The Amy Perez annulment case
18 Aug 06
Unluckily for celebrity figure Amy Perez, her case for Nullity of Marriage was recently denied by the Supreme Court. Amy Perez filed for annulment of her marriage to musician Bricks Ferraris on the ground that he is psychologically incapacitated to fulfill his marital obligations under the Family Code such as to render love, support, and marital fidelity.
Unfortunately, the Supreme Court held that marital infidelity by itself is not “psychological incapacity” as required by law. The law requires that the respondent must personality or character disorder which is grave, incurable, and has antecedents before the marriage, or the time they said ” I do.”
Amay Perez lost her case since the Regional Trial Court (Family Court), and on appeal to the Court of Appeals and the Supreme Court. Unluckily for her, her case fell in the division of Chief Justice Artemio Panganiban, known to be very strict in annulment cases because, it is said, of his religious background.
Those interested can find comfort, however, in a case in which the Panganiban Court, with Justice Tinga as ponente, granted the nullity of marriage to a man whose wife was found to be a pathological liar. See Antonio vs. Reyes ( a digest will soon be posted in this blog), a 2006 case. The chairman of the division is Justice Leonardo QA. Quisumbing, one of our “modern” justices who is gender-sensitive (perhaps his wife Dr. Purificacion Quisumbing, Chairperson of the Commission on Human Rights, can take credit for this) and has two daughters.
