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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.
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.
Feb 6, 2017 · Psychological incapacity must be more than just a "difficulty," "refusal" or "neglect" in the performance of some marital obligations. Rather, it is essential that the concerned party was incapable of doing so, due to some psychological illness existing at the time of the celebration of the 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.
Psychological incapacity is neither a mental incapacity nor a personality disorder that must be proven through expert opinion. There must be proof, however, of the durable or enduring aspects of a person's personality, called "personality structure," which manifests itself through clear acts of dysfunctionality that undermines the family.
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.
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.
