Article 36.

Psychological incapacity
Case Facts Issue Relevant Laws Holding
Kalaw vs Petitioner Valerio Kalaw (Tyrone) and Ma. Elena Fernandez (Malyn) were married in Whether Article 36. No. Petitioner failed
Fernandez November 1976. They had four children namely Rio, Ria, Miggy, and Jay. petitioner Psychological to prove that his wife
G.R. has incapacity – A suffers from
166357, Tyrone, had an extramarital affair with a certain Jocelyn Quijano, who gave birth to a sufficiently marriage psychological
Septembe son in 1983. proved that contracted by incapacity.
r 19, 2011 respondent any party, who
In May 1985, Malyn left their conjugal homes (Kalaw in-laws) and left their children suffers from at the time of There is no error in
with Tyrone. Meanwhile, Tyrone started living with Jocelyn who bore him three more psychologic the celebration, the CA’s reversal of
children. al incapacity was the trial court ruling
psychologically that there was
In 1990, Tyrone went to the U.S with Jocelyn and their children. His children with incapacitated to psychological
Malyn was left in a rented house in Valle Verde with only a driver and a househelp, comply with the incapacity. The trial
who would call Malyn in case any of the children got sick. Also, according to their essential court merely
custody agreement, the children stayed with her during the weekends. marital summarized the
obligations of allegations,
On July 1994, Tyrone filed a petition for declaration of nullity based on Article 36 of marriage, shall testimonies, and
the Family Code alleging Malyn as psychologically incapacitated to perform and likewise be void evidence of the
comply with the essential marital obligations at the time of the celebration of their even if such respective parties,
marriage. incapacity but did not actually
becomes assess the veracity of
Petitioner’s version (Tyrone) manifest only the allegations, the
Malyn’s psychological incapacity was shown in the following acts: after its credibility of the
1. She left the children without proper case as she played mahjong all day and solemnization. witnesses, and the
all night; weight of the
2. She left the house to party with male friends and returned in the early evidence. The trial
hours of the next day; and court did not make
3. She committed adultery on June 9, 1985, which Tyrone discovered in Psychological factual findings which
flagrante delicto. incapacity is the can serve as basis for
downright its legal conclusion of
During trial, Tyrone narrated that on June 9, 1985, he and his brother-in-law, Ronald incapacity or psychological
Fernandez, proceeded to Hyatt Hotel and learned that Malyn was occupying a room inability to take incapacity. There may
with a certain Benjie Guevarra. When he proceeded to the room, he saw Benjie cognizance of be grounds for legal
wearing only a towel in his waist and Malyn in bed in her underwear. After an and to assume separation but
exchange of words, Tyrone agreed not to charge Malyn with adultery if she agrees to the basic certainly not
relinquish all her marital and parental rights. They put the agreement in writing marital psychological
before Atty. Jose Palarca. obligations. The incapacity with voids
burden of a marriage.
Tyrone presented a psychologist, Dr. Cristine Gates, and a Catholic canon law expert proving
Fr. Gerard Healy to testify on Malyn’s psychological incapacity. psychological Petitioner presented
incapacity is on two expert witnesses
Dr. Gates explained that Malyn’s behavior may reflect a narcissistic personality the plaintiff. to prove that
disorder (NPD). NPD is present when a person is obsessed to meet her wants and respondent has
needs in utter disregard of her significant other. In this case, neglect of her duties as a psychological
mother. He also reported that Malyn’s personality disorder may have been present incapacity. However,
even before the marriage and is rooted in her family background and upbringing as testimonies on the
she was materially deprived and has no proper maternal role model. alleged behavior of
the respondents were
Fr. Healy agreed with Dr. Gates’ statement, explaining that Malyn’s psychological not proven.
incapacity was rooted in her role as a breadwinner. This role inflated her ego to a
point that her needs become priority while her family is secondary. For instance,
petitioner alleged
Respondent’s contention (Malyn) that respondent
Malyn denied being psychologically incapacitated. She only played mahjong two to constantly played
three times a week between 1-6pm, with Tyrone’s permission and would bring with mahjong with her
her the children. friends. Respondent
admittedly playing
She left their conjugal home to escape her physically abusive husband. She also mahjong but not so
denied the allegations of adultery by saying she only booked a room in Grand Hyatt frequently as to
hotel because she was too drunk. She confirmed being seen by Tyrone and her neglect her duty as a
brother but she was fully clothed and only wrote the letter relinquishing her marital mother and wife. She
and parental rights under duress. even argued that this
only happened two to
As a defense, Malyn claimed that it was Tyrone suffering from psychological three times a week,
 incapacity manifested by his drug dependence, habitual drinking, womanizing and with consent of
physical violence. She presented Dr. Dayan, a cilincal psychologist, as her expert Tyrone, and without
witness. abandoning their
children. The children
Dr. Dayan interviewed Tyrone, Malyn, Miggy, Jay, and Ria for the psychological affirmed this saying
evaluation of the spouses. Her diagnostic impression is that their marriage was a they were with Malyn
mistake from the very beginning. They were not truly ready for the marriage. Malyn when she plays
became too dependent on their relationship and as a result, Tyrone became mahjong.
overwhelmed with the commitment of marriage. Dr. Dayan then elaborated that
Malyn had good relationship with the kids and that Tyrone has commitment issues There is also no
and is psychologically incapacitated to perform his duties as a husband. sufficient evidence
that the respondent is
Children’s version suffering from NPD,
All the children stated that both parents took care of them, and provided for their thus no basis for
needs. They also mentioned Malyn being present during times when they were sick. concluding she was
The two elder kids remembered the fight between their parents but it was only Ria psychologically
who saw the physical abuse done to Malyn. incapacitated. The
totality of the
Other witnesses evidence showed that
Dr. Cornelio Banaag (Tyrone’s psychiatrist) – testified that he tested negative for drug respondent was able
use and was not drug dependent to perform her duties
as a mother.
Malyn’s brother – testified that they did not enter the room in Grand Hyatt and does
not recall seeing Malyn or Benjie naked

Mario calma (allegedly Malyn’s friend) – stated their group would go on night out and
Malyn would meet with male friends afterwards

Social worker
The trial court ordered a social worker, Jocelyn Arre, to conduct a social case study on
their family. Arre suggested Malyn should get custody of the children. She argued that
Malyn was more available to the children and actually tended to their needs while
Tyrone prioritized his second family

Ruling of Regional Trial Court

Declared the parties’ marriage void ab initio pursuant to Article 36 of the Family
Code. Both parties failed to commit themselves to their essential marital obligations
constituting phycological incapacity which was found to be grave, pervasive and
incurable.

Ruling of the Court of Appeals

Malyn appealed the trial court’s decision. CA reversed trial courts’ ruling stating the
facts do not support the finding of psychological incapacity. It only pictures the
parties’ immaturity and irresponsibility. At most, there may be grounds for legal
separation. Moreover, petitioner’s expert witness failed to explain how the diagnosis
of NPD was drawn from his sources. It failed to satisfy legal and jurisprudential
requirements for declaration of nullity of marriage.

Petitioner’s argument
Tyrone argues that the CA erred in disregarding factual findings of the court. He
opined that he has presented Dr. Gates and Fr. Healy’s testimonies as preponderant
evidence, to show respondent suffered from NPD.

Respondent’s argument
Malyn argues that testimonies of their children as well as the findings of the court’s
social worker proved that she was a good mother. She assails Dr. Gates report as one-
sided because she was not interviewed and that Fr. Healy’s testimony was only based
on Tyrone’s version of facts.

Almost four years after filing memorandum, respondent had a change of heart and
filed a Manifestation with Motion for Leave to Withdraw Comment and
Memorandum. She no longer disputes the possibility of their marriage as void on the
basis of Tyrone’s psychological incapacity.
Kalaw vs
Fernandez
G.R.
166357,
January
14, 2015