Title
Maristela-Cuan vs. Cuan, Jr.
Case
G.R. No. 248518
Decision Date
Dec 7, 2021
Janice sought nullity of her marriage to Marcelino due to his psychological incapacity, citing extreme jealousy, violence, and failure to fulfill marital obligations. The Supreme Court declared the marriage void ab initio, applying *Tan-Andal* standards.
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Case Summary (G.R. No. 248518)

Procedural Posture

Petitioner sought annulment via declaration of nullity of marriage on the ground of psychological incapacity. The trial court granted the petition (Decision dated May 8, 2017) declaring the marriage void on the ground of psychological incapacity of both spouses and ordered dissolution of community property. The Court of Appeals reversed that grant (Decision dated January 18, 2019) and denied reconsideration (Resolution dated July 25, 2019). Petitioner filed a petition for review on certiorari to the Supreme Court assailing the Court of Appeals’ dispositions.

Factual Background — formation and early relationship

Janice met Marcelino in 1997 while playing lawn tennis in Quezon City; they courted for about two months before she accepted his proposal. They married on June 20, 1997 at Quezon City City Hall in a ceremony of which their parents were unaware. After the ceremony they merely shared a meal and returned to their respective homes; there was no honeymoon and they did not establish conjugal cohabitation.

Factual Background — marital conduct and breakdown

The parties did not live together as husband and wife; they saw each other only after work and on weekends. They visited motels on approximately five occasions but did not consummate the marriage; Marcelino allegedly attempted intercourse but would stop each time for unknown reasons. Within three months after the wedding, Marcelino’s jealousy escalated; he barred Janice from talking to other men, became physically violent on occasions, and the relationship became on‑and‑off. Their last communication occurred in 1999, and for more than fifteen years they lived apart with no reconciliation efforts.

Corroborative lay testimony

Janette Velasco, a close friend of Janice, corroborated material aspects of Janice’s account: (1) knowledge of the secret marriage, (2) observation of Marcelino’s unfounded jealousy and insecurities, (3) confirmation that the parties never cohabited and had no children.

Expert testimony (Dr. Nedy L. Tayag)

Clinical psychologist Nedy L. Tayag, with longstanding experience in testing and diagnosing personality disorders, conducted clinical interviews and administered multiple psychological tests to Janice (Revised Beta Examination II; Bender Visual Motor Gestalt Test; Draw‑A‑Person; Rorschach; Sach’s Sentence Completion; MMPI I; Hand Test; Self‑Analysis). Dr. Tayag diagnosed Janice with Passive‑Aggressive Personality Disorder. Although Marcelino did not submit to personal clinical examination despite invitation, Dr. Tayag, based on psychodynamic analysis and collateral interviews (including testimony from Janice and Janette), opined that Marcelino suffered from Paranoid Personality Disorder with narcissistic and antisocial features; she described recurrent, unfounded suspicions, severe jealousy, low tolerance for frustration, impulsivity, self‑centeredness, and incapacity to perform spousal functions.

Trial court disposition

The trial court credited the evidence, including Dr. Tayag’s findings and lay testimony, and declared the marriage void ab initio on the ground that both spouses were psychologically incapacitated to assume essential marital obligations. The trial court also ordered dissolution of the parties’ absolute community property regime.

Court of Appeals disposition and reasons

The Court of Appeals reversed, finding that the evidence did not establish psychological incapacity within Article 36. The CA characterized Marcelino’s conduct as immaturity rather than a disordered personality, and it viewed Janice’s passivity as not indicative of psychological illness. The CA also criticized Dr. Tayag’s assessment for allegedly insufficient analysis regarding juridical antecedence, gravity, and incurability.

Issue before the Supreme Court

Whether the evidence on record sufficiently established psychological incapacity as a ground for declaring the parties’ marriage null and void.

Applicable legal standard and controlling jurisprudence

Article 36 of the Family Code provides that a marriage is void if, at the time of celebration, a party was psychologically incapacitated to comply with essential marital obligations; applicable marital covenants under Article 68 include living together, mutual love, respect, fidelity, and mutual help and support. The Supreme Court applied the reconfigured legal standard articulated in Tan‑Andal v. Andal (as recited in the decision): psychological incapacity is shown by a durable aspect of personality structure manifesting through clear acts of dysfunctionality that render the spouse incapable of understanding and complying with essential marital obligations; proof must satisfy the three criteria of juridical antecedence, gravity, and incurability, and must be established by clear and convincing evidence. Tan‑Andal also recognized that expert opinion is not strictly required, that lay testimony may be admissible and probative, and that expert opinion based on collateral information may be admissible if the underlying facts are of a type reasonably relied upon by experts.

Analysis of juridical antecedence

The Court found juridical antecedence satisfied as Marcelino’s overprotective tendencies and chronic jealousy manifested during courtship, before marriage. His assertion that only marriage would remove his anxiety and his prior “on and off” relationship with Janice established that the problematic personality structure predated the marriage.

Analysis of gravity

The Court concluded Marcelino’s condition satisfied the gravity requirement: the behavior exceeded mere characterological peculiarities or occasional outbursts. Relevant manifestations included prolonged refusal or inability to cohabit, repeated failure to consummate the marriage despite attempts, escalation of jealousy after marriage, physical violence against Janice, and overall deprivation of mutual love, respect and support—acts demonstrating a persisting and serious dysfunction in marital performance.

Analysis of incurability

The Court found incurability in the legal sense: Marcelino’s personality structure was so incompatible and antagonistic to the marital relationship that the union inevitably broke down. The Court emphasized that Marcelino had proposed marriage primarily to remove his anxiety rather than to establish mutual marital obligations, and that his preoccupation with his own needs and insecurities led to abandonment and the ultimate telephone‑ended termination of the relationship. Together these facts supported the assessment that the incapacity was enduring and not amenable to reconciliation in the marital context.

Admissibility and weight o

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