The Supreme Court recently overturned its previous interpretations of the grounds for psychological incapacity as the basis for the nullification of marriage under Article 36 of the Family Code of the Philippines.
In Tan-Andal v. Andal (G.R. No. 196359), the Supreme Court en banc pronounced that psychological incapacity is not a medical concept, but rather 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. Such condition may exist at the time of the marriage ceremony but may have revealed itself afterwards. The grounds for psychological incapacity do not need to be based on a mental or personality disorder, neither does it need to be a permanent or incurable condition. Previously in Republic v. CA and Molina (G.R. No. 108763), the condition must be proven to be medically or clinically permanent or incurable in order to constitute psychological incapacity.
Therefore, the testimony of a psychologist or psychiatrist is no longer mandatory in all cases. The basis for the declaration of psychological incapacity under Article 36 of the Family Code of the Philippines must rely on the totality of evidence showing clear and convincing evidence to cause the declaration of nullity of marriage.