Kalawv.Fernandez,G.R.No.

166357,
September19,2011
FACTS: Tyrone Kalaw and Malyn Fernandez got married in 1976. After the
birth of their 4th child, Tyrone had an affair with Jocelyn Quejano. In May
1985, Malyn left the conjugal home and her four children with Tyrone.
Meanwhile, Tyrone started living with Jocelyn, and they had three more
children. In 1990, Tyrone went to the United States (US) with Jocelyn and
their children. On July 6, 1994, nine years since the de facto separation
from his wife, 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. He
alleged that 1) She leaves the children without proper care and attention
as she played mahjong all day and all night; 2) She leaves the house to
party with male friends and returned in the early hours of the following day;
and 3) She committed adultery on June 9, 1985 in Hyatt Hotel with one
Benjie whom he saw half-naked in the hotel room. Tyrone presented a
psychologist, Dr. Cristina Gates (Dr. Gates), and a Catholic canon law
expert, Fr. Gerard Healy, S.J. (Fr. Healy), to testify on Malyns
psychological incapacity. Dr. Gates explained that Malyn suffers from
Narcissistic Personalityu Disorder and that it may have been evident even
prior to her marriage because it is rooted in her family background and
upbringing. Fr. Healy concluded that Malyn was psychologically
incapacitated to perform her marital duties. He explained that her
psychological incapacity is rooted in her role as the breadwinner of her
family. This role allegedly inflated Malyns ego to the point that her needs
became priority, while her kids and husbands needs became secondary.
ISSUE: Whether Tyrone has sufficiently proven that Malynsuffers from
psychological incapacity

HELD: No. He presented the testimonies of two supposed expert

witnesses who concluded that respondent is psychologically incapacitated,
but the conclusions of these witnesses were premised on the alleged acts
or behavior of respondent which had not been sufficiently proven. No proof
whatsoever was presented to prove her visits to beauty salons or her
frequent partying with friends. Malyns 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. Sexual
infidelity per se is a ground for legal separation, but it does not necessarily
constitute psychological incapacity.