MARABLE v. MARABLE G.R. No. 178741, January 17, 2011
In cases of annulment of marriage based on Article 36 of the Family Code, the psychological illness and its root cause must be proven to exist from the inception of the marriage. The evaluation of Dr. Tayag merely made a general conclusion that petitioner is suffering from an Anti-social Personality Disorder. As held in the case of Suazo v. Suazo, the presentation of expert proof in cases for declaration of nullity of marriage based on psychological incapacity presupposes a thorough and an in-depth assessment of the parties by the psychologist or expert, for a conclusive diagnosis of a grave, severe and incurable presence of psychological incapacity. The evaluation of Dr. Tayag falls short of the required proof which the Court can rely on as basis to declare as void petitioner's marriage to respondent. It is indispensable that the evidence must show a link, medical or the like, between the acts that manifest psychological incapacity and the psychological disorder itself.
Petitioner tried to make it appear that his family history of having a womanizer for a father, was one of the reasons why he engaged in extra-marital affairs during his marriage. However, it appears more likely that he became unfaithful as a result of a general dissatisfaction with his marriage rather than a psychological disorder rooted in his personal history. In Santos v. Court of Appeals, the intention of the law is to confine the meaning of "psychological incapacity" to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage.
