VALER ALERIO IO E. KALAW vs. ELENA FERNANDEZ, Respondent. G.R. No. 166357
Jn!"# 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 halfnaed 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
may ha(e been e(ident e(en /rior to her marriage? beca"'e it i' rooted in her family bacgro"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*