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Choa vs. Choa

Alfonso Choa filed for annulment of his marriage to Leni Choa, claiming psychological incapacity. Leni objected to the evidence presented. The appellate court dismissed the objection, finding Alfonso's claims that Leni had filed lawsuits against him and was immature provided sufficient evidence. However, the court ultimately ruled against annulling the marriage, finding the evidence from an expert doctor and Alfonso only showed incompatibility between the spouses, not incurable psychological incapacity as defined by law.

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Nestor Calizar Jr.
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346 views1 page

Choa vs. Choa

Alfonso Choa filed for annulment of his marriage to Leni Choa, claiming psychological incapacity. Leni objected to the evidence presented. The appellate court dismissed the objection, finding Alfonso's claims that Leni had filed lawsuits against him and was immature provided sufficient evidence. However, the court ultimately ruled against annulling the marriage, finding the evidence from an expert doctor and Alfonso only showed incompatibility between the spouses, not incurable psychological incapacity as defined by law.

Uploaded by

Nestor Calizar Jr.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Choa vs.

Choa

FACTS:

Respondent Alfonso Choa filed a complaint for the annulment of his marriage to
petitioner Leni Choa on the grounds of psychological incapacity. Petitioner filed a
demurer of evidence (an objection or exception by one of the parties in an action at
law to the effect that the evidence which the adversary produced is insufficient in
point of law to make out a case and sustain the issue). The demurrer of evidence
was dismissed by the appellate court which upheld that the claims of Alfonso Choa
that hers wife had filed several lawsuits against him indicating psychological
incapacity and that his wife was immature, carefree and had no intentions of
procreative sexuality- as sufficient evidence.

ISSUE:

Whether or not Alfonso Choa presented quantum evidence for the declaration of
nullity of his marriage with Leni on the ground of psychological incapacity.

HELD:

Psychological incapacity must be characterized by gravity, juridical antecedence,
and incurability. The testimony of the expert doctor and the respondent only
showed that the two couldnt get along with each other. The spouses had an
incompatibility or defect that could possibly be treated or alleviated through
psychotherapy.

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