G.R. No. 229272 , November 19, 2018
Republic of the Philippines, Petitioner, vs. Gina P. Tecag, Respondent.

FACTS

Gina P. Tecag and Marjune B. Manaoat were married in 2006. Gina later worked abroad in Macau, sending money for Marjune to join her, but he refused, opting to use the funds for farming. Their communication deteriorated, with Marjune often drunk during calls, and Gina eventually learned of his infidelity. A confrontation in 2009 led to Gina returning abroad, and she later confirmed Marjune was cohabiting with another woman and had a child. Gina filed a petition for nullity based on psychological incapacity. The psychologist, Prof. Emma Astudillo-Sanchez, diagnosed Gina with Anxious and Fearful Personality Disorder with Dependent traits and Marjune with Avoidant Personality Disorder, concluding these conditions were grave, incurable, and existed prior to the marriage.
The Regional Trial Court granted the petition, declaring the marriage null and void. The Court of Appeals affirmed, finding the guidelines in Republic v. Molina satisfied, particularly that the root causes were clinically identified and incapacitated the parties from fulfilling marital obligations. The Republic, through the OSG, appealed to the Supreme Court, arguing the evidence was insufficient to establish psychological incapacity as defined by jurisprudence.

ISSUE

Whether the Court of Appeals erred in affirming the declaration of nullity of the marriage based on psychological incapacity.

RULING

The Supreme Court granted the petition and reversed the lower courts’ rulings. It emphasized the constitutional policy to protect marriage as an inviolable institution, requiring any nullity petition to be proven by clear and convincing evidence. Psychological incapacity under Article 36 of the Family Code must be a mental condition so grave that it renders a party truly incognitive of the basic marital covenants, existing at the time of the marriage, and medically or clinically identified. The Court found the evidence insufficient. The psychologist’s findings for Marjune were based solely on interviews with Gina and her relatives, not a personal examination, violating the requirement for an actual and credible assessment. The behaviors cited—refusal to work abroad, drunkenness, infidelity, and abandonment—were not shown to be manifestations of a psychological disorder existing at the inception of the marriage, but rather post-marital conflicts or difficulties. The expert’s conclusion that the disorders were incurable was also deemed speculative. Consequently, the totality of evidence failed to prove a psychological incapacity of a grave, serious, and incurable nature that deprived the parties of the ability to understand and perform their essential marital obligations from the beginning. The marriage was thus declared valid.