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MA. ARMIDA PEREZ-FERRARIS v. BRIX FERRARIS

This case has been cited 5 times or more.

	GR No. 166579 2010-02-18	JORDAN CHAN PAZ v. JEANICE PAVON PAZ CARPIO, J.
In Perez-Ferraris v. Ferraris,[29] we said: As all people may have certain quirks and idiosyncrasies, or isolated characteristics associated with certain personality disorders, there is hardly a doubt that the intendment of the law has been to confine the meaning of "psychological incapacity" to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to marriage.[30]
	GR No. 171042 2008-06-30	REPUBLIC v. LYNNETTE CABANTUG-BAGUIO CARPIO MORALES, J.
The term "psychological incapacity" to be a ground for the nullity of marriage under Article 36 of the Family Code, refers to a serious psychological illness afflicting a party even before the celebration of the marriage. It is a malady so grave and so permanent as to deprive one of awareness of the duties and responsibilities of the matrimonial bond one is about to assume. As all people may have certain quirks and idiosyncrasies, or isolated characteristics associated with certain personality disorders, there is hardly a doubt that the intendment of the law has been to confine the meaning of "psychological incapacity" to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage. x x x [T]he root cause must be identified as a psychological illness, and its incapacitating nature must be fully explained x x x.[42] (Emphasis and underscoring supplied)
	GR No. 167523 2008-06-27	NILDA V. NAVALES v. REYNALDO NAVALES AUSTRIA-MARTINEZ, J.
Preliminarily, let it be stressed that it is the policy of our Constitution to protect and strengthen the family as the basic autonomous social institution, and marriage as the foundation of the family.[30] The Constitution decrees marriage as legally inviolable and protects it from dissolution at the whim of the parties.[31] The Family Code under Article 48 [32] therefore requires courts to order the prosecuting attorney or fiscal assigned, in cases of annulment or declaration of absolute nullity of marriage, to appear on behalf of the State in order to take steps to prevent collusion between the parties and to take care that the evidence is not fabricated or suppressed. Indeed, only the active participation of the Public Prosecutor or the Office of the Solicitor General (OSG) will ensure that the interest of the State is represented and protected in proceedings for annulment and declarations of nullity of marriage by preventing collusion between the parties, or the fabrication or suppression of evidence. [33]
	GR No. 167523 2008-06-27	NILDA V. NAVALES v. REYNALDO NAVALES AUSTRIA-MARTINEZ, J.
Article 36 contemplates downright incapacity or inability to take cognizance of and to assume basic marital obligations.[48] Mere "difficulty," "refusal" or "neglect" in the performance of marital obligations or "ill will" on the part of the spouse is different from "incapacity" rooted on some debilitating psychological condition or illness.[49] Indeed, irreconcilable differences, sexual infidelity or perversion,
	GR NO. 168328 2007-02-28	REPUBLIC v. LAILA TANYAG-SAN JOSE CARPIO MORALES, J.
Psychological incapacity, as a ground for nullity of marriage, has been succinctly expounded in the recent case of Ma. Armida Perez-Ferraris v. Brix Ferraris (Ferraris),[20] thus:The term "psychological incapacity" to be a ground for the nullity of marriage under Article 36 of the Family Code, refers to a serious psychological illness afflicting a party even before the celebration of the marriage. It is a malady so grave and so permanent as to deprive one of the awareness of the duties and responsibilities of the matrimonial bond one is about to assume. As all people may have certain quirks and idiosyncrasies, or isolated characteristics associated with certain personality disorders, there is hardly any doubt that the intendment of the law has been to confine the meaning of "psychological incapacity" to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage. It is for this reason that the Court relies heavily on psychological experts for its understanding of the human personality. However, the root cause must be identified as a psychological illness and its incapacitating nature must be fully explained[.] (Italics in the original; emphasis supplied)