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Sep 5, 2023 · The Family Code, including its concept of psychological incapacity as a ground to nullify marriage, shall be given retroactive effect, so long as no vested or acquired rights under relevant laws will be prejudiced or impaired.
Psychological incapacity, a ground to void marriage under Article 36 of the Family Code, is a legal, not a medical, concept. As such, it is enough that parties prove that an enduring part of their personality renders them incapable of performing their essential marital obligations.
Jul 22, 2006 · Article 36 of the Family Code requires that the incapacity must be psychological — not physical, although its manifestations and/or symptoms may be physical.
Jul 22, 2006 · Article 36 of the Family Code requires that the incapacity must be psychological – not physical, although its manifestations and/or symptoms may be physical. Expert evidence may be given by qualified psychiatrists and clinical psychologists.
May 12, 2023 · “The most familiar ground for nullity is psychological incapacity under Article 36 of the Family Code. It is the claim that one or both of the spouses is “ psychologically incapacitated to perform and comply with the essential marital obligations at the time of the celebration of their marriage ”.
Basically, the issue to be resolved by this Court is whether or not the totality of evidence presented warrants, as the RTC determined, the declaration of nullity of the marriage of Mirasol and Felipe on the ground of the latter's psychological incapacity under Article 36 of the Family Code.
The Family Code does not define the term “psychological incapacity” ( Article 36 ). This provision is deliberately broad. The Supreme Court noted in the 1995 case of Santos that based on the deliberations of the committee on the Family Code Revision, the provision is designed “to allow some resiliency in its application”.
