In the case of Tan-Andal vs. Andal, G.R. No. 196359, 11 May 2021, the Supreme Court (SC) En Banc modified the interpretation of the requirements of psychological incapacity as a ground for the declaration of nullity of marriage.

According to the SC, psychological incapacity is not a medical but a legal concept. It is a personal condition that prevents a spouse to perform marital obligations in relation to a specific person that may exist at the time of marriage but may have revealed through behavior subsequent to ceremonies. It need not be a mental or personality disorder. It need not be a permanent and incurable condition. The testimony of a psychologist or psychiatrist is not mandatory in all cases. The totality of evidence must show clear and convincing evidence to cause the declaration of nullity of marriage.

More details will be shared after the SC publishes the full decision.


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