jesse, no proof it was bought with revenues from Jeddah Caltex)

HELD:

Petition PARTIALLY GRANTED. CA decision/resolution affirmed with modification