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Tuesday, May 11, 2021

No need for psychiatrists’ testimonies: SC says psychological incapacity for annulment a legal concept

Testimonies from psychologists or psychiatrists are not required to prove psychological incapacity which are used as grounds to nullify marriages, the Supreme Court (SC) announced on Wednesday (May 12).

The SC Public Information Office (SCPIO) said in a statement that this was determined by the high tribunal in its deliberation on Tuesday (May 11) of the case of Tan-Andal v. Andal.

The SCPIO said the high court pointed out 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.

With this, psychological incapacity need not be “a mental or personality disorder” nor “a permanent and incurable condition.”

“Therefore, the testimony of psychologist or psychiatrist is not mandatory in all cases,” the SCPIO cited the high tribunal’s ruling.

“The totality of the evidence must show clear and convincing evidence to cause the declaration of nullity of marriage,” it added.



Source: Latest Politics News Today (Politics.com.ph)

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