May 12, 2021 @ 10:49
SC modifies interpretation of psychological incapacity as ground to nullify marriage
The Supreme Court on Wednesday, May 12, 2021, unanimously modified the interpretation of psychological incapacity as a ground for
declaration of nullity of marriage under Article 36 of the Family Code of the Philippines.
In the case of Tan-Andal v. Andal, G.R. No. 196359, the SC en banc ruled that “psychological incapacity is not a medical but a legal concept It refers to a personal condition that prevents a spouse to comply with fundamental marital obligations only in relation to a specific partner that may exist at the time of the marriage but may have revealed through behavior subsequent to the ceremonies.”
” It need not be a mental or personality disorder. It need not be a permanent and incurable condition. Therefore, the testimony of psychologist or psychiatrist is not mandatory in all cases. The totality of the evidence must show clear and convincing evidence to cause the declaration of nullity of marriage, ” the SC said in a media briefer
Senior Associate Justice Marvic Leonen wrote the unanimous decision. Several concurring opinions were also submitted.