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Santos vs. Court of Appeals [Dissenting, PADILLA, J.]

LEOUEL SANTOS, petitioner, vs. THE HONORABLE COURT OF APPEALS AND JULIA ROSARIO BEDIA-SANTOS, respondents.

G.R. No. 112019 | 1995-01-04

Separate Opinions
 
PADILLA, J., dissenting:

It is difficult to dissent from a well-written and studied opinion as Mr. Justice Vitug's ponencia. But, after an extended reflection on the facts of this case, I cannot see my way clear into holding, as the majority do, that there is no ground for the declaration of nullity of the marriage between petitioner and private respondent.

To my mind, it is clear that private respondent has been shown to be psychologically incapacitated to comply with at least one essential marital obligation, i.e. that of living and cohabiting with her husband, herein petitioner. On the other hand, it has not...