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MANILA - The Court of Appeals (CA) has turned down a physician's petition to reconsider the annulment of his marriage of 35 years as the alleged condition of psychological incapacity was not convincing. Dr. Noel Fabian's previous annulment case was denied by the Imus, Cavite Regional Trial Court Branch 22 in 2017 and subsequently upheld by the CA on May 11. In his motion for reconsideration, Fabian said he preferred to be with his friends than to spend time with his family; indulged in extra-marital affairs; and would always be dominant and controlling of his wife. He said those are instances that are "serious and clearly demonstrative of his inability to recognize the significance of marriage". He presented a psychiatric report showing that he has Obsessive-Compulsive Personality Disorder, rendering him psychologically incapacitated from complying with fundamental marital obligations to his wife, with whom he has three children. The court did not find the doctor'

Cavite cityNoel fabianCavite regional trial court branchObsessive compulsive personality disorderManila the court of appeals ca has turned downa physician 39s petition to reconsider annulment his marriage 35 years as alleged condition psychological incapacity was not convincing dr noel fabian previous case denied by imusAvite regional trial court branch 22 in 2017 and subsequently upheld by the ca on may 11 his motion for reconsiderationAbian said he preferred to be with his friends than spend time family indulged in extra marital affairs and would always dominant controlling of wife those are instances that quot serious clearly demonstrative inability recognize the significance marriage presenteda psychiatric report showing has obsessive compulsive personality disorderEndering him psychologically incapacitated from complying with fundamental marital obligations to his wifeIth whom he has three children the court did not find doctor 39s arguments convincing quot as this sees itEtitioner appellant 39s preference to be with his friendsNfidelity and dominant attitude towards his wife do not rise to the level of psychological incapacity that would justify nullification parties 39 marriageUot it said added that psychological incapacity quot refers only to the most serious cases of personality disorders clearly demonstrative an utter insensitivity or inability give meaning and significance marriage we reiterate irreconcilable differencesExual infidelity or perversionMotional immaturity and irresponsibility the likeO not by themselves warranta finding of psychological incapacity as the same may only be due toa person 39s refusal or unwillingness to assume essential obligations marriageUot the decision read pna