Title
Candelario vs. Candelario
Case
G.R. No. 222068
Decision Date
Jul 25, 2023
Marriage nullity petition denied; retroactive application of Article 36 allowed, but psychological incapacity not proven. Marriage remains valid.

Case Digest (G.R. No. 222068)

Facts:

  • Background of marriage and family circumstances
    • Arthur A. Candelario and Marlene E. Candelario married in a civil ceremony on June 11, 1984; their only child was born on May 14, 1985.
    • In October 1987 Marlene went to Singapore to work as a domestic helper, leaving their child with Arthur.
  • Separation and subsequent family developments
    • While Marlene was abroad, Arthur frequented nightclubs, met and cohabited with another woman; Marlene learned of the affair in October 1989 and separated.
    • Marlene’s relatives cared for the child; Arthur continued his relationship with his partner and had four more children.
  • Petition for nullity in the Regional Trial Court
    • On January 18, 2013, Arthur filed a Petition for Declaration of Nullity of Marriage under Article 36 (psychological incapacity) of the Family Code.
    • Marlene did not answer; the RTC investigated and found no collusion; pre-trial terminated and the case proceeded to trial on the merits.
  • Trial proceedings and expert testimony
    • Arthur testified and offered the judicial affidavit and psychiatric report of Dr. Daisy L. Chua-Daquilanea, diagnosing him with Dependent Personality Disorder characterized as severe, juridically antecedent, and incurable.
    • The State and Marlene presented no evidence; the case was submitted for resolution after Arthur rested.
  • RTC judgment and post-judgment proceedings
    • On March 6, 2015, the RTC denied the petition, ruling that Article 36 of the Family Code (effective August 3, 1988) could not be applied retroactively to a 1984 marriage; the December 7, 2015 order denied reconsideration.
    • Arthur filed a Rule 45 Petition for Review on Certiorari before the Supreme Court; after procedural resolutions and impleading the OSG (Marlene remained absent), the Court resolved to take up the merits.

Issues:

  • Retroactivity of the Family Code’s psychological incapacity ground
    • Can Article 36 of the Family Code be applied to marriages solemnized before its effectivity on August 3, 1988?
  • Sufficiency of proof of psychological incapacity
    • Did Arthur present clear and convincing evidence that his Dependent Personality Disorder was grave, incurable, and juridically antecedent to his marriage with Marlene?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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