G.R. No. 212717, March 11, 2020
REPUBLIC OF THE PHILIPPINES, PETITIONER, V. ARIEL S. CALINGO AND CYNTHIA MARCELLANA-CALINGO, RESPONDENTS.

FACTS

This case involves a petition for declaration of nullity of marriage under Article 36 of the Family Code filed by petitioner Ariel S. Calingo against his wife, respondent Cynthia Marcellana-Calingo. The petition was based on the psychological evaluation and testimony of Dr. Arnulfo Lopez, who concluded that Cynthia suffers from Borderline Personality Disorder with Histrionic Personality Disorder Features. This diagnosis was allegedly rooted in her disorderly filial relationship, having been subjected to physical abuse and abandonment during childhood. Ariel also testified regarding Cynthia’s alleged unfaithfulness and hostile tendencies. The information about Cynthia’s childhood circumstances was relayed to Dr. Lopez by Ariel and the couple’s friends, Francisca Bilaso and Ruben Kalaw, none of whom claimed personal knowledge of those circumstances.

ISSUE

Whether the totality of evidence presented is sufficient to establish that Cynthia suffers from psychological incapacity as defined under Article 36 of the Family Code, characterized by gravity, incurability, and juridical antecedence.

RULING

No. The concurring opinion agrees with the main decision to grant the petition, finding the evidence insufficient to establish psychological incapacity. The opinion reiterates the guidelines set forth in Republic v. Molina for interpreting Article 36, emphasizing that they are not inflexible rules but must be applied on a case-to-case basis. The evidence failed to meet these guidelines. Specifically, the alleged root cause of the psychological incapacity—Cynthia’s disorderly filial relationship and childhood abuse—was not sufficiently proven, as it was based on uncorroborated allegations from informants without personal knowledge. Furthermore, allegations of marital infidelity and hostile tendencies, by themselves, do not constitute psychological incapacity; they must be shown to be manifestations of a disordered personality that completely incapacitates a spouse from fulfilling marital obligations. The evidence did not demonstrate that Cynthia’s condition, if any, was grave, incurable, and existing at the time of the marriage celebration.