Republic of the Philippines

SUPREME COURT
Manila

FIRST DIVISION

G.R. No. 166357 September 19, 2011

VALERIO E. KALAW, Petitioner,

vs.
MA. ELENA FERNANDEZ, Respondent.

DECISION

DEL CASTILLO, J.:

A finding of psychological incapacity must be supported by well-established facts. It is the plaintiffs

burden to convince the court of the existence of these facts.

Before the Court is a Petition for Review1 of the Court of Appeals (CA) May 27, 2004 Decision 2 and
December 15, 2004 Resolution3 in CA-G.R. CV No. 64240, which reversed the trial courts declaration of
nullity of the herein parties marriage. The fallo of the assailed Decision reads:

WHEREFOREthe appeal is GRANTED, and the assailed Decision is SET ASIDE and VACATED while
the petition for declaration of nullity of marriage is hereby DISMISSED.

SO ORDERED.4

Factual Antecedents

Petitioner Valerio E. Kalaw (Tyrone) and respondent Ma. Elena Fernandez (Malyn) met in 1973. They
maintained a 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 Jaime Teodoro (Jay).

Shortly after the birth of their youngest son, Tyrone had an extramarital affair with Jocelyn Quejano
(Jocelyn), who gave birth to a son in March 1983. 5

In May 1985, Malyn left the conjugal home (the house of her Kalaw in-laws) and her four children with
Tyrone.6Meanwhile, Tyrone started living with Jocelyn, who bore him three more children.7

In 1990, Tyrone went to the United States (US) with Jocelyn and their children. He left his four children
from his marriage with Malyn in a rented house in Valle Verde with 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, the children stayed with Malyn on weekends. 9

In 1994, the two elder children, Rio and Ria, asked for Malyns permission to go to Japan for a one-week
vacation. Malyn acceded only to learn later that Tyrone brought the children to the US. 10 After just one
year, Ria returned to the Philippines and chose to live with Malyn.

Meanwhile, Tyrone and Jocelyns family returned to the Philippines and resumed physical custody of the
two younger children, Miggy and Jay. According to Malyn, 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

On July 6, 1994, nine years since the de facto separation from his wife, Tyrone filed a petition for
declaration of nullity of marriage based on Article 36 of the Family Code.12 He alleged that Malyn was
psychologically incapacitated to perform and comply with the essential marital obligations at the time of
the celebration of their marriage. He further claimed that her psychological incapacity was manifested by
her immaturity and irresponsibility towards Tyrone and their children during their co-habitation, as shown
by Malyns following acts:

1. she left the children without proper care and attention as she played mahjong all day and all
night;

2. she left the house to party with male friends and returned in the early hours of the following
day; and

3. she committed adultery on June 9, 1985, which act Tyrone discovered in flagrante delicto. 13

During trial,14 Tyrone narrated the circumstances of Malyns alleged infidelity. According to him, on June
9, 1985, he and his brother-in-law, Ronald Fernandez (Malyns brother), proceeded to Hyatt Hotel and
learned that Malyn was occupying a room with a certain Benjie Guevarra (Benjie). When he proceeded to
the said room, he saw Benjie 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 marital and
parental rights.16 They put their agreement in writing before Atty. Jose Palarca.

Tyrone presented a psychologist, Dr. Cristina Gates (Dr. Gates), and a Catholic canon law expert, Fr.
Gerard Healy, S.J. (Fr. Healy), to testify on Malyns psychological incapacity.

Dr. Gates explained on the stand that the factual allegations regarding Malyns behavior her sexual
infidelity, habitual mahjong playing, and her frequent nights-out with friends may reflect a narcissistic
personality disorder (NPD).17 NPD is present when a person is obsessed to meet her wants and needs in
utter disregard of her significant others.18 Malyns NPD is manifest in her utter neglect of her duties as a
mother.19

Dr. Gates reported that Malyns personality disorder "may have been evident even prior to her marriage"
because it is rooted in her family background and upbringing, which the psychologist gathered to be
materially deprived and without a proper maternal role model.20

Dr. Gates based her diagnosis on the facts revealed by her interviews with Tyrone, Trinidad Kalaw
(Tyrones sister-in-law), and the son Miggy. She also read the transcript of Tyrones court testimony. 21

Fr. Healy corroborated Dr. Gates assessment. He concluded that Malyn was psychologically
incapacitated to perform her marital duties.22 He explained that her psychological incapacity is rooted in
her role as the breadwinner of 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 time with friends are not disorders by themselves.
They only constitute psychological incapacity whenever inordinate amounts of time are spent on these
activities to the detriment of ones familial duties.23 Fr. Healy characterized Malyns psychological
incapacity as grave and incurable.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 allegations regarding Malyns "habits" because he believed it is the courts duty to do
so.26 Instead, he formed his opinion on the assumption that the factual allegations are indeed true.

Malyns version

Malyn denied being psychologically incapacitated.27 While she admitted playing mahjong, she denied
playing as frequently as Tyrone alleged. She maintained that she did so only two to three times a week
and always between 1 p.m. to 6 p.m. only.28 And in those instances, she always had Tyrones permission
and would often bring the children and their respective yayas with her.29 She maintained that she did not
neglect her duties as mother and wife.

Malyn admitted leaving the conjugal home in May 1985. She, however, explained that she did so only to
escape her physically abusive husband.30 On the day she left, Tyrone, who preferred to keep Malyn a
housewife, was upset that Malyn was preparing to go to work. He called up the security guards and
instructed them not to let Malyn out of the house. Tyrone then placed cigarette ashes on Malyns head
and proceeded to lock the bedroom doors. Fearing another beating, Malyn rushed out of their bedroom
and into her mother-in-laws room. She blurted that Tyrone would beat her up again so her mother-in-law
gave her P300 to leave the house.31 She never returned to their conjugal home.

Malyn explained that she applied for work, against Tyrones wishes, because she wanted to be self-
sufficient. Her resolve came from her discovery that Tyrone had a son by Jocelyn and had secretly gone
to the US with Jocelyn.32

Malyn denied the allegation of adultery. She maintained that Benjie only booked a room at the Hyatt Hotel
for her because she was so drunk after partying with friends. She admitted finding her brother Ronald and
Tyrone at the door of the Hyatt Hotel room, but maintained being fully clothed 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 children by surreptitiously visiting them in school. She
later obtained partial custody of the children as an incident to the legal separation action filed by Tyrone
against her (which action was subsequently dismissed for lack of interest).

As an affirmative defense, Malyn maintained that it was Tyrone who was suffering from psychological
incapacity, as manifested by his drug dependence, habitual drinking, womanizing, and physical
violence.35 Malyn presented Dr. Dayan a clinical psychologist, as her expert witness.

Dr. Dayan interviewed Tyrone, Malyn, Miggy/Mickey, Jay, and Ria for her psychological evaluation of the
spouses. The factual narrations culled from these interviews reveal that Tyrone found Malyn a "lousy"
mother because of her mahjong habit,36 while Malyn was fed up with Tyrones sexual infidelity, drug habit,
and physical abuse.37 Dr. Dayan determined that both Tyrone and Malyn were behaviorally immature.
They encountered problems because of their personality differences, which ultimately led to the demise of
their marriage. Her diagnostic impressions are summarized below:

The marriage of Tyrone and Malyn was a mistake from the very beginning. Both of them were not truly
ready for marriage even after two years of living together and having a child. When Malyn first met Tyrone
who showered her with gifts, flowers, and affection she resisted his overtures. She made it clear that she
could take him or leave him. But the minute she started to care, she became a different person clingy
and immature, doubting his love, constantly demanding reassurance that she was the most important
person in his life. She became relationship-dependent. It appears that her style then was when she
begins to care for a man, she puts 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 admitted that when he was in his younger years, he was often out seeking other
women. His interest in them was not necessarily for sex, just for fun dancing, drinking, or simply flirting.

Both of them seem behaviorally immature. For some time, Malyn adapted to her husband who was a
moody man with short temper and unresolved issues with parents and siblings. He was a distancer,
concerned more about his work and friends tha[n] he was about spending time with his family. Because of
Malyns and Tyrones backgrounds (both came from families with high conflicts) they experienced turmoil
and chaos in their marriage. The conflicts they had struggled to avoid suddenly galloped out of control
Their individual personalities broke through, precipitating the demise of their marriage. 38

Dr. Dayan likewise wrote in her psychological evaluation report that Malyn exhibited significant, but not
severe, dependency, narcissism, and compulsiveness. 39

On the stand, the psychologist elaborated that while Malyn had relationship problems with Tyrone, she
appeared to have a good relationship with her kids.40 As for Tyrone, he has commitment issues which
prevent him from committing himself to his duties as a husband. He is unable to remain faithful to Malyn
and is psychologically incapacitated to perform this duty.41

Childrens version

The children all stated that both their parents took care of them, provided for their needs, and loved them.
Rio testified that they would accompany their mother to White Plains on days that she played mahjong
with her friends. None of them reported being neglected or feeling abandoned.

The two elder kids remembered the fights between their parents but it was only Ria who admitted actually
witnessing physical abuse inflicted on her mother.42 The two elder kids also recalled that, after the
separation, their mother would visit them only in school.43

The children recalled living in Valle Verde with only the househelp and driver during the time that their
dad was abroad.44 While they did not live with their mother while they were housed in Valle Verde, the
kids were in agreement that their mother took care of them on weekends and would see to their needs.
They had a common recollection that the househelp would call their mother to come and take care of
them in Valle Verde whenever any of them was sick.45

Other witnesses

Dr. Cornelio Banaag, Tyrones attending psychiatrist at 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 for drugs and was not
a drug dependent.47

Malyns brother, Ronald Fernandez, confirmed Tyrones allegation that they found Malyn with Benjie in
the Hyatt hotel room. Contrary to Tyrones version, he testified that neither he nor Tyrone entered the
room, but stayed in the hallway. He likewise did not recall seeing Benjie or Malyn half-naked.48

Tyrone then presented Mario Calma (Mario), who was allegedly part of Malyns group of friends. He
stated on the stand that they would go on nights-out as a group and Malyn would meet with a male
musician-friend afterwards.49

Social worker

The trial court ordered the court social worker, Jocelyn V. Arre (Arre), to conduct a social case study on
the parties as well as the minor children. Arre interviewed the parties Tyrone and Malyn; the minor
children Miggy/Mickey and Jay; Tyrones live-in partner, Jocelyn;50 and Tyrone and Malyns only
daughter, Ria. While both parents are financially stable and have positive relationships with their children,
she recommended that the custody of the minor children be awarded to Malyn. Based on the interviews
of family members themselves, Malyn was shown to be more available to the children and to exercise
better supervision and care. The social worker commended the fact that even after Malyn left the conjugal
home in 1985, she made efforts to visit her children clandestinely in their respective schools. And while
she was only granted weekend custody of the children, it appeared that she made efforts to personally
attend to their needs and to devote time with them.51

On the contrary, Tyrone, who had custody of the children since the couples de facto separation, simply
left the children for several years with only a maid and a driver to care for them while he lived with his
second family abroad.52 The social worker found that Tyrone tended to prioritize his second family to the
detriment of his children with Malyn. Given this history during the formative years of the children, the
social worker did not find Tyrone a reliable parent to whom custody of adolescents may be awarded.

Ruling of the Regional Trial Court53

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 Decision is encapsulated in this paragraph:

From the evidence, it appears that parties are both suffering from psychological incapacity to perform
their essential marital obligations under Article 36 of the Family Code. The parties entered into a marriage
without as much as understanding what it entails. 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, and serious such that both are incapable of carrying out the 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 pursuant to Article 36 of the Family
Code.55

Ruling of the Court of Appeals56

Malyn appealed the trial courts Decision to the CA.1wphi1 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 finding of psychological incapacity. The parties faults tend only to picture
their immaturity and irresponsibility in performing their marital and familial obligations. At most, there may
be sufficient grounds for a legal separation.57Moreover, the psychological report submitted by petitioners
expert witness, Dr. Gates, does not explain how the diagnosis of NPD came to be drawn from the
sources. It failed to satisfy the legal and jurisprudential requirements for the declaration of nullity of
marriage.58

Tyrone filed a motion for reconsideration59 but the same was denied on December 15, 2004.60

Petitioners arguments

Petitioner Tyrone argues that the CA erred in disregarding the factual findings of the trial court, which is
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, to wit:
 a) the expert witnesses, Dr. Gates and Fr. Healy, proved on the stand that respondents
egocentric attitude, immaturity, self-obsession and self-centeredness were manifestations of
respondents NPD;61

b) these expert witnesses proved that respondents NPD is grave and incurable and prevents her
from performing her essential martial obligations;62 and

c) that respondents NPD existed at the time of the celebration of the marriage because it is
rooted in her upbringing, family background, and socialite lifestyle prior to her marriage. 63

Petitioner stresses that even respondent insisted that their marriage is void because of psychological
incapacity, albeit on petitioners part.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 effect that she was a good, loving, and attentive mother are sufficient to rebut Tyrones allegation that
she was negligent and irresponsible.66

She assails Dr. Gatess report as one-sided and lacking in 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, was based only on
Tyrones version of the facts.68

Malyn reiterates the appellate courts ruling that the trial court Decision is intrinsically defective for failing
to support 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
Manifestation with Motion for Leave to Withdraw Comment and Memorandum.69 She manifested that she
was no longer disputing the possibility that their marriage may really be 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 its January 20, 2010 Resolution. 71

Issue

Whether petitioner has sufficiently proved that respondent suffers from psychological incapacity

Our Ruling

The petition has no merit. The CA committed no reversible error in setting aside the trial courts Decision
for lack of legal and factual basis.

A petition for declaration of nullity of marriage is governed by Article 36 of the Family Code which
provides:

ART. 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.

Psychological incapacity is the downright incapacity or inability to take cognizance of and to assume the
basic marital obligations.72 The burden of proving psychological incapacity is on the plaintiff. 73 The plaintiff
must prove that 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 existed at
the time of marriage, and must be incurable.74

In the case at bar, petitioner failed to prove that his wife (respondent) suffers from psychological
incapacity. He presented the testimonies of two supposed expert witnesses who concluded that
respondent is psychologically incapacitated, but the conclusions of these witnesses were premised on the
alleged acts or behavior of respondent which had not been sufficiently proven. Petitioners experts heavily
relied on petitioners allegations of respondents constant mahjong sessions, visits to the beauty parlor,
going out with friends, adultery, and neglect of their children. Petitioners experts opined that respondents
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 NPD.

But petitioners allegations, which served as the bases or underlying premises of the conclusions of his
experts, were not actually proven. In fact, respondent presented contrary evidence refuting these
allegations of the petitioner.

For instance, petitioner alleged that respondent constantly played mahjong and neglected their children
as a result. Respondent admittedly played mahjong, but it was not proven that she engaged in mahjong
so frequently that she neglected her duties as a mother and a wife. Respondent refuted petitioners
allegations that she played four to five times a week. She maintained it was only two to three times a
week and always with the permission of her husband and without abandoning her children at home. The
children corroborated this, saying that they were with their mother when she played mahjong in their
relatives home. Petitioner did not present any proof, other than his own testimony, that the mahjong
sessions were so frequent that respondent neglected her family. While he intimated that two of his sons
repeated the second grade, he was not able to link this episode to respondents mahjong-playing. The
least that could have been done was to prove the frequency of respondents mahjong-playing during the
years when these two children were in second grade. This was not done. Thus, while there is no dispute
that respondent played mahjong, its alleged debilitating frequency and adverse effect on the children
were not proven.

Also unproven was petitioners claim about respondents alleged constant visits to the beauty parlor,
going out with friends, and obsessive need for attention from other men. No proof whatsoever was
presented to prove her visits to beauty salons or her frequent partying with friends. Petitioner presented
Mario (an alleged companion of respondent during these nights-out) in order to prove that respondent
had affairs with other men, but Mario only testified that respondent appeared to be dating other men.
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
necessarily constitute psychological incapacity.

Given the insufficiency of evidence that respondent actually engaged in the behaviors described as
constitutive of NPD, there is no basis for concluding that she was indeed psychologically incapacitated.
Indeed, the totality of the evidence points to the opposite conclusion. A fair assessment of the facts would
show that respondent was not totally remiss and incapable of appreciating and performing her marital and
parental duties. Not once did the children state that they were neglected by their mother. On the contrary,
they narrated that she took care of them, was around when they were sick, and cooked the food they like.
It appears that respondent made real efforts to see and take care of her children despite her
estrangement from their father. There was no testimony whatsoever that shows abandonment and
neglect of familial duties. While petitioner cites the fact that his two sons, Rio and Miggy, both failed the
second elementary level despite having tutors, there is nothing to link their academic shortcomings to
Malyns actions.

After poring over the records of the case, the Court finds no factual basis for the conclusion of
psychological incapacity. There is no error in the CAs reversal of the trial courts ruling that there was
psychological incapacity. The trial courts Decision merely summarized the allegations, testimonies, and
evidence of the respective parties, but it did not actually assess the veracity of these allegations, the
credibility of the witnesses, and the weight of the evidence. 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, which may have constrained
them from dedicating the best of themselves to each other and to their children. There may be grounds
for legal separation, but certainly not psychological incapacity that voids a marriage.

WHEREFORE, premises considered, the petition is DENIED. The Court of Appeals May 27, 2004
Decision and its December 15, 2004 Resolution in CA-G.R. CV No. 64240 are AFFIRMED.

SO ORDERED.