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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
Jul 8, 2024 · 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.
Mar 25, 2023 · This characterization of psychological incapacity as a mental illness or serious personality disorder is the controlling perception of psychological incapacity up until today. This perception is, however, inaccurate as will be discussed later in this discourse.
“The term “psychological incapacity” to be a ground for the nullity of marriage under Article 36 of the Family Code, refers to a serious psychological illness afflicting a party even before the celebration of the 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.
Oct 1, 2021 · Psychological incapacity. Published 1 October 2021, The Daily Tribune. Recently, the Supreme Court (SC) sitting en banc unanimously modified the guidelines on how to prove psychological incapacity as a ground for nullity of marriage under Article 36 of the Family Code (Art. 36). 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.
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.”
Psychological incapacity required by Art. 36 must be characterized by (a) gravity, (b) juridical antecedence and (c) incurability. The incapacity must be grave or serious such that the party would be incapable of carrying out the ordinary duties required in marriage.
