GR NO 166357 SEPTEMBER 19, 2011

KALAW VS FERNANDEZ
FACTS
Tyrone Kalaw and Malyn Fernandez got married in 1976. After the birth of their 4th
child, Tyrone had an affair with Jocelyn Quejano. Malyn left home and her four children
with Tyrone. In 1990, Tyrone went to the United States with Jocelyn and their children.
On July 6, 1994, Tyrone filed a petition for declaration of nullity of marriage based on
Article 36 of the Family Code. He alleged that Malyn was psychologically incapacitated
to perform and comply with the essential marital obligations at the time of the celebration
of their marriage. Tyrone presented witnesses to testify on Malyn’s psychological
incapacity. However, the Supreme Court in its decision dismissed the complaint for
declaration of nullity of the marriage on the ground that there was no factual basis for the
conclusion of psychological incapacity.

ISSUE
Whether petitioner has sufficiently proved that respondent suffers from
psychological incapacity.

RULING
He presented the testimonies of two supposed witnesses who concluded that
respondent is psychologically incapacitated but were premised on the alleged acts or
behavior of respondent which had not been sufficiently proven. Malyn’s sexual infidelity
was also not proven because she was only dating other men. Even assuming that she
had an extramarital affair with another man, sexual infidelity cannot be equated with
obsessive need for attention from other men.