Wife's adultery cannot void marriage

Is the adultery of the woman a ground to declare the marriage void on the ground of psychological incapacity? The answer is in the negative.

The adulterous acts of a woman do not even rise to the level of the “psychological incapacity” that the law requires. Her act of living an adulterous life cannot automatically be equated with a psychological disorder, especially when no specific evidence was shown that promiscuity was a trait already existing at the inception of marriage. The husband must be able to establish that the wife's unfaithfulness is a manifestation of a disordered personality, which makes her completely unable to discharge the essential obligations of the marital state. The root cause of the psychological incapacity must be identified as a psychological illness, its incapacitating nature fully explained and established by the totality of the evidence presented during trial.

Doubtless, the woman was far from being a perfect wife and a good mother. She certainly had some character flaws. But these imperfections do not warrant a conclusion that she had a psychological malady at the time of the marriage that rendered her incapable of fulfilling her marital and family duties and obligations.For better understanding of this concept, please read the following cases:

[1] Navales v. Navales, G.R. No. 167523, June 27, 2008, 556 SCRA 272;
[2] Silvino A. Ligeralde v. May Ascension A. Patalinhug, et al., G.R. No. 168796, April 15, 2010;
[3] Ochocoso v. Alano, et al., G.R. No. 167459, January 26, 2011;
[4] Villalon v. Villalon; and

[5] Rosalino Marable v. Myrna Marable, G.R. No. 178741, January 17, 2011.