FIRST DIVISION
[G.R. No. 218053. August 10, 2015.]
RICARDO D. SARMIENTO, petitioner, vs. IMELDA DEVERA-SARMIENTO AND REPUBLIC OF THE PHILIPPINES, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 10, 2015 which reads as follows:
"G.R. No. 218053 (Ricardo D. Sarmiento v. Imelda Devera-Sarmiento and Republic of the Philippines).
After a judicious review of the records, the Court resolves to DENY the instant petition and AFFIRM the February 11, 2015 Decision 1 and April 29, 2015 Resolution 2 of the Court of Appeals (CA) in CA-G.R. CV No. 101926 for failure of petitioner Ricardo D. Sarmiento (petitioner) to sufficiently show that the CA committed any reversible error in dismissing his petition for declaration of nullity of marriage due to insufficiency of evidence.
As correctly ruled by the CA, the totality of the evidence presented during the trial does not support the finding that petitioner's spouse, respondent Imelda Devera-Sarmiento, was psychologically incapacitated to perform her marital obligations for having failed to characterize and establish the requirements of gravity, juridical antecedence, and incurability of her psychological incapacity. It has been held in a plethora of cases that mere acts of sexual infidelity or one's apparent immaturity and refusal to perform marital obligations, are not by themselves sufficient proof that a spouse is suffering from psychological incapacity. 3 The cause of the alleged incapacity must be identified as a psychological illness and its incapacitating nature fully-explained, 4 which was clearly found wanting in this case.
SO ORDERED." SDAaTC
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. Rollo, pp. 24-38. Penned by Associate Justice Fernanda Lampas Peralta with Associate Justices Stephen C. Cruz and Ramon Paul L. Hernando concurring.
2. Id. at 39.
3. See Republic v. Encelan, G.R. No. 170022, January 9, 2013, 688 SCRA 215, 222; citation omitted.
4. See Republic v. CA, 335 Phil. 664, 677 (1997).