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May 12, 2023 · The Supreme Court has defined psychological incapacity as “the downright incapacity or inability to take cognizance of and to assume the basic marital obligations.” [3] UPDATE: Most recently, in the case of Tan-Andal v.
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.
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.
Psychological incapacity, as a ground for declaring the nullity of a marriage, may be established by the totality of evidence presented. There is no requirement, however, that the respondent should be examined by a physician or a psychologist as a conditio sine qua non for such declaration.38
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.
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.
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.
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.
Jun 27, 2023 · In certain circumstances, marriages may be deemed invalid due to psychological incapacity. An annulment based on psychological incapacity is a legal recourse available to individuals who believe that their marriage is voidable due to the psychological incapacity of one or both parties.
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...
