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SUPREME COURT
Manila City
VALERIO E. KALAW,
Petitioner,
-versus-
Declaration of Nullity
of Marriage under Art.
36 of the Family Code
of the Philippines
MEMORANDUM
COME NOW PLAINTIFF-RESPONDENT, through the
undersigned counsel, unto this Honorable Supreme Court
most respectfully submit and present this Memorandum in
the above-titled case and aver that:
PREFATORY STATEMENT
A finding of psychological incapacity must be
supported by well-established facts. It is the plaintiffs
burden to convince the court of the existence of
these facts.
FACTUAL BACKGROUND
1. Petitioner Valerio E. Kalaw (Tyrone) and respondent Ma.
Elena Fernandez (Malyn) met in 1973. They maintained
a relationship and eventually married in Hong Kong on
November 4, 1976. They had four children, Valerio
(Rio), Maria Eva (Ria), Ramon Miguel (Miggy or Mickey),
and Jaime Teodoro (Jay).;
2. Shortly after the birth of their youngest son, Tyrone had
an extramarital affair with Jocelyn Quejano (Jocelyn),
who gave birth to a son in March 1983.;
22.
On the stand, the psychologist elaborated
that while Malyn had relationship problems with Tyrone,
she appeared to have a good relationship with her kids.
23.
As for Tyrone, he has commitment issues
which prevent him from committing himself to his
duties as a husband. He is unable to remain faithful to
Malyn and is psychologically incapacitated to perform
this duty.
Ruling of the Regional Trial Court:
After summarizing the evidence presented by both
parties, the trial court concluded that both parties are
psychologically incapacitated to perform the essential
marital obligations under the Family Code. The courts
Decision is encapsulated in this paragraph:
From the evidence, it appears that parties are both
suffering from psychological incapacity to perform their
essential marital obligations under Article 36 of the
Family Code. The parties entered into a marriage
without as much as understanding what it entails. They
failed to commit themselves to its essential obligations:
the conjugal act, the community of life and love, the
rendering of mutual help, the procreation and
education of their children to become responsible
individuals. Parties psychological incapacity is grave,
and serious such that both are incapable of carrying
out the ordinary duties required in marriage. The
incapacity has been clinically established and was
found to be pervasive, grave and incurable.
The trial court then declared the parties marriage void
ab initio pursuant to Article 36 of the Family Code.
Ruling of the Court of Appeals:
Malyn appealed the trial courts Decision to the CA. The
CA reversed the trial courts ruling because it is not
ISSUES
A. Whether petitioner has sufficiently proved
respondent suffers from psychological incapacity;
that
ARGUMENTS
A. The petition has no merit. The CA committed no
reversible error in setting aside the trial courts Decision
for lack of legal and factual basis;
B. A petition for declaration of nullity of marriage is
governed by Article 36 of the Family Code which
provides:
ART. 36. A marriage contracted by any party
who, at the time of the celebration, was
psychologically incapacitated to comply with the
essential marital obligations of marriage, shall
existed at
incurable.
the
time
of
marriage,
and
must
be
PRAYER
WHEREFORE, premise considered, it respectfully prayed for
that this Honorable Supreme Court that PetitionerRespondents prayer for the nullity of marriage based on
psychological incapacity be DENIED for having no cause of
action and the petition
DISMISSED for being clearly unmeritorious.
Other just and equitable relief under the foregoing are
likewise being prayed for.
Respectfully submitted.
Jan Veah P. Caabay
Counsel for the Respondent
Roll No. 52749
MCLE Compliance No. IV0019818
IBP No. 958919, 12/ 31/2015
PPC
PTR No. 0019511, 12/ 31/
2015, PPC
Cellphone No. 0915-3475225
Email: veah5366@yahoo.com
JVPC LAW OFFICE
Brgy. San Manuel, Puerto
Princesa City, Palawan
Copy furnished:
Jocelyn B. Fabello
Counsel for Respondent
JBF LAW OFFICES
14 Carandang Street
Puerto Princesa City
Palawan
SWORN ATTESTATION OF THE COUNSEL/LAWYER
JAN VEAH P.
CAABAY
Affiant
SUBSCRIBED AND SWORN
to before me this
_____________, at the City of Puerto Princesa City, Palawan,
Philippines, with the affiant presenting to me his
identification card as sufficient proof of his identity.
Ma.
Fernandez
Affiant
Elena