KALAW v. HERNANDEZ (G.R. No. 166357, September 19, 2011)

The burden of proving psychological incapacity is on the plaintiff (petitioner). Petitioner’s experts heavily relied on petitioner’s allegations of respondent’s constant mahjong sessions, visits to the beauty parlor, going out with friends, adultery, and neglect of their children. Petitioner’s experts opined that respondent’s alleged habits, when performed constantly to the detriment of quality and quantity of time devoted to her duties as mother and wife, constitute a psychological incapacity in the form of NPD. But petitioner’s allegations, which served as the bases or underlying premises of the conclusions of his experts, were not actually proven.