Case Summary (G.R. No. 228127)
Applicable Constitutional and Statutory Provisions
Because the decision date is March 6, 2023, the 1987 Philippine Constitution governs. The key statutory basis is Article 36 (psychological incapacity) of the Family Code, the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (A.M. No. 02-11-10-SC), and Rules 7 and 45 of the 1997 Rules of Civil Procedure concerning verification, certification against forum shopping, and appellate procedures.
Factual Allegations and Evidence
Petitioner alleged that Marivic was psychologically incapacitated from performing essential marital obligations: she was “carefree,” overly demanding, preferred friends over family, refused to seek employment, and incurred undisclosed debts jeopardizing his diplomatic post. He claimed prolonged submission to her caprices until he separated in June 2005. To support his own alternative claim of incapacity, petitioner presented the report and testimony of psychologist Dr. Nedy Tayag, diagnosing him with Narcissistic Personality Disorder (NPD). Dr. Tayag cited his childhood environment and interviews with his friends, Fidelis Q. Apalisok and Feliciano Pimentel, to establish root cause, gravity, and incurability. In response, Marivic denied the allegations, asserted petitioner’s unclean hands, and counter-claimed his infidelity and financial neglect. She produced documentary proof of her overseas work engagements.
Trial Court Ruling
On April 10, 2013, the Regional Trial Court of Naga City granted the petition, declaring the marriage null and void under Article 36. It found petitioner psychologically incapacitated based on Dr. Tayag’s clinical findings: a deeply rooted, incurable personality disorder preventing him from recognizing and fulfilling spousal duties. It ordered dissolution of property relations and reinstated prior child-support arrangements.
Court of Appeals Decision
In June 2016, the Court of Appeals reversed. It held that Dr. Tayag’s report lacked sufficient explanation of how petitioner’s alleged NPD incapacitated him from essential obligations. The CA found the juridical antecedence unclear, the expert findings reliant on self-serving information, and absence of proof on gravity or incurability. It also dismissed petitioner’s claims against Marivic as unsubstantiated. Thus, the marriage remained valid.
Issues on Appeal
- Whether a psychologically incapacitated spouse may initiate an Article 36 petition.
- Whether subsequent jurisprudence (Kalaw v. Fernandez) relaxed the strict Molina guidelines on psychological incapacity.
- Whether petitioner proved psychological incapacity—either his own or Marivic’s—by clear and convincing evidence.
- Procedural challenges: alleged defective verification/certification against forum shopping and impermissible factual issues under Rule 45.
Procedural Compliance
The Supreme Court held that the petition substantially complied with verification and certification requirements. Under existing jurisprudence (Altres v. Empleo; Heirs of Gabriel v. Cebrero), a special power of attorney (SPA) authorizing counsel to sign on petitioner’s behalf and manifesting his overseas assignment justified his inability to personally sign. The petition was also exempt from the Rule 45 bar on factual issues due to conflicting factual findings between the RTC and CA.
Unclean Hands and Right to Petition
The Court clarified that the unclean-hands doctrine does not bar a psychologically incapacitated spouse from filing an Article 36 petition, as incapacity is not volitional misconduct. Moreover, both spouses—incapacitated or not—are expressly entitled under the Family Code and the Rule on Void Marriages to petition for nullity on psychological-incapacity grounds. The framers’ legislative history supports an “either-party” right without estoppel.
Standards for Psychological Incapacity
Applying Tan-Andal v. Andal and Cayabyab-Navarrosa refinements, the Court reiterated that psychological incapacity:
- Must relate to a durable, antagonistic personality structure making compliance with essential obligations practically impossible.
- Requires juridical antecedence—existing at the time of marriage in all reasonable likelihood, established from pre- and lived-conjugal-life manifestatio
Case Syllabus (G.R. No. 228127)
Background of the Parties
- Fernando C. Clavecilla served as finance officer at the Philippine Embassy in Jeddah, Saudi Arabia.
- Marivic V. Clavecilla worked as a staff nurse at a private hospital in Jeddah.
- The couple met through a common friend in December 1986 and became sweethearts.
- They solemnized their marriage on December 10, 1987 at the Philippine Consulate in Jeddah and again on March 12, 1988 at St. Pancratius Chapel, Paco Park, Manila.
- They had one son, Patrick Joshua, born September 21, 1993.
Grounds and Claims in the Nullity Petition
- On November 14, 2006, petitioner filed a Verified Petition under Article 36 of the Family Code, alleging that Marivic was psychologically incapacitated to comply with essential marital obligations.
- Petitioner described Marivic as carefree, consistently nagging, very demanding, preferring friends over family care, unwilling to seek employment, and secretly incurring debts that jeopardized his diplomatic post.
- To avoid conflict, petitioner claimed he complied with Marivic’s demands until June 2005, when he left the conjugal home.
- Marivic answered, denied petitioner’s characterizations, and counter-alleged that petitioner himself displayed irresponsible, abnormal, and selfish financial behavior and engaged in extramarital affairs.
- Marivic argued that petitioner’s own psychological incapacity could not be availed by a guilty spouse seeking annulment.
Expert Testimony and Documentary Exhibits
- Psychologist Nedy Tayag conducted a clinical examination of petitioner and concluded he suffered from Narcissistic Personality Disorder (NPD), tracing its roots to his formative years, deeming it grave, incurable, and incapacitating.
- Dr. Tayag supplemented her report with interviews of two of petitioner’s friends, Fidelis Q. Apalisok and Feliciano Pimentel.
- Marivic pr