CASE DIGEST: Art. 36 of the Family Code of the Philippines (Psychological Incapacity)

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G.R. No. 166357               January 14, 2015
VALERIO E. KALAW, Petitioner,
vs.

MA. ELENA FERNANDEZ, Respondent.

PONENTE: Bersamin, J.

FACTS:
  • Petitioner Kalaw presented the testimonies of two supposed expert witnesses who concluded that respondent is psychologically incapacitated. 
  • The experts presented by Kalaw heavily relied on petitioner’s allegations of respondent’s constant mahjong sessions, visits to the beauty parlor, going out with friends, adultery, and neglect of their children.
  • Petitioner’s experts reasoned that respondent’s alleged habits, when performed constantly to the detriment of quality and quantity of time devoted to her duties as mother and wife, constitute a psychological incapacity in the form of Narcissistic Personality Disorder (NPD).
  • However, the Supreme Court in its decision dated September 19, 2011, dismissed the complaint for declaration of nullity of the marriage on the ground that there was no factual basis for the conclusion of psychological incapacity.


ISSUE:
  • Whether or not the marriage was void on the ground of psychological incapacity.


HELD:
  • Yes. The Court GRANTED the Motion for Reconsideration; REVERSED and SET ASIDE the decision promulgated on September 19, 2011; and REINSTATED the decision rendered by the Regional Trial Court declaring the marriage between the petitioner and the respondent on November 4, 1976 as NULL AND VOID AB INITIO due to the psychological incapacity of the parties pursuant to Article 36 of the Family Code.

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