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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 is identified as something that is clinically or medically permanent, must be alleged in the complaint, and must be clearly explained in the decision.
Based on its decision in the case of Tan-Andal vs. Andal, G.R. No. 196359, the SC stated that psychological incapacity “need not be a mental or personality disorder. It need not be a permanent and incurable condition.”
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.
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.
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.
Oct 6, 2022 · Psychological incapacity is not only a mental incapacity nor only a personality disorder that must be proven through expert opinion. There may now be proof of the durable aspects of a person's personality, called "personality structure," which manifests itself through clear acts of dysfunctionality and undermines the family.
Mar 25, 2023 · This was the subject of the article, Psychological Incapacity and the Canon Law on Marriage: An Exegesis on the Psychological Element of Matrimonial Consent (Exegesis). [260] A canonical marriage, like a secular marriage, is special, albeit for a different reason.
Psychological incapacity is a ground to declare the nullity of a marriage. Article 36 of the Family Code provides: ARTICLE 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential mari ta! obligations of marriage, shall likewise be void even if such
May 12, 2021 · In a new ruling, the Supreme Court has held that psychological incapacity, a ground in the nullity of marriage, is a legal concept and not medical, and that testimonies from...
