Republic vs Quintero-Hamano

Republic vs. Quintero-Hamano

GR No. 149498, May 20, 2004

FACTS:

Lolita Quintero-Hamano filed a complaint in 1996 for declaration of nullity of her marriage with Toshio Hamano, a Japanese national, on the ground of psychological incapacity.  She and Toshio started a common-law relationship in Japan and lived in the Philippines for a month.  Thereafter, Toshio went back to Japan and stayed there for half of 1987.  Lolita then gave birth on November 16, 1987.

In 1988, Lolita and Toshio got married in MTC-Bacoor, Cavite.  After a month of their marriage, Toshio returned to Japan and promised to return by Christmas to celebrate the holidays with his family.  Toshio sent money for two months and after that he stopped giving financial support.  She wrote him several times but never respondent.  In 1991, she learned from her friend that Toshio visited the country but did not bother to see her nor their child.

Toshio was no longer residing at his given address thus summons issued to him remained unserved.  Consequently, in 1996, Lolita filed an ex parte motion for leave to effect service of summons by publication.  The motion was granted and the summons, accompanied by a copy of the petition, was published in a newspaper of general circulation giving Toshio 15 days to file his answer.  Toshio filed to respond after the lapse of 60 days from publication, thus, Lolita filed a motion to refer the case to the prosecutor for investigation.

ISSUE: Whether Toshio was psychologically incapacitated to perform his marital obligation.

HELD:

The Court is mindful of the 1987 Constitution to protect and strengthen the family as basic autonomous social institution and marriage as the foundation of the family.  Thus, any doubt should be resolved in favor of the validity of the marriage.

Toshio’s act of abandonment was doubtlessly irresponsible but it was never alleged nor proven to be due to some kind of psychological illness.  Although as rule, actual medical examinations are not needed, it would have greatly helped Lolita had she presented evidence that medically or clinically identified Toshio’s illness.  This could have been done through an expert witness.  It is essential that a person show incapability of doing marital obligation due to some psychological, not physical illness.  Hence, Toshio was not considered as psychologically incapacitated.