Perez-Ferraris v. Ferraris G.R. No. 162368, July 17, 2006 Motion for Reconsideration Ynares-Santiago Facts: Ma. Armida and Brix Ferraris are spouses. Petitioner alleged her husband of incapacity to comply with the marital obligations of marriage and these allegations were support of the following facts: 1. drunk card 2. epileptic 3. jobless. The petitioner seeks for the declaration of nullity of marriage on the ground of psychological incapacity. Issue: Whether or not a spouse suffering from epilepsy is psychological incapacitated under Article 36 of the Family Code? Held: No. Petition denied. Ruling: If the spouse if physically incapable to carry-out the essential marital obligations due to his epilepsy, the other cannot declare such marriage null. The court rule that there must be sufficient and serious disorder which hinders the spouse's execution of marital obligation. Thus, the court ruled that the disorder of the respondent in the case in not serious and it does not constitute a psychological incapacity under Article 36 of the Family Code.
Facts: Ma. Armida and Brix Ferraris are spouses. Petitioner
alleged her husband of incapacity to comply with the marital
obligations of marriage and these allegations were support of the
following facts: 1. drunk card 2. epileptic 3. jobless. The
petitioner seeks for the declaration of nullity of marriage on the
ground of psychological incapacity.
Issue: Whether or not a spouse suffering from epilepsy is
psychological incapacitated under Article 36 of the Family
Code?
Held: No. Petition denied.
Ruling: If the spouse if physically incapable to carry-out the
essential marital obligations due to his epilepsy, the other cannot
declare such marriage null. The court rule that there must be
sufficient and serious disorder which hinders the spouse's
execution of marital obligation. Thus, the court ruled that the
disorder of the respondent in the case in not serious and it does
not constitute a psychological incapacity under Article 36 of the
Family Code.
