Case Digest (G.R. No. 196359)
Facts:
Rosanna L. Tan-Andal v. Mario Victor M. Andal, G.R. No. 196359, May 11, 2021, the Supreme Court En Banc, Leonen, J., writing for the Court. Petitioner Rosanna L. Tan-Andal (Rosanna) sought a declaration of nullity of her December 16, 1995 marriage to respondent Mario Victor M. Andal (Mario) on the ground of psychological incapacity under Article 36 of the Family Code; the case reached the Court by a Petition for Review on Certiorari (Rule 45) from the Court of Appeals’ reversal of the Regional Trial Court’s nullity judgment.Rosanna and Mario married in December 1995 and had one child, Ma. Samantha (born July 27, 1996). After years of cohabitation the parties separated in 2000. Rosanna filed a custody petition (docketed Civil Case No. 01-0228) and later, on August 6, 2003, filed a Petition for Declaration of Nullity (docketed Civil Case No. 03-0384) alleging Mario’s psychological incapacity manifest in chronic irresponsibility, substance abuse and dangerous conduct toward the child.
At trial Rosanna testified and presented Dr. Valentina Del Fonso Garcia, a psychiatrist, who—based on interviews with Rosanna, their daughter and Rosanna’s sister plus Mario’s written personal history from a rehabilitation center—diagnosed Mario with narcissistic-antisocial personality disorder and substance abuse disorder with psychotic features and recommended nullity. The RTC, by its May 9, 2007 Decision, found Rosanna proved psychological incapacity, declared the marriage void ab initio, awarded Rosanna sole custody and declared her sole owner of the donated Paranaque lot and duplex; the RTC denied suspension of respondent’s parental authority.
Mario moved for reconsideration; the RTC denied it. The Court of Appeals, however, reversed on February 25, 2010, finding Dr. Garcia’s diagnosis unreliable because she had not personally interviewed Mario and finding insufficient basis for the RTC’s property ruling. Rosanna’s motion for reconsideration before the CA was denied on April 6, 2011.
Rosanna filed a Petition for Review on Certiorari before this Court. The case was set for oral argument but the parties were ultimately ordered to file memoranda; Dean Sylvia Estrada‑Claudio, Dean Melencio S. Sta. Maria, Jr., and Fr. Adolfo Dacanay, S.J. were appointed amici curiae and submitted briefs. This Court resolved the petit...(Subscriber-Only)
Issues:
- Is the marriage of Mario and Rosanna void ab initio for psychological incapacity under Article 36 of the Family Code?
- Are half of the Paranaque duplex and the lot community property or otherwise owned by Rosanna?
- Was the custody award of Ma. Samantha...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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