ROSALINO MARABLE v.

MYRNA MARABLE
G.R. No. 178741, 17 January 2011 THIRD DIVISION (Villarama, Jr., J.)

Psychological incapacity as contemplated in Article 36 of the Family Code, refers to a

serious psychological illness that is afflicting party before the celebration of marriage.
Rosalino Marable (Rosalino) and Myrna Marable (Myrna) were schoolmates at the Arellano
University where they met and eventually became lovers. They married in Tanay, Rizal and were
blessed with five (5) children. Their relationship continued to gradually deteriorate and quarrels
became more frequent with one of their children apparently becoming pregnant.

As a result of the feud, Rosalino filed a petition for declaration of nullity of marriage. Rosalino
presented a psychologist which attested that his patient has Antisocial Personality Disorder that
makes him rebel and hate all his peers and families.

The Regional Trial Court (RTC) granted the nullity of marriage Rosalino while the Court of
Appeals (CA) reversed and set aside the decision of the lower court.

ISSUE:

Whether or not the nullity of marriage based on psychological incapacity should be granted.

RULING:

NO. Psychological incapacity as contemplated in Article 36 of the Family Code, refers to a

serious psychological illness that is afflicting party before the celebration of marriage. The grounds
laid down in the case of Republic v. Court of Appeals clearly states that such ailment must be present
before the celebration of the marriage along with other requisites such as incurability and the
gravity of the illness. In this case, Rosalino only presented the lone testimony of his psychologist
that stated that the ailment of his patient his severe but did not prove that such ailment did not
manifest before the celebration of his marriage.