Title
Supreme Court
Ting vs. Velez-Ting
Case
G.R. No. 166562
Decision Date
Mar 31, 2009
Marriage nullity petition filed by Carmen against Benjamin, alleging psychological incapacity due to alcoholism, gambling, and violence, was denied by the Supreme Court due to insufficient evidence proving incapacity at the time of marriage.

Case Digest (G.R. No. 191946)
Expanded Legal Reasoning Model

Facts:

  • Background
    • Benjamin G. Ting and Carmen Velez met as medical students in 1972 and married on July 26, 1975 in Cebu City; respondent was pregnant with their first child.
    • The couple initially lived at Benjamin’s family home in Mandaue City, moving later to respondent’s family home in Cebu City.
  • Careers and Roles
    • Benjamin passed medical boards in September 1975, trained in anesthesiology (1975–1979), and joined Velez Hospital’s staff in 1980.
    • Carmen served as Treasurer of Velez Hospital.
  • Family
    • They had six children: Dennis (b. Dec. 9, 1975), James Louis (b. Aug. 25, 1977), Agnes Irene (b. Apr. 5, 1981), Charles Laurence (b. July 21, 1986), Myles Vincent (b. July 19, 1988), Marie Corinne (b. June 16, 1991).
  • Petition for Nullity (Oct. 21, 1993)
    • Respondent sought declaration of nullity under Art. 36, alleging petitioner’s psychological incapacity manifested in chronic alcoholism, compulsive gambling, violence, neglect, and refusal of financial support.
    • Allegations included late-night drunken returns, physical assaults, firearm misuse, pawning jewelry and property, and failure to support the family.
  • Trial Evidence
    • Respondent’s witnesses: Carmen (self-testimony), nanny Susana Wasawas (observed mistreatment), psychiatrist Dr. Pureza Trinidad-Oaate (opined personality disorder based on deposition transcript).
    • Petitioner’s witnesses: Petitioner (denied incapacity), psychiatrist Dr. Renato Obra (opined no personality defect, based on deposition transcript, South Africa psychiatric report, interviews with petitioner’s brothers).
  • Procedural History
    • RTC (Jan. 9, 1998) declared marriage void ab initio under Art. 36.
    • CA Decision (Oct. 19, 2000) reversed RTC; respondent moved for reconsideration; SC granted certiorari, remanding to CA.
    • CA Amended Decision (Nov. 17, 2003) and Resolution (Dec. 13, 2004) affirmed nullity; petitioner filed present petition for review on certiorari.

Issues:

  • Did the Court of Appeals violate stare decisis by refusing to apply the Santos and Molina guidelines?
  • Did the Court of Appeals correctly apply the liberalized proof requirements for psychological incapacity under Article 36?
  • Is the declaration of nullity of the marriage between petitioner and respondent in accordance with law and jurisprudence?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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