SECOND DIVISION
[G.R. No. 235642. February 12, 2018.]
EUFROCINA M. ADAN, petitioner, vs.EDGAR F. ADAN, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated12 February 2018which reads as follows: cDHAES
"G.R. No. 235642 (Eufrocina M. Adan v. Edgar F. Adan)
After a judicious study of the case, the Court resolves to DENY the instant petition and AFFIRM the March 21, 2017 Decision 1 and November 9, 2017 Resolution 2 of the Court of Appeals (CA) in CA-G.R. CV No. 105894 for failure of petitioner Eufrocina M. Adan (petitioner) to sufficiently show that the CA committed any reversible error in upholding the denial of her petition for nullity of marriage on the ground of insufficiency of evidence.
As correctly ruled by the CA, the totality of petitioner's evidence failed to prove that her husband, respondent Edgar F. Adan (respondent), was psychologically incapacitated to comply with the essential marital obligations. As the CA properly observed, the statements of petitioner and her son, Edgar Allan Adan, as well as the couple's childhood friends and neighbors, Josephine Vital and Nenita Pedrosa, disclosing the negative traits of respondent, cannot be considered as sufficient bases to conclude that the latter is suffering from anti-social behavior, and that the same is serious, incurable, and has juridical antecedence. It is settled that the party seeking the annulment of marriage is burdened not only of proving that her spouse is suffering from a psychological disorder, but also that the said affliction renders him incognitive of the basic marital covenants that must be assumed and discharged by the parties, 3 which were not shown in this case. Further, it deserves mentioning that factual findings of the trial court, when adopted and confirmed by the CA, are binding and conclusive on this Court and will generally not be reviewed on appeal, 4 as in this case. cTDaEH
SO ORDERED. (CAGUIOA, J., on official business)"
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 20-25. Penned by Associate Justice Francisco P. Acosta with Associate Justices Rosmari D. Carandang and Ramon Paul L. Hernando concurring.
2.Id. at 27-28. Penned by Associate Justice Ramon Paul L. Hernando with Associate Justices Rosmari D. Carandang and Carmelita Salandanan Manahan concurring.
3.Baccay v. Baccay, 651 Phil. 68, 86 (2010); citation omitted.
4.Insular Investment and Trust Corporation v. Capital One Equities Corp., 686 Phil. 819, 830-831 (2012); citation omitted.