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    7 views53 pages

    Andal Vs Andal, GR

    Uploaded by

    Russel Tamayo

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    Today is Wechnesday, September 27,2028, + \The LAWPHIL Project PHILIPPINE LAWS AND JURISPRUDENCE DATABANK Supreme Court Manila EN BANC (GR. No, 196359, May 11,2021] ROSANNA L, TAN-ANDAL, PETITIONER, VS. MARIO VICTOR M. ANDAL, RESPONDENT. DECISION LEONEN, Given the variabity and intensity of intimate human relationships, Article 36 of the Family Code on psychological incapacity as a ground for decaration of nulty of mariage was inonded to be humane and evalved n'a case-fo-case basis. but resilont in ts application. However, clametrically opposed to this intent, tris Courts interpretation of the proviior—beginning witn Santos v. Court of Appeals’ and Republic w Court of Appeals and ‘Moiina’—nas proven tobe resticive, rigid, and intusive on our rights to iberty, autonomy, an human dignity Its time to restate the current doctrine in light of the evoluton of scence, subsequent cases, and other contemporary circumstances. This Court resolves the Petition for Roview on Cortrar? assallng the Court of Appeals’ Decision’ and Resolution’ The Cour of Appeals reversed and eat aside the Decision’ of the Regional Tal Court that voided the ‘marriage between Rosanna L. Tan-Ardal and Maro Vito: M. Andal due to psychological Incapacity. The bal court Tkewise awarded the sole custody of the pares’ daughter, Ma. Samantha, o Rosanna. Maro Victor M. Adal (Mario) and Rosanna L. Tan (Rosanna) married on December 16, 1985 at the Saints Peter and Paul Parish in Poblacion, Makal Ci.” On July 27, 1996, Rosanna gave birt fo Ma, Samantha, the only child ofthe parties." The family lived in a duplex in Parahague City, wih Rosanna’s parents living in the other half of the duplex” ‘Alor four years of marriage, Mario and Rosanna separate in 2000." Rosanna has since kept the sole custody of Ma, Samanta,” (On December 18, 2001, Mari fled a Petiion”? for custody of Ma. Samantha before the Regional Trial Cour. Maro argued tnt he and nis wife had equal righ to te custody of Ma. Samantha, thus praying hat he oe allowed to exoreise parental authonty over his daugnter.” (On August 6, 2003, Rosanna fled a Petton" for declaration of nulity of her martage, clalming that Maro was psychologically incapacitated to comply with his essential marital obligations to her. ‘The Regional Trial Cour ordered the prosecutor to report on the parties! possible collusion in fling the Potion. na February 18, 2004 Repor,* Prosecutor IV. Savedia declared that he found na signs of colusion between Maro and Rosanna. ‘The cases for custody and declaration of nulily were then consolidated in @ September 2, 2004 Order.” ‘According to Rosanna, se frst met Maro in 1975 through the Legion of Mary a Parish in Makai. They wrole each other letlre unl 1978, when they lost contact with ‘Saints Peter and Paul ch ober.” ‘The parties reconnected in 1995 when Mario sought aut Rosanna through thelr cilshood friends." When they finaly met agan, Mario was inthe Philopines fora two-month vacation ftom nis work i lly.” He then persisted in ‘asking out Rosanna for a date, As Maria was seta leave in June 1995, Rosanna agreed to have dinner wih him. Maro then courted Rosanna, declaring that he had been in love with her for the past 20 years.” Rosanna eventually feline with Mario and agreed to be his gitiend.** Mario did not leave for Hal in une, giving him more me to spend with Rosanna. On June 17, 1995, Mario proposed and Rosanna agreed to marry him in December that year.” While they were together, Rosanna noticed that there ware mes when Mario "would be unaccounted for a whole night or an entre day[]” When asked where he wert, Mario would allegedly say that he was working.”* Mario also kept postponing his tip back to Italy. When asked why, Mario would ether say that he was with fronds or that he was “preparing for [his and Rosannais future.” Since Maria was allgecly affectionate whenever they were together, Rosanna beloved him.” AAccocdng to Rosanna, Maro once fol her ofa plan to blow up a ship to get ack at a Teivanese national who had cheated on his fend in a business deal.” Rosanna frst thought that Maro had eon joking, but whan Mario ‘appeared serious about his plan, she said that she did not want to get involved in any of his “shady deals In July 1995, Maro fnally le for tly, promising Rosanna that he would be back by November for their December wedding.” However, Mari was back by September, barely two months afer he had le. sumed out that Maro had quit his job." After Mario's return, Rosanna noticed that Mario always went out at night and would come back home at dav, either alone or wit Fis fiends.” He also had diffeuty in managing his finances, wit his siblings alogedly caing Rosanna and teling her thal thelr brother was financial incapablo of supporting a family.” However, Rosanna was already deeply in love with Maro, so she told his sisters that she accepted Mario for who he was.” Nevertheless, there were times when Mario would allegedly be extremely irlable and moody, causing Rosanna to have second thoughts about marrying him,” However, by November 1995, Rosanna was already pregnant with thelr chiles When Rosanna told Mario about i, he became more eager to marty ner. He even gave Rosanna [USS1,000.00, the only money he had, before thelr wedding.” Instead of spending the USS 1,000.00 for their wedding, Rosanna returned the money to Mario and encourages him to open a current account for his personal expenses, Mario accepted the money back." The partes eventualy mmariied on December 6, 1995. Since Mario had no work, Rosanna taught him to run Design and Construction Maltx, the constuction firm she had set up Before she maried Maro. She also introduced Maro to fm cients and brought him with her to client meetings.” Mario, however, continued with his "emotional immaturity, responsibilty, intabilly, and psychological imbalance.“ He would leave their house for several days without informing Rasanna of his whereabouts. Once he returned home, he would refuse to go out and would slep for days.” Mario was also “hyperachve™ late at right. Rosanna confronted Mario about his behavior. To Rosanna’s shook, Mario admitted that he was using ‘marjuana, although he claimed that he was not addicted and that he could stop anyime.*” He then promised to stop using it" Not keeping his promise, Mario continued with his crug use.“* ‘The day after Rosanna gave bit ta Ma. Samantha, Mato allegedly did not assist Rosanna, He lft her inthe hospital, knowing that she could not move until the effects ofthe spinal anestnesia had wor of, He only retumed to the hospital later tat evening to sleep.” \Wmen Rosanna and Ma. Samantha were discharged from the hospital, Mario showed symptoms of paranoia. He thought everyone was out fo allack him and, al (mes, would hige Ma, Samantha from those he hough were out {0 prt them" Mario would also take large cash advances from Design and Construction Matrix every week.” Rosanna only leamed of Mario's numerous cash advances when an accounting personnel informed het thatthe rm could no longer pay the construction workers! salaries.” Rosanna eventually got tred of Maro. She lft him, brought Ma. Samantha wit her, and stayed in an inn. She called up Maro to tel him of het and Na, Samantha's whereabouts. Mario folowed them tothe inn an pe Rosanna to give him another chance. Allr Mars pleas, Resanna retumed home with Ma. Samantha," Later, an employee atthe fim handed Rosanna a packet of shabu thatthe employee allegedly found among Maro's office belongings. When she checked, Rosanna herself found packels of shabu among Marios possessions,"> When Rosanna again confronted Mario about his drug use, he explained that it was the only way he coule normally function du tothe heavy pressures of work atthe fm.” In October 1998, Ma. Samantha had dengue fever and had tobe confined atthe hospital. Mario was net home and could not be reached. He arived atthe hospital only later that evening. He would then run around the diferent floor ofthe hospital, chacking the medications prescribed to other dengue fever patients. Ha would also revert the hurses from administering the prescrived medications to Ma, Samantha. When Ma. Samantha vomited, Maro, who Was just sleeping by his Gaughters side, would not clean her up. He would Instead ignore the il chil, rm fo the tobver sie, and continue sleeping” Having had enough of Mario, Rosanna drave him out ofthe house, After several days, Mario retured home ang pleaded Rosanna for anothor chance. Rosanna accepted Maro back, but kopta close eyo on him." Later in November, Mato allegedly asked one oftheir helpers fo propare some clothes, feading battles, and milk for Ma, Samantha, Ma, Samartha’s Ranny noticed the nelper fxing the ag, s0 she asked Rosanna where they would take the child, Rosanna, who was then working in thelr nome affice, rushed Mario and asked him were ne was bringing Ma, Samantha, Mari replied that he would only bring he child fo Marita Memaral Park. Rosanna prohibited Mario from bringing Ma, Samantha out. She then called up Mario's siblings for help. Marlo got furious, threatened everyone inthe house, and let without returning home.” ‘Aor he had loft, Mario made purchases using his supplementary crodt card, Rosanna discovered that Mario used up the P10,000.00 creait mit of his C'bank Mastoreard and the P8,000.00 creat limit of his Bank of the Philippine Islands card. Mario also purchasod an P1?,000.00 necklace ai tho Landmark Department Store in Maka" Several days aftr he had ltt home, Mario ted to return, but Rosanna tured him away. Marlo banged the oor, shouting, “Buksan rivo sto kund sisirain ko to Fearing Maro, Rosanna called her parenis and beeped Mario's sisters for help. When Rosanna's parents and Mario's sisters ative, however, Mario had already lot.” Later that day, Mario was found toting near the house. With him were some travel documents, cash, and a checklist of European counties withthe respective visa requirements for enty of a chit for each county. ‘Aor the door-banging incident, Mario's siblings brought him to the Medical City for detoxication. On November 29, 1998, Mario was commited for treatment at the Mecical Cty for 14 days. Afer conducting tests on Maro, the octors found him postive for drug use. Marc's siblings were then advised lo commt him to a drug rehabillaton center for treatment, However, defying the doctor's order, they had him discharges from the hospital without bringing him to a rug rehabiltaton fact. Rosanna eventually cased Design and Constuction Matix due to financial losses, Maro's access to the company funds for his drug use allageely used up the funds. To sustain her and her familys needs, Rosanna Searched fora job and eventually worked as an executive assistant al the Government Service insurance Systam Financial Center” Rosanna decided to have a duplex bult on alot n Parafague City that her aunt, Rta M. Tan, had donated on ‘August 25, 1998." Rosanna, Mari, ang Ma, Samantha would Ive n one apartment, and Rosanna’e parents wouls lve nthe other apartment." To save rant on the Makati apartment where they used fo lve, Maro, Rosanna, and Ma. Samantha moved info the unfinished Paranaque duplex. At st, Maro hestated to move in, But he eventualy agreed and asked that a foursquare meter room at the back of the duplex be constructed, The smal roam would allegedly be Ma ‘Samantha's playroom, Rosanna oppased Maro asthe room would be too smallto be a playroom, but Maro insisted ‘on ts constriction,” ‘The four-square meter room was eventually constructed, and Mario had an air conditioning unt installed inside. He algo brought in a television eat a computor tabl, and some personal belongings inlo the room, He woulé then spend days in the room alone and, at times, would even bring Ma. Samantha with him. He even tnkered with the tlectrical wires ofthe duplex” In ly 1999, an elactrician working on the wires ofthe house opened the door to the small room. He found Mario ana Ma, Samantha insige, withthe room filed with smoke that didnot quite smell of egaretes, The electcran Informed Rosanna of what he saw, and Rosanna knew that Mario relapsed into his drug use.” Rosanna confronted Mario and pleaded wit him to get trated. However, Maro gol furious and Ma. Samantha, whe saw ner parents ightng, start crying, To protect Ma, Samantha, Rosanna brought the child to her parenis on the other side ofthe duplex. Mari fellowed them to his parents r-aws' house, forcing himself info got Ma. Samantha. Rosanna hae to cal for police assistance to pact Mario.” Maro eventually calmed down when the police artved. The police then searched Mario, finding packets of shabu in his person. They were about fo bring Mario tothe police station for detention when Rosanna pleaded with them not fo take Mario, The police agreed, but they released Mario to his sister, Ma. Socorro." ‘The next day, Rosanna tried to call Ma. Socorro to ask about Mari, but her calls were unanswered. Rosanna later leamed that Mario had escaped from Ma. Socora's house earler that moming.”” It was after those incidents that Rosanna petitioned” the Regional Tal Court to voluntary commit Mario for 4rug rehabiliation at the National Bureau of Investigation Treaimant and Rehabilation Center, and, eventually, at the Seaguls Fight Foundation (Seagulls).”" (On February 14, 2000, Maro escaped from Seagulls. returning home and pleading with Rosanna to take him in again. Rosanna took her husband in, but Mario would again relapse into his drug use. He was also jobless and ould not suppor his family” In dune 2000, Ma. Samantha had tobe rushed tothe hospital for frequent vomiting. Matio, who was at home, «id nothing, and Rosanna had to absent herself rom work fo rush the chi to te hospital Rosanna, wo had no ‘money wi ner that time, Rad to Borow money from Ma. Samantha's nanny. Rosanna’s parents and slings also shared inthe chiles hospital bis." In August 2000, Ma, Samantha again had severe upper respiratory trac infection and frequent vomiting, When her nanny was about o give her medicine, Mario prevented tne nanny from daing so, saying that mangoes would cure Ma, Samantha, ‘Two days laler, Mato insisted on bringing Ma, Samantha to Makati Medical Center. Rosanna suggested that they instead! bring Ma. Samantha together the next day, which was a Salurday. Mario suddenly yeled out, ‘Magnanakaw!” Rosanna, already exasperated, drove Mario out of the house. Mario, however, dashod to the second flor, sil yeling, “‘Magnanakaw! Magnanakavel® Police offcers later arrved at thelr home, having been called by Rosanna and Mario's neighbors who had heard the scraams coming from thai house. Rosanna explain that i was her husband who was yeling and that he was a drug dependent wo falled to complete his renabltaion program. The police then brought Mario to the police station for questioning "* Ma, Samantha saw her fathor screaming and the police taking him with thom, The chilé cried and had to be brought to hor grandparents’ house to be paced ** Already ata Joss with what to do, Rosanna phoned the director of Seagulls, who recommended that Mario be recommted othe rehabilitation center to complete his rehabilitation program.” Thus, Rosanna informed the tial court of Mao's relapse, causing the tial court to order!” Mario's recommitment io Seagulls. Maro remained confined tere unil December 24, 2000, when the rekabitation center Feleased Mario without compiling his rehabllation program °° Rosanna wrote the tial court as to Mario's premature release from the rehabilitation center" Since Mario's release on December 24, 2000, Rosanna and Mario had separated and had not lved together. Mavio also flied to sive suppor to Resanna ané Ma, Samantha. Those events, according to Rosanna, showed Mario's psychological incapacity to comply with his essential ‘martal obligations to her. Rosanna contended that Mario's drug use was the manifestation of a grave personaly Gisorder"seeply rooted within Mario's) adaptive system.” She thus prayed thatthe val cour rulty the marrage and thal she be declared the sole and absolute owner ofthe parcel f land donated fo herby her aunt as well as the duplex built on it To prove Mario's psychological incapacty, Rosanna presented Dr. Valentina Del Fonso Garcia (Dr. Garcia), a physician-psychiatist, as export witness In her Jusicial Afidavit" Dr. Garcia declares that she interviewed Rosanna and gathered data on Rosanna's family, educational, and employment nistory. She Ikewise conducted menial status examinations on Rosana. For data on Mario's social, sexual, and marital history, Or. Garcia interviewed Rosanna, Ma. Samantha, ang Jocelyn Genevieve L. Tan (Jocelyn Genevieve), Rosanna's sister.” ‘Alor evaluating the data, Dr. Garcia found Rosanna “psychologically capactated to comply with her essential rmarial oblgatons According to Dr. Garcia, Rosanna "has adequate social, interpersonal ang occupational functioning” As for Mato, Or. Garcia diagnosed him with narcissistic antisocial personalty dsorder and substance abuse

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