Case Digest (G.R. No. 250287)
Facts:
In Zeth D. Fopalan v. Neil F. Fopalan (G.R. No. 250287, July 20, 2022), petitioner Zeth D. Fopalan sought a declaration of nullity of her August 7, 1995 church marriage to respondent Neil F. Fopalan on the ground of his psychological incapacity under Article 36 of the 1987 Constitution and the Family Code. The couple first met in college, entered into a romantic involvement despite respondent’s concurrent relationships, and eventually cohabited in Dumaguete City before marrying. Over seventeen years, petitioner became the sole breadwinner and caretaker, especially after the birth of their autistic son, Matthew Joseph, in October 1999. Respondent failed to provide emotional and financial support, displayed hostility toward their son, and engaged in repeated extramarital affairs. Petitioner obtained a psychological report from Dr. Nedy Lorenzo Tayag diagnosing respondent with narcissistic and anti-social personality disorders, deeming him incurably incapacitated to fulfill marital...
Case Digest (G.R. No. 250287)
Facts:
- Procedural Background
- June 25, 2013: Petitioner Zeth D. Fopalan filed RTC Petition for declaration of nullity of marriage to Neil F. Fopalan on ground of respondent’s psychological incapacity.
- February 24, 2016: RTC-Branch 31, San Pedro, Laguna declared marriage void ab initio.
- August 25, 2016: On OSG reconsideration, RTC reversed itself and upheld validity of marriage.
- September 10, 2018: Court of Appeals affirmed validity of marriage; August 19, 2019: CA denied reconsideration.
- Relationship and Cohabitation
- Met in college; respondent courted petitioner while dating multiple women; cohabited in Dumaguete (1995), Romblon, Manila, Sta. Mesa.
- August 7, 1995: Married in Dumaguete; petitioner worked as canteen helper and teacher; respondent intermittently employed, indifferent to household support.
- Family Dynamics and Marital Breakdown
- October 16, 1999: Birth of son Matthew, later diagnosed autistic; respondent exhibited hostility—shook infant, refused bonding, ashamed of child.
- Chronic neglect: Petitioner became sole provider; respondent unfaithful throughout marriage (multiple affairs, nude photos of minors found on his phone).
- January 2012: Petitioner discovered illicit messages and photos; left home but returned under duress; eventual permanent separation.
- Psychological Evaluation and Trial Evidence
- Dr. Nedy Lorenzo Tayag administered battery of tests on petitioner; assessed respondent via interviews with petitioner, her witnesses, and respondent’s brother.
- Dr. Tayag diagnosed respondent with narcissistic and antisocial personality disorders—grave, incurable, rooted in early life; declared him psychologically incapacitated.
- Summons served; respondent did not answer; no collusion per public prosecutor; testimonies of petitioner and co-worker (Araceli Nobleza) corroborated marital dysfunction.
Issues:
- Whether the Court of Appeals erred in sustaining the validity of the marriage despite evidence of respondent’s psychological incapacity under Article 36, Family Code.
- Whether proof of psychological incapacity requires personal examination by an expert and expert opinion, given Rule 45’s limitation to questions of law in certiorari review.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)