HOW DID THE DOCTRINAL RULING IN TAN-ANDAL V.
WHAT IS PSYCHOLOGICAL INCAPACITY
ANDAL MODIFY THE GUIDELINES FOR PROVING
PSYCHOLOGICAL INCAPACITY FROM THE MOLINA
RULING?
The following were extensively reviewed and
modified:
a. Quantum of proof required: plaintiff-spouse
must prove his or her case with clear and
convincing evidence which requires more
than preponderant evidence but less than
proof beyond reasonable doubt
b. Psychological incapacity is NOT a medical but
a legal concept. It refers to personal
condition ONLY in relation to a specific
partner which manifests itself through clear
acts of dysfunctionality that undermines the
family
c. With the requisite of juridical antecedence,
psychological incapacity must be exiting at
the time of the celebration of marriage, even
if such incapacity becomes manifest only after
its solemnization.
d. Incurability is no longer a medical but a legal
term which contemplates a situation where
the couple’s respective personality structures
are so incompatible and antagonistic that the
only result of the union would be the
breakdown of marriage.
e. The requirement of gravity is retained, not in
the sense that the psychological incapacity
must be shown to be serious or dangerous
illness, but that “mild characterological
peculiarities, mood changes, occasional
emotional outbursts” are excluded.
f. The guidelines on upholding essential marital
obligations enumerated in the Family Code
was also clarified in that it now included
obligations toward their children as equally
important.
g. Lastly, the persuasive effect of the decisions
of NAMT (National Appellate Matrimonial
Tribunal) on nullity cases pending before
secular courts was retained
(Tan-Andal vs. Andal, 2021)
A malady that is so grave and permanent as to
deprive one of awareness of the duties and
responsibilities of the matrimonial bond one is about
to assume
NOTE:
Psychological incapacity is NEITHER a mental
incapacity nor a PERSONALITY DISORER that must be
proven through expert opinion. There must be proof,
however, of the durable or enduring aspects of a
person’s personality, called “personality structure”,
which manifests itself through clear acts of
dysfunctionality that undermines the family. The
spouse’s personality structure must make it
impossible for him or her to understand and, more
important, to comply with his or her essential marital
obligations.
(Tan-Andal vs. Andal, 2021)
REQUISITES OF PSYCHOLOGICAL INCAPACITY (GAI)
1. Gravity – must be grave or serious such that
the party would be incapable of carrying out
the ordinary duties required in a marriage;
2. Juridical Antecedence – must be rooted in
the history of the party antedating the
marriage, although the overt manifestation
may emerge only after marriage; and
3. Incurability – incapacity is so enduring and
persistent with respect to a specific partner,
and contemplates a situation where the
couple’s respective personality structures are
so incompatible and antagonistic that the
only result of the union would be the
inevitable and irreparable breakdown of the
marriage.
NOTE:
Expert opinions, while highly advisable, are NOT
conditions sine qua non in granting petitions for
declaration of nullity of marriage. If the totality of
evidence presented is enough to sustain a finding of
psychological incapacity, then actual medical or
psychological examination of the person concerned
need NOT be resorted to. (Mendoza v. Republic,
2012)
(Tan-Andal v. Andal, 2021)