Title
Supreme Court
Tan-Andal vs. Andal
Case
G.R. No. 196359
Decision Date
May 11, 2021
Marriage declared null due to husband's psychological incapacity, evidenced by drug use, neglect, and financial irresponsibility; sole custody awarded to wife.

Case Digest (G.R. No. 196359)
Expanded Legal Reasoning Model

Facts:

  • Parties and Family Background
    • On December 16, 1995, Rosanna L. Tan-Andal (Rosanna) and Mario Victor M. Andal (Mario) married in Makati City; their only child, Ma. Samantha, was born July 27, 1996.
    • During marital cohabitation, Mario exhibited emotional immaturity, irresponsibility, financial mismanagement, and chronic drug use (marijuana, “shabu”), rendering him incapable of supporting or caring for his wife and child.
  • Procedural History
    • December 2001: Mario filed for custody of Ma. Samantha.
    • August 6, 2003: Rosanna filed for nullity of marriage under Article 36 of the Family Code for Mario’s psychological incapacity. The two cases were consolidated.
    • May 9, 2007: RTC, Branch 260, Parañaque City, declared the marriage void ab initio, awarded custody to Rosanna, and declared the donated Parañaque lot and duplex her sole property.
    • February 25, 2010: CA reversed, declaring the marriage valid.
    • May 11, 2021: This Court granted Rosanna’s Petition for Review under Rule 45.

Issues:

  • Psychological Incapacity
    • Whether Art. 36 marriages are void ab initio for a spouse’s psychological incapacity, considering:
      • The validity of the Molina guidelines (Republic v. Molina) on proof of psychological incapacity.
      • The elements of gravity, juridical antecedence, and incurability.
      • The role and necessity of expert opinion based on medical/clinical diagnosis.
      • The relation between psychological incapacity and grounds for legal separation.
    • Whether the interpretation of Art. 36 unduly restricts personal autonomy, liberty, and dignity.
  • Property and Custody
    • Whether the Parañaque lot and duplex are community property or co-owned under Art. 147 of the Family Code.
    • Whether the award of custody of Ma. Samantha to Rosanna comports with Art. 213 of the Family Code.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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