Ting vs. Ting - G.R. No. 166562

Benjamin Ting v.
Carmen Velez-Ting
G.R. No. 166562, March 31, 2009
Nachura, J.:
Facts:
Benjamin Ting and Carmen Velez-Ting first met in 1972 while they were classmates in medical
school. They fell in love, and they were wed on July 26, 1975 in Cebu City when respondent was
already pregnant with their first child. On October 21, 1993, after being married for more than 18
years to petitioner and while their youngest child was only two years old, Carmen filed a verified
petition before the RTC of Cebu City praying for the declaration of nullity of their marriage based
on Article 36 of the Family Code. She claimed that Benjamin suffered from psychological
incapacity even at the time of the celebration of their marriage, which, however, only became
manifest thereafter. Carmen’s allegations of Benjamins psychological incapacity consisted of the
following manifestations:
1. Benjamins alcoholism, which adversely affected his family relationship and his profession;
2. Benjamins violent nature brought about by his excessive and regular drinking;
3. His compulsive gambling habit, as a result of which Benjamin found it necessary to sell
the family car twice and the property he inherited from his father in order to pay off his
debts, because he no longer had money to pay the same; and
4. Benjamins irresponsibility and immaturity as shown by his failure and refusal to give
regular financial support to his family.
In his answer, Benjamin denied being psychologically incapacitated. He maintained that he is a

respectable person, as his peers would confirm. He also pointed out that it was he who often
comforted and took care of their children, while Carmen played mahjong with her friends twice a
week. Both presented expert witnesses (psychiatrist) to refute each other’s claim. RTC ruled in
favor of the respondent declaring the marriage null and void.
Petitioner appealed to the CA. CA reversed RTC’s decision. Respondent filed a motion for
reconsideration, arguing that the Molina guidelines should not be applied to this case
Issues:
Whether the CA violated the rule on stare decisis when it refused to follow the guidelines
set forth under the Santos and Molina cases,
Whether the CA correctly ruled that the requirement of proof of psychological incapacity
for the declaration of absolute nullity of marriage based on Article 36 of the Family Code has been
liberalized,
Whether the CAs decision declaring the marriage between petitioner and respondent null
and void is in accordance with law and jurisprudence.
Held:
No. respondent’s argument that the doctrinal guidelines prescribed in Santos and Molina
should not be applied retroactively for being contrary to the principle of stare decisis is no longer
new. The interpretation or construction of a law by courts constitutes a part of the law as of the
date the statute is enacted. It is only when a prior ruling of this Court is overruled, and a different
view is adopted, that the new doctrine may have to be applied prospectively in favor of parties
who have relied on the old doctrine and have acted in good faith, in accordance therewith under
the familiar rule of lex prospicit, non respicit.
The Case involving the application of Article 36 must be treated distinctly and judged not
on the basis of a priori assumptions, predilections or generalizations but according to its own
attendant facts. Courts should interpret the provision on a case-to-case basis, guided by experience,
the findings of experts and researchers in psychological disciplines, and by decisions of church
tribunals.
In this case, respondent failed to prove that petitioner’s defects were present at the time of
the celebration of their marriage. She merely cited that prior to their marriage, she already knew
that petitioner would occasionally drink and gamble with his friends; but such statement, by itself,
is insufficient to prove any pre-existing psychological defect on the part of her husband. Neither
did the evidence adduced prove such defects to be incurable.

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Benjamin Ting v.

In his answer, Benjamin denied being psychologically incapacitated. He maintained that he is a

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