By NG Seruela
The Supreme Court issued on Wednesday (May 12) a unanimous modification in the “interpretation of the requirements of psychological incapacity as a ground for declaration of nullity of marriage.”
In a unanimous decision, the SC pronounced that psychological incapacity under Article 36 of the Family Code is “not a medical, but a legal concept.”
“The Court pronounced 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 explained.
The high court also said that the psychological incapacity does not need to be a “mental or personality disorder,” nor a “permanent and incurable condition,” thus ruling out the mandatory testimony of a psychologist or a psychiatrist.
“The totality of the evidence must show clear and convincing evidence to cause the declaration of nullity of marriage,” it added.
Justice Marvic M.V.F. Leonen was the ponente of the decision. -jlo
