Case Summary (G.R. No. 254646)
Postpartum Neglect and Emotional Estrangement
Their daughter, Aimii, was born on June 6, 2012. During Aiko’s postpartum recovery at her parents’ home, Jonnell rarely visited and provided no support. After returning to their conjugal residence, he spent long hours away, returned home late or in the early morning, and ceased affectionate or intimate conduct with Aiko.
Discovery of Extramarital Relationship and Abandonment
Aiko discovered medical clinic records indicating Jonnell fathered another child with a mistress operating a vegetable stall. In January 2015, he permanently left their home to live with that woman, compelling Aiko to return to her parents’ residence.
Trial Court Proceedings and Expert Evaluation
On November 14, 2016, Aiko filed for nullity of marriage on the ground of psychological incapacity. Summons by substituted service went unanswered; the public prosecutor found no collusion. Clinical psychologist Dr. Nedy L. Tayag diagnosed Aiko with dependent personality disorder and Jonnell with antisocial personality disorder, each rooted in developmental deficiencies and characterized as grave and incurable. Dr. Tayag concluded their marriage was beyond repair.
Regional Trial Court Decision
On May 7, 2018, Branch 162 denied the petition for insufficiency of evidence, concluding the facts did not establish psychological incapacity. A motion for reconsideration was denied on July 9, 2018.
Court of Appeals Ruling
On November 27, 2020, the Court of Appeals affirmed the trial court’s decision. It held that marital discord may stem from jealousy, immaturity, or financial stress and found Dr. Tayag’s report inadequate given its reliance on Aiko’s one-sided narration.
Supreme Court Petition and Parties’ Contentions
Aiko argued that clear and convincing expert testimony established Jonnell’s incapacity, noting absence of any contrary evidence. She emphasized that marriage requires mutual compliance with essential obligations and urged protection of the marital bond’s sanctity. The Solicitor General opposed, contending evidence was insufficient; Jonnell did not file a comment.
Legal Standards on Psychological Incapacity
Under Family Code Article 36, a marriage is void if, at solemnization, a party was psychologically incapacitated to comply with essential marital obligations. The Supreme Court revised the rigid “Molina guidelines” in Tan-Andal v. Andal, requiring proof of a spouse’s enduring personality structure characterized by juridical antecedence, incurability, and gravity, established by clear and convincing evidence.
Supreme Court’s Analysis and Holding
The Court found that Jonnell’s antisocial personality disorder manifested in habitual negl
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Facts of the Case
- In December 2003, petitioner Aiko Yokogawa-Tan and respondent Jonnell Tan met at a Christmas party, began dating, and cohabited for several years.
- Aiko became pregnant, prompting their marriage on January 29, 2012, officiated by Rev. Herman O. Rosales at Living Stones on the Rock Church in Quezon City.
- Their daughter, Aimii Tan, was born on June 6, 2012. During Aiko’s postpartum recovery at her parents’ home, Jonnell scarcely visited or assisted her and their newborn.
- Upon returning to their shared residence, Jonnell routinely stayed away all day, returned only in the early morning, and ceased affectionate, conversational, and sexual intimacy with Aiko.
- Aiko witnessed Jonnell’s indifference when their child fell from a sofa and rushed the infant to the hospital alone.
- Aiko discovered evidence—through a clinic text message and personal inquiry—of Jonnell’s relationship with another woman and their child from before and during the marriage.
- In January 2015, Jonnell abandoned the conjugal home to live with his mistress and their child, compelling Aiko to return to her parents’ house.
Petition for Declaration of Nullity
- On November 14, 2016, Aiko filed a petition to declare the marriage null and void on the ground of respondent’s psychological incapacity under Article 36 of the Family Code.
- Summons were served by substituted service; Jonnell did not file an answer.
- The public prosecutor conducted an investigation and found no collusion between the parties.
Expert Psychological Evaluation
- Clinical psychologist Dr. Nedy L. Tayag conducted a psychological assessment of both spouses.
- Aiko was diagnosed with dependent personality disorder, marked by fear of disagreement, lack of self-efficacy, and excessive need for nurturance—linked to overindulgent upbringing.
- Jonnell was diagnosed with antisocial personality disorder, manifested in chronic irresponsibility, infidelity, impulsivity, and lack of remorse—attributed to undisciplined childrearing and modeling of parental womanizing.
- Dr. Tayag concluded both disorders are grave, serious, and incurable, and recommended granting the petition.