Psychological Incapacity

SANTOS vs. COURT OF APPEALS, 240 SCRA 20, January 4, 1995

• Psychological Incapacity must be characterized by

a)      gravity,

b)      juridical antecedence, and

c)       incurability

• Psychological Incapacity should refer to no less than a mental (not physical) incapacity that causes a party to be truly incognitive of the basic marital covenants concomitantly must be assumed and discharged by the parties to the marriage which include their mutual obligations to live together, observe love, respect and fidelity and render help and support

• The intendment of the law is to confine psychological incapacity to the most serious cases of personality disorders clearly demonstrative of utter  insensitivity or inability  to give meaning and significance to the marriage.

REPUBLIC OF THE PHILIPPINES vs. COURT OF APPEALS and RORIDEL OLAVIANO MOLINA, G.R. No. 108763, February 13, 1997

• Mere showing of “irreconcilable differences” and “conflicting personalities” in no wise constitute psychological incapcity. 

• Root cause of psychological incapacity must be

a)      medically or clinically identified,

b)      alleged in the complaint,

c)       sufficiently proven by experts, and

d)      clearly expained in the decision

• The incapacity must be proven to be existing “at the time of the celebration” marriage. 

• Such incapacity must be shown to be medically and clinically permanent or incurable. Such incurability may be absolute or even relative only in regard to the other spouse, not necessarily absolutely against everyone of the same sex. Furthermore, such incapacity must be relevant to the assumption of marriage obligations, not necessarily to those not related  to marriage, like the exercise of a profession or employment in a job

• Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage (Art 68-71 & Art 220-225). The illness must be shown as downright incapacity or inability, not a refusal, neglect or difficulty, much less ill will.

BRENDA B. MARCOS vs. WILSON G. MARCOS, G.R. No. 136490, October 19, 2000

• The foregoing guidelines in Santos v. Court of Appeals do not require that a physician examine the person to be declared psychologically incapacitated. In fact, the root cause may be "medically or clinically identified." What is important is the presence of evidence that can adequately establish the party's psychological condition.