G.R. No. 196359 , May 11, 2021
ROSANNA L. TAN-ANDAL, PETITIONER, VS. MARIO VICTOR M. ANDAL, RESPONDENT.

FACTS

This is a separate concurring opinion by Justice Gaerlan in the case where Rosanna L. Tan-Andal sought the declaration of nullity of her marriage to Mario Victor M. Andal based on psychological incapacity under Article 36 of the Family Code. The respondent suffers from a debilitating drug addiction, which resulted in his failure to sustain a livelihood and repeatedly exposed his child to danger. The Court of Appeals overturned the trial court’s decision granting the petition due to the psychiatrist’s failure to personally examine the respondent, deeming the evaluation report “unscientific and unreliable.”

ISSUE

The primary issue addressed in the concurring opinion is the proper interpretation and application of Article 36 of the Family Code concerning psychological incapacity as a ground for declaring a marriage void ab initio, particularly in light of evolving societal concepts of family and the perceived imprecision of the legal provision.

RULING

Justice Gaerlan concurs in granting the petition to declare the marriage void ab initio, agreeing with the ponente that satisfactory evidence establishes the respondent’s psychological incapacity. The opinion raises two key points: First, the concept of family is fluid and dynamic, and legal interpretations should adapt to changing societal norms, recognizing that non-traditional families also deserve state protection. The State should protect families, especially when continued cohabitation endangers a spouse and children. Second, Article 36 of the Family Code is imprecise, as psychological incapacity is not a medically defined condition. The requirement of juridical antecedence—that the condition existed prior to the marriage—is onerous and inconsistent with the protection of the family. The Legislature should reexamine this provision. The State should not be overzealous in protecting the institution of marriage if it deprives family members of their fundamental rights, especially when a spouse suffers from a condition preventing the fulfillment of marital obligations.