GR No.

166357

Parties: Valeriano (Tyrone) Kalaw, Petitioner

Ma. Elena (Malyn) Fernandez, Respondent

FACTS :

 The two met in 1973 and got married in HongKong in 1976. They have 4 children.
 Tyrone had an affair with Jocelyn Quejano and gave birth to a son in 1983.
 In 1985, Malyn left the Conjugal home and her 4 children with Tyrone.
 Tyrone started living with Jocelyn, who gave birth to 3 more children.
 9 years after the separation from his wife, Tyrone filed for nullity of marriage before the
Regional Trial Court.
 Tyrone presented a psychologist, Dr. Gates, a Catholic Canon Law expert Fr. Healy, to testify on
Malyn’s Psychological incapacity.
 Dr. Gates diagnosed Malyn with Narcissistic Personality Disorder (NPD) based on his interview
with Tyrone, Trinidad Kala (Malyn’s Sister-in-Law) and their Son.
 Fr. Healy characterized Malyn’s psychological incapacity as grave and incurable based from the
trial’s transcript reports, from Dr. Dayan and Malyn’s expert witness.

PROBLEM : Whether or not there is psychological incapacity on the part of Malyn.

RECOURSE/WHO Went to Court :

RTC Decision :

RULING :

Yes because Article 36 of the Family Code provides, 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 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.