G.R.No.166357.September19,2011.

VALERIO E. KALAW, petitioner, vs. MA. ELENA

FERNANDEZ,respondent.
Family Code; Annulment of Marriage; Psychological
Incapacity; Psychological incapacity is the downright incapacity or
inability to take cognizance of and to assume the basic marital
obligations; The burden of proving psychological incapacity is on
the plaintiff; The psychological problem must be grave, must have
existed at the time of marriage, and must be incurable.
Psychological incapacity is the downright incapacity or inability to
takecognizanceofandtoassumethebasicmaritalobligations.The
burden of proving psychological incapacity is on the plaintiff. The
plaintiff must prove that the incapacitated party, based on his or
heractionsorbehavior,suffersaseriouspsychologicaldisorderthat
completelydisableshimorherfromunderstandinganddischarging
the essential obligations of the marital state. The psychological
problemmustbegrave,musthaveexistedatthetimeofmarriage,
andmustbeincurable.
Same; Same; Same; Sexual infidelity per se is a ground for
legal separation, but it does not necessarily constitute psychological
incapacity.Even assuming arguendo that petitioner was able to
prove that respondent had an extramarital affair with another
man, that one instance of sexual infidelity cannot, by itself, be
equated with obsessive need for attention from other men. Sexual
infidelity per se is a ground for legal separation, but it does not
necessarilyconstitutepsychologicalincapacity.

PETITION for review on certiorari of the decision and

resolutionoftheCourtofAppeals.
ThefactsarestatedintheopinionoftheCourt.
Erlando A. Abrenica and Jose Mari S. Velez, Jr. for
petitioner.
Zamora, Poblador, Vasquez & Bretaaforrespondent.
_______________
*FIRSTDIVISION.
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Kalawvs.Fernandez,SEPTEMBER19,2011

823

DELCASTILLO,J.:
Afindingofpsychologicalincapacitymustbesupported
by wellestablished facts. It is the plaintiffs burden to
convincethecourtoftheexistenceofthesefacts.
BeforetheCourtisaPetitionforReview1oftheCourtof
Appeals (CA) May 27, 2004 Decision2 and December 15,
2004Resolution3inCAG.R.CVNo.64240,whichreversed
thetrialcourtsdeclarationofnullityofthehereinparties

marriage.ThefallooftheassailedDecisionreads:
WHEREFORE, the appeal is GRANTED, and the assailed
Decision is SET ASIDE and VACATED while the petition for
declarationofnullityofmarriageisherebyDISMISSED.
SO ORDERED.4

Factual Antecedents
PetitionerValerioE.Kalaw(Tyrone)andrespondentMa.
ElenaFernandez(Malyn)metin1973.Theymaintaineda
relationship and eventually married in Hong Kong on
November 4, 1976. They had four children, Valerio (Rio),
Maria Eva (Ria), Ramon Miguel (Miggy or Mickey), and
JaimeTeodoro(Jay).
Shortlyafterthebirthoftheiryoungestson,Tyronehad
anextramaritalaffairwithJocelynQuejano(Jocelyn),who
gavebirthtoasoninMarch1983.5
InMay1985,Malynlefttheconjugalhome(thehouseof
herKalawinlaws)andherfourchildrenwithTyrone.6
_______________
1Rollo,pp.2656.
2Id.,atpp.920;pennedbyAssociateJusticeRobertoA.Barriosand
concurred in by Associate Justices Regalado E. Maambong and Vicente
Q.Roxas.
3Id.,atpp.2223.
4CADecision,p.11;Rollo,p.19.
5SocialCaseStudyReport,p.14;Records,Vol.I,p.216.
824

824

SUPREMECOURTREPORTSANNOTATED

Meanwhile, Tyrone started living with Jocelyn, who bore

himthreemorechildren.7
In 1990, Tyrone went to the United States (US) with
Jocelynandtheirchildren.Helefthisfourchildrenfromhis
marriagewithMalyninarentedhouseinValleVerdewith
only a househelp and a driver.8 The househelp would just
call Malyn to take care of the children whenever any of
them got sick. Also, in accordance with their custody
agreement,thechildrenstayedwithMalynonweekends.9
In 1994, the two elder children, Rio and Ria, asked for
MalynspermissiontogotoJapanforaoneweekvacation.
MalynaccededonlytolearnlaterthatTyronebroughtthe
childrentotheUS.10Afterjustoneyear,Riareturnedtothe
PhilippinesandchosetolivewithMalyn.
Meanwhile,TyroneandJocelynsfamilyreturnedtothe
Philippines and resumed physical custody of the two
youngerchildren,MiggyandJay.AccordingtoMalyn,from
that time on, the children refused to go to her house on
weekends because of alleged weekend plans with their
father.11
Complaint for declaration of nullity of marriage
OnJuly6,1994,nineyearssincethede factoseparation
from his wife, Tyrone filed a petition for declaration of
nullityofmarriagebasedonArticle36oftheFamilyCode.12
HeallegedthatMalynwaspsychologicallyincapacitatedto
per

_______________
6TSNdatedMarch15,1995,pp.1112.
7SocialCaseStudyReport,p.14;Records,Vol.I,p.216.
8SocialCaseStudyReport,pp.11and13;id.,atpp.213and215.
9Dr.DayansPsychologicalEvaluationReport,p.7;id.,atp.259.
10Id.,atpp.1011;id.,atp.259.
11 TSN dated March 15, 1995, pp. 2324; Dr. Dayans Psychological
EvaluationReport,pp.78;Records,Vol.I,p.259.
12Id.,atpp.14.
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Kalaw vs. Fernandez,SEPTEMBER19,2011

825

form and comply with the essential marital obligations at

the time of the celebration of their marriage. He further
claimedthatherpsychologicalincapacitywasmanifestedby
her immaturity and irresponsibility towards Tyrone and
their children during their cohabitation, as shown by
Malynsfollowingacts:
1.sheleftthechildrenwithoutpropercareandattentionasshe
playedmahjongalldayandallnight;
2.sheleftthehousetopartywithmalefriendsandreturnedin
theearlyhoursofthefollowingday;and
3.she committed adultery on June 9, 1985, which act Tyrone
discoveredin flagrante delicto.13

During trial,14 Tyrone narrated the circumstances of

Malyns alleged infidelity. According to him, on June 9,
1985,heandhisbrotherinlaw,RonaldFernandez(Malyns
brother),proceededtoHyattHotelandlearnedthatMalyn
was occupying a room with a certain Benjie Guevarra
(Benjie).Whenheproceededtothesaidroom,hesawBenjie
and Malyn inside.15 At rebuttal, Tyrone elaborated that
Benjie was wearing only a towel around his waist, while
Malyn was lying in bed in her underwear. After an
exchange of words, he agreed not to charge Malyn with
adultery when the latter agreed to relinquish all her
maritalandparentalrights.16Theyputtheiragreementin
writingbeforeAtty.JosePalarca.
Tyronepresentedapsychologist,Dr.CristinaGates(Dr.
Gates),andaCatholiccanonlawexpert,Fr.GerardHealy,
S.J. (Fr. Healy), to testify on Malyns psychological
incapacity.
_______________
13 Id., at p. 2; Petitioners Memorandum in JDRC Case No. 3100,
records,Vol.II,pp.306307.
14Thecaseproceededtotrialafterthefiscalmanifestedtothecourt
thattherewasnocollusionbetweentheparties(Records,Vol.I,p.45).
15TSNdatedJanuary5,1995,pp.1617.
16Id.,atpp.1718.
826

826

SUPREMECOURTREPORTSANNOTATED


Dr. Gates explained on the stand that the factual
allegations regarding Malyns behaviorher sexual
infidelity, habitual mahjong playing, and her frequent
nightsout with friendsmay reflect a narcissistic
personalitydisorder(NPD).17NPDispresentwhenaperson
isobsessedtomeetherwantsandneedsinutterdisregard
ofhersignificantothers.18MalynsNPDismanifestinher
utterneglectofherdutiesasamother.19
Dr. Gates reported that Malyns personality disorder
mayhavebeenevidentevenpriortohermarriagebecause
itisrootedinherfamilybackgroundandupbringing,which
the psychologist gathered to be materially deprived and
withoutapropermaternalrolemodel.20
Dr. Gates based her diagnosis on the facts revealed by
her interviews with Tyrone, Trinidad Kalaw (Tyrones
sisterinlaw), and the son Miggy. She also read the
transcriptofTyronescourttestimony.21
Fr. Healy corroborated Dr. Gates assessment. He
concluded that Malyn was psychologically incapacitated to
performhermaritalduties.22Heexplainedthatherpsycho

logicalincapacityisrootedinherroleasthebreadwinnerof
her family. This role allegedly inflated Malyns ego to the
point that her needs became priority, while her kids and
husbands needs became secondary. Malyn is so self
absorbed that she is incapable of prioritizing her familys
needs.
Fr. Healy clarified that playing mahjong and spending
timewithfriendsarenotdisordersbythemselves.Theyonly
constitute psychological incapacity whenever inordinate
amounts of time are spent on these activities to the
detrimentofones
_______________
17PsychologicalReport,Records,Vol.I,pp.173175.
18TSNdatedFebruary15,1995,pp.67.
19Id.,atp.7.
20PsychologicalReport,Records,Vol.I,pp.174175.
21TSNdatedFebruary15,1995,p.4.
22TSNdatedJune17,1998,p.24.
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Kalaw vs. Fernandez,SEPTEMBER19,2011

827

familial duties.23 Fr. Healy characterized Malyns

psychologicalincapacityasgraveandincurable.24
He based his opinion on his interview with Tyrone, the
trial transcripts, as well as the report of Dr. Natividad
Dayan (Dr. Dayan), Malyns expert witness.25 He clarified
that he did not verify the truthfulness of the factual
allegationsregardingMalynshabitsbecausehebelieved
it is the courts duty to do so.26 Instead, he formed his
opinion on the assumption that the factual allegations are
indeedtrue.
Malyns version
Malyn denied being psychologically incapacitated.27
Whilesheadmittedplayingmahjong,shedeniedplayingas

frequentlyasTyronealleged.Shemaintainedthatshedid
soonlytwotothreetimesaweekandalwaysbetween1p.m.
to 6 p.m. only.28 And in those instances, she always had
Tyronespermissionandwouldoftenbringthechildrenand
theirrespectiveyayaswithher.29Shemaintainedthatshe
didnotneglectherdutiesasmotherandwife.
MalynadmittedleavingtheconjugalhomeinMay1985.
She,however,explainedthatshedidsoonlytoescapeher
physicallyabusivehusband.30Onthedaysheleft,Tyrone,
who preferred to keep Malyn a housewife, was upset that
Malyn was preparing to go to work. He called up the
securityguardsandinstructedthemnottoletMalynoutof
the house. Tyrone then placed cigarette ashes on Malyns
head and proceeded to lock the bedroom doors. Fearing
anotherbeating,
_______________
23Id.,atpp.3031.
24Id.,atpp.2627.
25Id.,atpp.2223.
26Id.,atp.23.
27Records,Vol.I,pp.2021.
28TSNdatedJuly8,1998,pp.57.
29Id.,atpp.67.
30TSNdatedMarch15,1995,pp.1213.
828

828

SUPREMECOURTREPORTSANNOTATED

Malynrushedoutoftheirbedroomandintohermotherin
laws room. She blurted that Tyrone would beat her up
again so her motherinlaw gave her P300 to leave the
house.31Sheneverreturnedtotheirconjugalhome.
Malyn explained that she applied for work, against
Tyrones wishes, because she wanted to be selfsufficient.
HerresolvecamefromherdiscoverythatTyronehadason
byJocelynandhadsecretlygonetotheUSwithJocelyn.32
Malyndeniedtheallegationofadultery.Shemaintained
that Benjie only booked a room at the Hyatt Hotel for her
because she was so drunk after partying with friends. She
admittedfindingherbrotherRonaldandTyroneatthedoor
oftheHyattHotelroom,butmaintainedbeingfullyclothed
at that time.33 Malyn insisted that she wrote the letter
relinquishing all her spousal and parental rights under
duress.34
After the Hyatt Hotel incident, Malyn only saw her
childrenbysurreptitiouslyvisitingtheminschool.Shelater
obtainedpartialcustodyofthechildrenasanincidenttothe
legal separation action filed by Tyrone against her (which
actionwassubsequentlydismissedforlackofinterest).
Asanaffirmativedefense,Malynmaintainedthatitwas
Tyronewhowassufferingfrompsychologicalincapacity,as
manifested by his drug dependence, habitual drinking,
womanizing, and physical violence.35 Malyn presented Dr.
Dayanaclinicalpsychologist,asherexpertwitness.
Dr. Dayan interviewed Tyrone, Malyn, Miggy/Mickey,
Jay,andRiaforherpsychologicalevaluationofthespouses.

The factual narrations culled from these interviews reveal

that Tyrone found Malyn a lousy mother because of her
mahjong
_______________
31Id.,atpp.1112.
32Id.,atpp.911.
33Id.,atpp.1517.
34Id.,atpp.1718.
35Records,Vol.I,p.21.
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Kalaw vs. Fernandez,SEPTEMBER19,2011

829

habit,36 while Malyn was fed up with Tyrones sexual

infidelity, drug habit, and physical abuse.37 Dr. Dayan
determinedthatbothTyroneandMalynwerebehaviorally
immature. They encountered problems because of their
personality differences, which ultimately led to the demise
of their marriage. Her diagnostic impressions are
summarizedbelow:
ThemarriageofTyroneandMalynwasamistakefromthevery
beginning. Both of them were not truly ready for marriage even
aftertwoyearsoflivingtogetherandhavingachild.WhenMalyn
firstmetTyronewhoshoweredherwithgifts,flowers,andaffection
sheresistedhisovertures.Shemadeitclearthatshecouldtakehim
or leave him. But the minute she started to care, she became a
different personclingy and immature, doubting his love,
constantlydemandingreassurancethatshewasthemostimportant
person in his life. She became relationshipdependent. It appears
thatherstylethenwaswhenshebeginstocareforaman,sheputs
all her energy into him and loses focus on herself. This imbalance
between thinking and feeling was overwhelming to Tyrone who
admitted that the thought of commitment scared him. Tyrone
admittedthatwhenhewasinhisyoungeryears,hewasoftenout
seeking other women. His interest in them was not necessarily for
sex,justforfundancing,drinking,orsimplyflirting.
Bothofthemseembehaviorallyimmature.Forsometime,Malyn
adapted to her husband who was a moody man with short temper
and unresolved issues with parents and siblings. He was a
distancer,concernedmoreabouthisworkandfriendstha[n]hewas
about spending time with his family. Because of Malyns and
Tyronesbackgrounds(bothcamefromfamilieswithhighconflicts)
theyexperiencedturmoilandchaosintheirmarriage.Theconflicts
they had struggled to avoid suddenly galloped out of control Their
individual personalities broke through, precipitating the demise of
theirmarriage.38
_______________
36Dr.DayansPsychologicalEvaluationReport,p.13;id.,atp.259.
37Id.,atpp.46;id.
38Id.,atpp.1718;id.;TSNdatedMarch14,1996,p.10.
830

830

SUPREMECOURTREPORTSANNOTATED

Dr. Dayan likewise wrote in her psychological evaluation

report that Malyn exhibited significant, but not severe,
dependency,narcissism,andcompulsiveness.39
On the stand, the psychologist elaborated that while
Malyn had relationship problems with Tyrone, she
appearedtohaveagoodrelationshipwithherkids.40Asfor
Tyrone,hehascommitmentissueswhichpreventhimfrom
committinghimselftohisdutiesasahusband.Heisunable
to remain faithful to Malyn and is psychologically
incapacitatedtoperformthisduty.41
Childrens version
Thechildrenallstatedthatboththeirparentstookcare
of them, provided for their needs, and loved them. Rio
testifiedthattheywouldaccompanytheirmothertoWhite
Plains on days that she played mahjong with her friends.
None of them reported being neglected or feeling
abandoned.
Thetwoelderkidsrememberedthefightsbetweentheir
parents but it was only Ria who admitted actually
witnessingphysicalabuseinflictedonhermother.42Thetwo
elder kids also recalled that, after the separation, their
motherwouldvisitthemonlyinschool.43
ThechildrenrecalledlivinginValleVerdewithonlythe
househelp and driver during the time that their dad was
abroad.44 While they did not live with their mother while
they
_______________
39TSNdatedJanuary30,1996,p.13.
40Id.,atp.15.
41TSNdatedMarch14,1996,p.12.
42 Social Case Study Report, p. 13 (Records, Vol. I, p. 215); Dr.
DayansPsychologicalEvaluationReport,p.9(Records,Vol.I,p.259).
43 TSN dated June 8, 1995, p. 6; Dr. Dayans Psychological
EvaluationReport,p.9(Id.);Riosdeposition,p.3(Id.,atp.356).
44 Social Case Study Report, pp. 11 and 13; Records, Vol. I, pp. 213
and215.
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Kalaw vs. Fernandez,SEPTEMBER19,2011

831

were housed in Valle Verde, the kids were in agreement

thattheirmothertookcareofthemonweekendsandwould
seetotheirneeds.Theyhadacommonrecollectionthatthe
househelpwouldcalltheirmothertocomeandtakecareof
theminValleVerdewheneveranyofthemwassick.45
Other witnesses
Dr.CornelioBanaag,Tyronesattendingpsychiatristat
the Manila Sanitarium, testified that, for the duration of
Tyrones confinement, the couple appeared happy and the
wife was commendable for the support she gave to her
spouse.46 He likewise testified that Tyrone tested negative
fordrugsandwasnotadrugdependent.47
Malyns brother, Ronald Fernandez, confirmed Tyrones
allegationthattheyfoundMalynwithBenjieintheHyatt
hotel room. Contrary to Tyrones version, he testified that

neitherhenorTyroneenteredtheroom,butstayedinthe
hallway.HelikewisedidnotrecallseeingBenjieorMalyn
halfnaked.48
Tyrone then presented Mario Calma (Mario), who was
allegedlypartofMalynsgroupoffriends.Hestatedonthe
stand that they would go on nightsout as a group and
Malyn would meet with a male musicianfriend
afterwards.49
Social worker
Thetrialcourtorderedthecourtsocialworker,JocelynV.
Arre(Arre),toconductasocialcasestudyonthepartiesas
well as the minor children. Arre interviewed the parties
Tyrone and Malyn; the minor children Miggy/Mickey and
Jay;
_______________
45TSNdatedJune8,1995,p.9;SocialCaseStudyReport,pp.11and
19(Id.,atpp.213and221).
46TSNdatedNovember20,1995,pp.15and21.
47Id.,atpp.810.
48TSNdatedJanuary4,1996,pp.46.
49TSNdatedApril2,1998,pp.1820.
832

832

SUPREMECOURTREPORTSANNOTATED

Tyronesliveinpartner,Jocelyn;50andTyroneandMalyns
only daughter, Ria. While both parents are financially
stable and have positive relationships with their children,
sherecommendedthatthecustodyoftheminorchildrenbe
awarded to Malyn. Based on the interviews of family
members themselves, Malyn was shown to be more
availabletothechildrenandtoexercisebettersupervision
andcare.Thesocialworkercommendedthefactthateven
afterMalynlefttheconjugalhomein1985,shemadeefforts
to visit her children clandestinely in their respective
schools.Andwhileshewasonlygrantedweekendcustodyof
thechildren,itappearedthatshemadeeffortstopersonally
attendtotheirneedsandtodevotetimewiththem.51
Onthecontrary,Tyrone,whohadcustodyofthechildren
since the couples de facto separation, simply left the
childrenforseveralyearswithonlyamaidandadriverto
careforthemwhilehelivedwithhissecondfamilyabroad.52
ThesocialworkerfoundthatTyronetendedtoprioritizehis
secondfamilytothedetrimentofhischildrenwithMalyn.
Given this history during the formative years of the
children, the social worker did not find Tyrone a reliable
parenttowhomcustodyofadolescentsmaybeawarded.
_______________
50 Tyrone alleges that he married Jocelyn Quejano in 1990 in
California, United States of America after divorcing with Malyn also in
California sometime in 1987. There is, however, no documentary
evidence of the divorce and remarriage. There is no allegation that
TyronehadobtainedAmericancitizenshipandisindicatedintheSocial
CaseStudyReportasaFilipinocitizen(Records,Vol.I,p.219).
51SocialCaseStudyReport,pp.1920;id.,atpp.221222.

52Id.;id.
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Kalaw vs. Fernandez,SEPTEMBER19,2011

833

Ruling of the Regional Trial Court 53

After summarizing the evidence presented by both
parties, the trial court concluded that both parties are
psychologically incapacitated to perform the essential
marital obligations under the Family Code. The courts
Decisionisencapsulatedinthisparagraph:
From the evidence, it appears that parties are both suffering
from psychological incapacity to perform their essential marital
obligationsunderArticle36oftheFamilyCode.Thepartiesentered
intoamarriagewithoutasmuchasunderstandingwhatitentails.
They failed to commit themselves to its essential obligations: the
conjugal act, the community of life and love, the rendering of
mutual help, the procreation and education of their children to
become responsible individuals. Parties psychological incapacity is
grave,andserioussuchthatbothareincapableofcarryingoutthe
ordinary duties required in marriage. The incapacity has been
clinically established and was found to be pervasive, grave and
incurable.54

The trial court then declared the parties marriage void

ab initio pursuanttoArticle36oftheFamilyCode.55
_______________
53Records,Vol.II,pp.382389;pennedbyJudgeJoseR.Hernandez
ofBranch158oftheRegionalTrialCourtofPasigCity.
54RTCDecision,pp.78;id.,atpp.388389.
55Thefallo reads:
WHEREFORE, the marriage between petitioner Valerio Kalaw and
respondent Ma. Elena Fernandez celebrated on November 4, 1976 is
declared void ab initio pursuant to the provisions of Article 36 of the
FamilyCode,andofnofurthereffect.
The provisions of Article[s] 50, 51, and 52 of the Family Code of the
Philippines relative to the delivery of their childrens presumptive
legitime shall not apply because parties were not able to prove the
existenceofanyconjugalpartnershipofgains.
UponfinalityofthisDecision,furnishacopyeachtotheOfficeofthe
Local Civil Registrar of Pasig City and the National Statistics Office,
QuezonCityfortheirappropriateactionconsistentwiththisDecision.
SOORDERED.(Id.;id.)
834

834

SUPREMECOURTREPORTSANNOTATED

Ruling of the Court of Appeals56

MalynappealedthetrialcourtsDecisiontotheCA.The
CA reversed the trial courts ruling because it is not
supported by the facts on record. Both parties allegations
and incriminations against each other do not support a
findingofpsychologicalincapacity.Thepartiesfaultstend
only to picture their immaturity and irresponsibility in

performingtheirmaritalandfamilialobligations.Atmost,
there may be sufficient grounds for a legal separation.57
Moreover,thepsychologicalreportsubmittedbypetitioners
expert witness, Dr. Gates, does not explain how the
diagnosis of NPD came to be drawn from the sources. It
failedtosatisfythelegalandjurisprudentialrequirements
forthedeclarationofnullityofmarriage.58
Tyronefiledamotionforreconsideration59butthesame
wasdeniedonDecember15,2004.60
Petitioners arguments
Petitioner Tyrone argues that the CA erred in
disregardingthefactualfindingsofthetrialcourt,whichis
the court that is in the best position to appreciate the
evidence. He opines that he has presented preponderant
evidence to prove that respondent is psychologically
incapacitated to perform her essential marital obligations,
towit:
a)theexpertwitnesses,Dr.GatesandFr.Healy,proved
on the stand that respondents egocentric attitude,
immaturity, selfobsession and selfcenteredness were
manifestationsofrespondentsNPD;61
_______________
56CARollo,pp.262273.
57CADecision,p.7;CARollo,p.268.
58Id.,atp.11;id.,atp.272.
59CARollo,pp.281298.
60Id.,atpp.310311.
61PetitionersMemorandum,pp.2326;Rollo,pp.606609.
835

Kalaw vs. Fernandez,SEPTEMBER19,2011

835

b)theseexpertwitnessesprovedthatrespondentsNPD
is grave and incurable and prevents her from
performingheressentialmartialobligations;62and
c)that respondents NPD existed at the time of the
celebrationofthemarriagebecauseitisrootedinher
upbringing, family background, and socialite lifestyle
priortohermarriage.63
Petitioner stresses that even respondent insisted that
their marriage is void because of psychological incapacity,
albeitonpetitionerspart.64
Respondents arguments
Respondent maintains that Tyrone failed to discharge
his burden of proving her alleged psychological
incapacity.65 She argues that the testimonies of her
children and the findings of the court social worker to the
effectthatshewasagood,loving,andattentivemotherare
sufficient to rebut Tyrones allegation that she was
negligentandirresponsible.66
SheassailsDr.Gatessreportasonesidedandlackingin
depth. Dr. Gates did not interview her, their common
children, or even Jocelyn. Moreover, her report failed to
state that Malyns alleged psychological incapacity was
grave and incurable.67 Fr. Healys testimony, on the other

hand,wasbasedonlyonTyronesversionofthefacts.68
Malyn reiterates the appellate courts ruling that the
trial court Decision is intrinsically defective for failing to
support
_______________
62Id.,atpp.1320;id.,atpp.596603.
63Id.,atpp.2022;id.,atpp.603605.
64Id.,atpp.2627;id.,atpp.609610.
65RespondentsMemorandum,p.2;id.,atp.551.
66Id.,atpp.1718;id.,atpp.566567.
67Id.,atp.19;id.,atp.568.
68Id.,atp.20;id.,atp.569.
836

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SUPREMECOURTREPORTSANNOTATED

its conclusion of psychological incapacity with factual

findings.
Almost four years after filing her memorandum,
respondent apparently had a change of heart and filed a
ManifestationwithMotionforLeavetoWithdrawComment
andMemorandum.69Shemanifestedthatshewasnolonger
disputingthepossibilitythattheirmarriagemayreallybe
void on the basis of Tyrones psychological incapacity. She
then asked the Court to dispose of the case with justice.70
Her manifestation and motion were noted by the Court in
itsJanuary20,2010Resolution.71
Issue
Whether petitioner has sufficiently proved that
respondentsuffersfrompsychologicalincapacity
Our Ruling
The petition has no merit. The CA committed no
reversibleerrorinsettingasidethetrialcourtsDecisionfor
lackoflegalandfactualbasis.
A petition for declaration of nullity of marriage is
governedbyArticle36oftheFamilyCodewhichprovides:
ART.36.Amarriagecontractedbyanypartywho,atthetime
ofthecelebration,waspsychologicallyincapacitatedtocomplywith
the essential marital obligations of marriage, shall likewise be void
even if such incapacity becomes manifest only after its
solemnization.

Psychological incapacity is the downright incapacity or

inability to take cognizance of and to assume the basic
marital
_______________
69Rollo,pp.650654.
70RespondentsManifestation,p.2;id.,atp.651.
71Rollo, p.662.
837

Kalaw vs. Fernandez,SEPTEMBER19,2011

837

obligations.72 The burden of proving psychological

incapacityisontheplaintiff.73Theplaintiffmustprovethat
the incapacitated party, based on his or her actions or
behavior, suffers a serious psychological disorder that
completely disables him or her from understanding and
discharging the essential obligations of the marital state.
The psychological problem must be grave, must have
existedatthetimeofmarriage,andmustbeincurable.74
Inthecaseatbar,petitionerfailedtoprovethathiswife
(respondent) suffers from psychological incapacity. He
presentedthetestimoniesoftwosupposedexpertwitnesses
who concluded that respondent is psychologically
incapacitated, but the conclusions of these witnesses were
premised on the alleged acts or behavior of respondent
whichhadnotbeensufficientlyproven.Petitionersexperts
heavily relied on petitioners allegations of respondents
constantmahjongsessions,visitstothebeautyparlor,going
out with friends, adultery, and neglect of their children.
Petitionersexpertsopinedthatrespondentsallegedhabits,
whenperformedconstantlytothedetrimentofqualityand
quantityoftimedevotedtoherdutiesasmotherandwife,
constituteapsychologicalincapacityintheformofNPD.
Butpetitionersallegations,whichservedasthebasesor
underlyingpremisesoftheconclusionsofhisexperts,were
notactuallyproven.Infact,respondentpresentedcontrary
evidencerefutingtheseallegationsofthepetitioner.
For instance, petitioner alleged that respondent
constantlyplayedmahjongandneglectedtheirchildrenas
aresult.Re
_______________
72 Republic v. Iyoy, 507 Phil. 485, 502; 470 SCRA 508, 525 (2005),
citing Republic v. Court of Appeals, 335 Phil. 664, 678; 268 SCRA 198,
211(1997).
73 Republic v. Court of Appeals, 335 Phil. 664, 676; 268 SCRA 198,
209(1997).
74 Santos v. Court of Appeals, 310 Phil. 21, 39; 240 SCRA 20, 3334
(1995).
838

838

SUPREMECOURTREPORTSANNOTATED

spondentadmittedlyplayedmahjong,butitwasnotproven
that she engaged in mahjong so frequently that she neg

lected her duties as a mother and a wife. Respondent

refuted petitioners allegations that she played four to five
timesaweek.Shemaintaineditwasonlytwotothreetimes
aweekandalwayswiththepermissionofherhusbandand
without abandoning her children at home. The children
corroboratedthis,sayingthattheywerewiththeirmother
when she played mahjong in their relatives home.
Petitioner did not present any proof, other than his own
testimony,thatthemahjongsessionsweresofrequentthat
respondent neglected her family. While he intimated that
twoofhissonsrepeatedthesecondgrade,hewasnotableto

linkthisepisodetorespondentsmahjongplaying.Theleast
that could have been done was to prove the frequency of
respondentsmahjongplayingduringtheyearswhenthese
twochildrenwereinsecondgrade.Thiswasnotdone.Thus,
whilethereisnodisputethatrespondentplayedmahjong,
itsallegeddebilitatingfrequencyandadverseeffectonthe
childrenwerenotproven.
Alsounprovenwaspetitionersclaimaboutrespondents
allegedconstantvisitstothebeautyparlor,goingoutwith
friends,andobsessiveneedforattentionfromothermen.No
proofwhatsoeverwaspresentedtoprovehervisitstobeauty
salons or her frequent partying with friends. Petitioner
presented Mario (an alleged companion of respondent
during these nightsout) in order to prove that respondent
had affairs with other men, but Mario only testified that
respondent appeared to be dating other men. Even
assumingarguendo that petitioner was able to prove that
respondent had an extramarital affair with another man,
that one instance of sexual infidelity cannot, by itself, be
equated with obsessive need for attention from other men.
Sexualinfidelityper seisagroundforlegalseparation,but
itdoesnotnecessarilyconstitutepsychologicalincapacity.
Given the insufficiency of evidence that respondent
actuallyengagedinthebehaviorsdescribedasconstitutive
of
839

Kalaw vs. Fernandez,SEPTEMBER19,2011

839

NPD, there is no basis for concluding that she was indeed

psychologically incapacitated. Indeed, the totality of the
evidencepointstotheoppositeconclusion.Afairassessment
of the facts would show that respondent was not totally
remiss and incapable of appreciating and performing her
maritalandparentalduties.Notoncedidthechildrenstate
thattheywereneglectedbytheirmother.Onthecontrary,
theynarratedthatshetookcareofthem,wasaroundwhen
theyweresick,andcookedthefoodtheylike.Itappearsthat
respondent made real efforts to see and take care of her
childrendespiteherestrangementfromtheirfather.There
wasnotestimonywhatsoeverthatshowsabandonmentand
neglectoffamilialduties.Whilepetitionercitesthefactthat
his two sons, Rio and Miggy, both failed the second
elementaryleveldespitehavingtutors,thereisnothingto
linktheiracademicshortcomingstoMalynsactions.
Afterporingovertherecordsofthecase,theCourtfinds
no factual basis for the conclusion of psychological
incapacity.ThereisnoerrorintheCAsreversalofthetrial
courts ruling that there was psychological incapacity. The
trial courts Decision merely summarized the allegations,
testimonies,andevidenceoftherespectiveparties,butitdid
not actually assess the veracity of these allegations, the
credibilityofthewitnesses,andtheweightoftheevidence.
The trial court did not make factual findings which can
serve as bases for its legal conclusion of psychological
incapacity.
What transpired between the parties is acrimony and,

perhaps,infidelity,whichmayhaveconstrainedthemfrom
dedicatingthebestofthemselvestoeachotherandtotheir
children. There may be grounds for legal separation, but
certainlynotpsychologicalincapacitythatvoidsamarriage.
WHEREFORE, premises considered, the petition is
DENIED.TheCourtofAppealsMay27,2004Decisionand
itsDecember15,2004ResolutioninCAG.R.CVNo.64240
areAFFIRMED.
840

840

SUPREMECOURTREPORTSANNOTATED

SOORDERED.
Corona (C.J., Chairperson),
BersaminandPerez,** JJ.,concur.

LeonardoDe

Castro,

Petition denied, judgment and resolution affirmed.

Note.Amereshowingofirreconcilabledifferencesand
conflicting personalities does not equate to psychological
incapacity.(Halili vs. SantosHalili,551SCRA576[2008])
o0o
_______________
** In lieu of Associate Justice Martin S. Villarama, Jr., per Special
OrderNo.1080datedSeptember13,2011.

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