CASE STUDY 2 NULLITY OF MARRIAGE

Carlos, a Mechanical Engineering graduate and a resident for the past

five (5) years of Mandaluyong City, met Carla, a resident of Marikina
City and a former actress, in October, 1992, in Kintex Condominium in
Caloocan City. Upon his cousins insistence, he introduced himself to
Carla and invited her to a group outing. Since Carla was an outgoing
person, she joined them in an overnight party and a drinking spree.
While under the influence of alcohol, Carlos and Carla had sexual
intercourse which resulted in the latters unexpected pregnancy.
Although Carlos was not yet ready to raise his own family and Carla
was not yet known to him that well, they, nonetheless, cohabited in a
condominium unit in Makati City for four (4) years, during which, he
took charge of their finances since Carla already lost her show business
career. Their cohabitation was involuntary and was only arranged for
their babys welfare.
On 19 April 2000, Carla gave birth to their first child, Jenny, who they
reared together with Jim, her first love child with another man.
During their cohabitation, Carla became a very secretive person who
does not talk, open-up or discuss things regarding her past
experiences, present activities and future ambitions. She preferred to
be away from Carlos. She also became a chain smoker who could
consume three (3) to four (4) packs of cigarette a day on the average.
She also started to act strangely. Carlos even caught her several times
laughing alone, murmuring and talking to herself or to her clothes.
Aside from this, Carla also became an alcoholic. Whenever drunk, she
would always recount her misfortunes. She would also blame herself
for dropping out from school, choosing her show business career over
joining her family abroad and for getting pregnant with her first love
child with another man, which cost her career. She would likewise turn
out to be wild and uncontrollable whenever she could not bear her
anxieties.
At home, Carla shirked from her responsibilities as a wife and mother.
She would often end up quarrelling with Carlos whenever the latter
would try to give her obligations, such as spending more time at home,
watching over their children, buying groceries and paying their bills.
She would also yell at Carlos.
Socially, Carla avoided Carlos circle of friends because she felt that
she was inferior to them. She would also lie to keep herself away from
blame.

In sum, Carlos and Carlas live-in relationship was cold, empty and
meaningless. They felt like they were forced to stay together for the
sake of Jenny.
Considering, however, that Jenny was denied admission to a Catholic
School since her parents were unmarried, Carlos married Carla on 20
January 2005 in civil rites. This was followed by a Catholic wedding a
year later, or on 25 January 2006. Briefly after their wedding, Carlos
also adopted Jim as his son. Two (2) more children were born to them
thereafter, Joy and Jaya, on 20 August 2007 and 20 March 2009,
respectively.
During their marriage, Carlos discovered more about Carlas character.
Among others, he discovered that Carla worked as a promo girl in bars,
disco houses and clubs, engaged in escort services, was addicted to
alcohol, such that she would never stop drinking until she would lose
consciousness, was addicted to shabu, even mixing it in her alcoholic
drink, had serious anxiety problems, which would often result in violent
confrontations and had personality problems. Carlos opined that their
youngest childs condition as a special child could have been due to
Carlas vices during her pregnancy.
As a result of Carlas drug addiction, she was confined in Droga
Foundation, a drug rehabilitation center. Her confinement in said
center, however, did not change her character since she went back to
her vices after being discharged from said center. She even resorted
to pawning their family jewelry and other assets to satisfy her craving
for alcohol and drugs.
In 2011, after Carla attempted against Carlos life with a knife while
asleep and since she became more violent, Carlos deemed it better to
stay away from her. Although Carlos left her and their children, he,
however, continued to give them financial support in the minimum
monthly amount of One Hundred Thousand Pesos (P100,000.00).
Carla continued her substance abuse even after their separation in
fact.
In fact, she suffered from mild stroke resulting from her
dependence from alcohol and prohibited drugs.
Even after their separation in fact, Carla continued to drag Carlos into
trouble. Carlos would be surprised by Carlas creditors who would go
after him to collect her debts and to ask him to redeem the pieces of
jewelry she pawned to them. He was also made to pay substantial
amounts of money in 2012 to the families of the victims Carla ran over
along EDSA in Pasay City because of drunk driving. Not only that,
Carla even forged his signature in a Deed of Sale in an attempt to
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dispose of their lot in Valenzuela City for a measly sum, in addition to

her mortgaging their BMW car for a meager sum without his
knowledge.
Despite Carlos monetary support to Carla and their children, electricity
and water supply in their condominium unit had been cut off due to
Carlas failure to pay utility bills.
At present, Carlos provides Carla and their children monetary support
in the monthly amount of Two Hundred Thousand Pesos (P200,000.00).
In connection with his plan to file a Petition for the Declaration of
Nullity of his marriage to Carla, Carlos consulted Dr. Punsalang, a
psychiatrist, about his or Carlas incapacity to comply with the
essential marital obligations. Dr. Punsalang suggested that he and
Carla undergo psychiatric assessment and evaluation. Following Dr.
Punsalangs psychiatric evaluation on Carlos, she found him to have an
intelligence quotient classified as average. Carlos was found to be
confident of his ability to overcome obstacles. He has high ideals. He
puts importance in planning for the future. He expresses only positive
feelings towards his mother. He also expresses complete satisfaction
with his fathers personality. The instability at his familys domicile had
little effect on his feelings. He, however, was found to be suspicious
and seclusive.
He seeks a life of ease, free from problems or
disturbance. He shuts himself away from those who do not meet his
standards. He likewise appears to have given up achieving sexual
satisfaction. He shows no concern for spirituality. Dr. Punsalang, as
well, found in him no depression on Zung Scale. She also found no
psychosis in Carlos during the time of testing. In sum, Dr. Punsalang
did not find Carlos to be suffering from psychological incapacity to
comply with the essential marital obligations.
On the part of Carla, who did not honor Dr. Punsalangs invitation for
an interview with her, Dr. Punsalang found, through her interview with
Carlos and her examination on the progress notes of Droga Foundation,
that Carla was suffering from a grave, incurable and deeply rooted
personality disorder, clinically known as Anti-Social Personality
Disorder, which renders her psychologically incapacitated to perform
her essential marital obligations. Dr. Punsalang stressed that Carlas
fixation in the oral stage led to unresolved issues on trust. Carla is
unable to render mutual love, trust, and fidelity. She distorts her
thoughts to suit her inner needs. Her dependence and sense of
entitlement, serves as a quick fix for her unresolved conflicts. The
vicious cycle of lack of guidance, inconsistent parenting and
dysfunctional family had caused Carla to have coping mechanisms
which are destructive to her and others around her.
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Dr. Punsalang explained her assessment of Carla by identifying the

attributes of a person suffering from Anti-Social Personality Disorder,
which she pointed out were all present in Carla. She stressed that a
person suffering from such a personality disorder is typified by failure
to plan ahead, failure to conform to social norms, careless disregard for
the safety of others, lack of remorse and manipulative behavior.
Dr. Punsalang further stressed that Carlas Anti-Social Personality
Disorder is consistent with her psychological incapacity to perform her
essential marital obligations and was already existing even during her
early adulthood.
Having assessed Carlas psychological incapacity to be grave,
incurable and deeply rooted, Dr. Punsalang recommended the
declaration of nullity of her marriage to Carlos.
In support of his plan to file a Petition for the Declaration of his
marriage to Carla, Carlos also consulted Ms. Cecilia Luna, a licensed
Social Worker, who made a Social Case Study on their family. On the
basis of Ms. Tapias interview with Carlos, Carla and their children,
except Jaya who is a special child, she, as well, recommended the
declaration of nullity of the couples marriage considering that their
relationship had been marred with complicated issues which render
reconciliation
no
longer
feasible.
In her interview with the Social Worker, Carla admitted that she and
Carlos were married in both civil and Catholic rites and that they have
children who are all living with her. She denied that she is
psychologically incapacitated to comply with her marital obligations
and rebuked Dr. Punsalangs findings.
Carla narrated that she is the second child in a brood of seven (7). She
grew up a normal child with big dreams in life. She took primary and
secondary education in an exclusive Catholic school for girls in Manila.
When she was seventeen, she entered show business despite the
vehement objection of her parents since she had to stop school. When
she reached twenty (20), she became a well-known sexy star in the
Philippines. When she was twenty-five (25), she got pregnant by a
popular television director. After giving birth to their love child, Jim,
she took an indefinite leave from show business to take care of her
son. Sooner, however, she and the father of Jim parted ways. She
then lived alone with her son in the Philippines since her entire family
migrated to the United States. It was when she rented a unit in Kintex
Condominium in Caloocan City that she met Carlos, who was then the
Manager of said condominium. She admitted to have joined Carlos in
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several of his group outings. When Carlos had to vacate his unit in the
same condominium, Carla offered him her other room in her own unit.
Considering that they stayed together in the same unit, they became
closer to each other. Eventually, they became sweethearts. Their
sexual relationship soon resulted in her untimely pregnancy with their
eldest child, Jenny. Later, she learned that Carlos was still seeing his
former girlfriend. As a result of her extreme anger, she ordered Carlos
to leave her unit. She dragged him outside with his clothes when he
refused to leave her unit. However, when Carlos asked for forgiveness
the next day, she accepted him back to her unit since she was so inlove with him.
Soon, they transferred residence in a condominium unit in Makati City.
It was in this place where their serious marital problems came to fore
since Carlos returned to his old womanizing ways, which terribly
affected her ego as a wife. By reason of Carlos hurting behavior, Carla
began to drink alcohol to forget her problems, until she became
addicted to it. Carla contended that Carlos turned violent to her such
that their simple conversations became arguments. Worse, their
bickering also ended in their yelling at each other, even in the wee
hours of the morning and in the presence of their children. Carla
described their war and peace like relationship as very serious. In an
effort to save their marriage, Carla suggested to Carlos that they
transfer residence. When they transferred to Quezon City, however,
Carlos continued his womanizing habit. In fact, Carlos became a gross
womanizer which resulted in their regular quarrel. As a result, Carla
became more addicted to alcohol. She did not deny that she was
confined in Droga Foundation for drug rehabilitation. She stressed that
her confinement in said center was just a result of her marital
problems with Carlos, which the latter himself created.
Carla stressed that it is Carlo who has a dysfunctional psychological
behavior. In support of her contention, she revealed that Carlos was
once rushed to Cardinal Santos Hospital due to anxiety attack and
alcohol abuse and Medical City on board an ambulance after he was
found in his condominium unit half dead due to alcohol abuse. He was,
as well, brought twice to the latter hospital from Batangas and
confined in the ICU due to alcohol abuse.