a.

Doctrine: Psychological Incapacity; Given the variability and intensity

of intimate human relationships, Article 36 of the Family Code on
psychological incapacity as a ground for declaration of nullity of
marriage was intended to be humane and evolved on a case-to-case
basis, but resilient in its application.
b. Case Title: Rosanna Tan-Andal vs. Mario Victor Andal, G.R. No.
196359, (J. Leonen) (May 11, 2021)
c. Facts:
1. Mario Andal and Rosanna Tan got married on December 16, 1995.
On July 27, 1996, Rosanna gave birth to Ma. Samantha. Prior to the
wedding, Mario already showed signs of odd behavior.
2. They got separated in 2000 and Rosanna has kept the sole custody
of Ma. Samantha.
3. He would be gone for several days and could not justify his
whereabouts to Rosanna. He would be very hyper-active at night,
and would sleep all day when he is at home. Rosanna then found
out about the drug abuse to which he did not deny but justified that
he needed it to keep him going with all the pressures of his work.
4. Rosanna filed for the petition for nullity of their marriage under Art.
36. To prove Mario’s psychological incapacity, Rosanna presented
Dr. Garcia, a physician-psychiatrist, as an expert witness.
5. Dr. Garcia diagnosed him with narcissistic antisocial personality
disorder and substance abuse disorder with psychotic features.
6. The Trial Court has voided their marriage. Mario moved for
reconsideration, which the trial court denied. The Court of Appeals,
then, reversed the trial court’s ruling.
7. Rosanna moved for reconsideration for which the CA denied.
d. Issue/s: Whether or not the marriage between Mario and Rosanna is
void due to psychological incapacity.
e. Held: The Court held in affirmative.

WHEREFORE, the Petition for Review on Certiorari is GRANTED.

The Court of Appeals’ February 25, 2010 Decision and April 6, 2011
Resolution in CA-GR CV No. 90303 are REVERSED and SET
ASIDE. The May 9, 2007 Decision of the Regional Trial Court of
Paranaque City, Branch 260, in Civil Cases 01-0228 and 03-0384
is REINSTATED.

SO ORDERED.