The Supreme Court held that, although there is no requirement that a party to be declared psychologically incapacitated should be personally examined by a physician or psychologist, there is a need to prove the psychological incapacity through independent evidence adduced by the person alleging such disorder.
Correspondingly, the presentation of expert proof presupposes a thorough and in-depth assessment of the parties by the psychologist or expert, for a conclusive diagnosis of a grave, severe and incurable presence of psychological incapacity. When does the action or defense for declaration of nullity prescribe?
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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 marriage.
( Psychological incapacity must refer to no less than a mental (not physical) incapacity that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage. How can I establish that there is Psychological incapacity in my marriage?
Dinosaurs antedated the first human beings by almost 65 million years, though this stubborn fact never used to stop cartoonists and screenwriters from having the two species inhabit the same story line.The incapacity of the spouse must such that, that it prevents him from complying with the essential marital obligations as stated in the Family Code, like: (a) To procreate children based on the universal principle that procreation of children though sexual cooperation is the basic end of marriage; (b) To live together under one roof for togetherness spells the unity in marriage 7.Would the presentation of an expert witness be enough to prove the existence of the psychological incapacity in my marriage?The Supreme Court had laid down the guidelines for the interpretation and application of Article 36: a) The burden of proof to show the nullity of the marriage belongs to the plaintiff.Any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity.