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VALERIO E. KALAW, PETITIONER, VS. MA. ELENA FERNANDEZ, RESPONDENT.

VALERIO E. KALAW, PETITIONER, VS. MA. ELENA FERNANDEZ, RESPONDENT.

G.R. No. 166357 | 2011-09-19

FIRST DIVISION
 
D E C I S I O N

DEL CASTILLO, J.:

A finding of psychological incapacity must be supported by well-established facts.  It is the plaintiff's burden to convince the court of the existence of these facts.
 
Before the Court is a Petition for Review[1] of the Court of Appeals' (CA) May 27, 2004 Decision[2] and December 15, 2004 Resolution[3] in CA-G.R. CV No. 64240, which reversed the trial court's declaration of nullity of the herein parties' marriage. The fallo of the assailed Decision reads:

WHEREFORE¸ the appeal is GRANTED, and the assailed Decision is SET ASIDE and VACATED while the petition...