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Jul 8, 2024 · ‘Psychological incapacity,’ as a ground to nullify a marriage under Article 36 of the Family Code, should refer to no less than a mental – not merely physical – incapacity that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage ...
The Supreme Court (SC) has modified the interpretation of requirements of psychological incapacity as a ground for the declaration of nullity of marriage. According to the SC, psychological incapacity is not a medical but a legal concept.
There is hardly any doubt that the intendment of the law has been to confine the meaning of “psychological incapacity” to the most serious cases of personality disorders clearly demonstrative of an utter intensitivity or inability to give meaning and significance to the marriage.”
There is hardly any doubt that the intendment of the law has been to confine the meaning of "psychological incapacity" to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage.23
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.
Oct 1, 2021 · With regard to the juridical antecedence requirement of the psychological incapacity, the incapacity must be characterized as incurable. However, the Court acknowledges that psychological incapacity, not being an illness in a medical sense, is not something to be cured.
Jun 9, 2023 · Psychological incapacity refers to the psychological condition or disorder that renders a spouse incapable of fulfilling essential marital obligations. It involves the inability to understand, commit to, or carry out the responsibilities and duties of marriage.
May 15, 2024 · In this case, the Supreme Court defined psychological incapacity under Article 36 of the Family Code of the Philippines as a mental incapacity that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage.
May 12, 2021 · The new ruling defines psychological incapacity as “a personal condition that prevents a spouse to comply with fundamental marital obligations only in relation to a specific partner that may...
psychological incapacity is identified as something that is clinically or medically permanent, must be alleged in the complaint, and must be clearly explained in the decision.
