Kalaw vs.

Fernandez
Case digest by: Andrea Isabel Concepcion
Legal Basis/Doctrine:
Article 36 of the Family Code
Article 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to
comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes
manifest only after its solemnization (As amended by E.O. 227)
Facts:
Petition for nullity of marriage
Petitioner failed to prove that his wife (respondent) suffers from psychological incapacity. He presented two supposed
expert witnesses who concluded that respondent is psychologically incapacitated
Petitioners experts relied heavily on the petitioners allegations of respondents constant mahjong sessions, visits to
the beauty parlor, going out with friends, adultery, neglect of their children
Petitioners experts opined that respondents alleged habits constitute a psychological incapacity in the form of NPD
Petitioner did not present any proof other than his own testimony on the mahjong sessions
There is no basis for concluding that she was indeed psychologically incapacitated
The totality of the evidence points to the opposite conclusion
The Court found no factual basis for the conclusion of psychological incapacity and no error in the CAs reversal of the
trial courts ruling that there was psychological incapacity
The petitioner filed for a Motion for Reconsideration, which implores the Court to take a thorough second look
Psychological Incapacity as a ground for the nullity of marriage under Article 36 of the Family Code refers to a serious
psychological illness afflicting a party even prior to the celebration of the marriage that is permanent as to deprive the
party of the awareness of the duties and responsibilities of the matrimonial bond he or she was about to assume
Members of the Family Code Revision Committee were not unanimous on the meaning, and in the end they decided to
adopt the provision with less specificity than expected in order to have the law allow some resiliency in its
application
The Family Code Committee desired that the courts should interpret the provision on a case-to-case basis, guided by
experts
Guidelines for the application and interpretation of Article 36 of the Family Code
1. Burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in
favor of the existence and continuation of the marriage and against its dissolution and nullity
2. Root cause of psychological incapacity must be:
a) Medically or clinically identified
b) Alleged in the complaint
c) Sufficiently proven by experts
d) Clearly explained in the decision
3. The incapacity must be proven to be existing at the time of the celebration of the marriage, when the parties
exchanged their I dos
4. Such incapacity must be shown to be medically or clinically permanent or incurable. Such incurability may be
absolute or even relative only in regard to the other spouse.
5. Such illness must be grave enough to bring the disability of the party to assume the essential obligations of
marriage. Thus, mild characteriological peculiarities, mood changes, occasional emotional outbursts cannot
be accepted
6. The essential marital obligations must be those embraced by Articles 68 to 71 of the Family Code as regards
the husband and wife as well as Article 220, 221 and 225 of the same Code in regards to parents and their
children
7. Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines,
while not controlling or decisive, should be given great respect by our courts
8. The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for
the state. No decision shall be handed down unless the Solicitor General issues a certification, which will be
quoted in the decision.
The Court finds that it as improper and unwarranted to give such expert opinions of the petitioners expert witnesses
a merely generalized consideration and treatment
Issues:
Whether or not the marriage was void on the ground of psychological incapacity based on expert testimony
Decision:
It is settled that the courts must accord weight to expert testimony on the psychological and mental state of the parties
in cases for the declaration of the nullity of marriages
Courts must not discount but instead must consider as decisive evidence the expert opinion on the psychological and
mental temperaments of the parties
The Courts GRANTS the Motion for Reconsideration, NULL AND VOID AB INITIO due to the psychological incapacity of
the parties pursuant to Article 36 of the Family Code