VALER

ALERIO
IO E. KALAW vs. ELENA FERNANDEZ, Respondent.

G.R. No. 166357 Jn!"# 1$, %&15

FA'()*

 Tyrone Kalaw and Malyn Fernandez got married in 1976. After the birth of their 4th child,
Tyrone had an affair with ocelyn !"e#ano. $n May 19%&, Malyn left the con#"gal home and her fo"r 
children with Tyrone.
Tyrone. Meanwhile, Tyrone
Tyrone 'tarted li(ing with ocelyn, and they had three more children. $n
199), Tyrone went to the *nited +tate' *+- with ocelyn and their children. n "ly 6, 1994, nine year'
'ince the de facto 'e/aration from hi' wife, Tyrone filed a /etition for declaration of n"llity of marriage
 ba'ed on Article 06 of the Family ode. 2e alleged that Malyn wa' /'ychologically inca/acitated to
 /erform and com/ly with the e''ential marital obligation' at the time of the celebration of their marriage.
2e alleged that 1- +he lea(e' the children witho"t /ro/er care and attention a' 'he /layed mah#ong all day
and all night3 - +he lea(e' the ho"'e to /arty with male friend' and ret"rned in the early ho"r' of the
following day3 and 0- +he committed ad"ltery on "ne 9, 19%& in 2yatt 2otel with one 5en#ie whom he
'aw halfnaed in the hotel room. Tyrone /re'ented a /'ychologi't, 8r. ri'tina ate' 8r. ate'-, and a
atholic
atholic canon law e:/ert,
e:/ert, Fr. erard 2ealy,
2ealy, +.. Fr.
Fr. 2ealy-,
2ealy-, to te'tify
te'tify on Malyn;'
Malyn;' /'ychologi
/'ychological
cal
inca/acity. 8r. ate' e:/lained that Malyn '"ffer' from <arci''i'tic =er'onality" 8i'order and that it
>may ha(e been e(ident e(en /rior to her marriage? beca"'e it i' rooted in her family bacgro"nd and
"/bringing. Fr. 2ealy concl"ded that Malyn wa' /'ychologically inca/acitated to /erform her marital
d"tie'. 2e e:/lained that her /'ychological inca/acity i' rooted in her role a' the breadwinner of her 
family. Thi' role allegedly inflated Malyn;' ego to the /oint that her need' became /riority, while her 
id'; and h"'band;' need' became 'econdary.

I))+E*

@hether Tyrone ha' '"fficiently /ro(en that Malyn '"ffer' from /'ychological inca/acity.

ELD*

 <o. 2e /re'ented the te'timonie' of two '"//o'ed e:/ert witne''e' who concl"ded that
re'/ondent i' /'ychologically inca/acitated, b"t the concl"'ion' of the'e witne''e' were /remi'ed on the
alleged act' or beha(ior of re'/ondent which had not been '"fficiently /ro(en. <o /roof what'oe(er wa'
 /re'ented to /ro(e her (i'it' to bea"ty 'alon' or her fre"ent /artying with friend'. Malyn;' 'e:"al
infidelity
infidelity wa'
wa' al'o not /ro(en beca"'e
beca"'e 'he wa' only dating
dating other men. B(en a''"ming
a''"ming that 'he had an
e:tramarital affair with another man, 'e:"al infidelity cannot be e"ated with ob'e''i(e need for attention
from other men. +e:"al
+e:"al infidelity
infidelity /er 'e i' a gro"nd for legal 'e/aration,
'e/aration, b"t it doe' not nece''arily
nece''arily
con'tit"te /'ychological inca/acity.
inca/acity.