Posted by lexforiphilippines on September 9, 2010
Children conceived or born before the judgment of annulment or absolute nullity of the marriage on the ground of psychological incapacity has become final and executory shall be considered legitimate. (Article 54, Family Code)
Legitimate children have, in general, the right to bear the surnames of the father and the mother, to receive support from their parents, and to successional rights granted by law to legitimate children. (Article 174, Family Code)
Posted in Civil Law, Law School, Laws and Implementing Rules, Notes | Tagged: psychological incapacity, status of children | Leave a Comment »
Posted by lexforiphilippines on August 16, 2010
In the case of Ligeralde vs. Patalinghug and Republic (G.R. No. 168796; 15 April 2010), the High Court held that the “(wife’s) act of living an adulterous life cannot automatically be equated with a psychological disorder, especially when no specific evidence was shown that promiscuity was a trait already existing at the inception of marriage.” Her husband, who petitioned to have their marriage declared void, must be able to establish that his wife’s unfaithfulness was a manifestation of a disordered personality, which made her completely unable to discharge the essential obligations of the marital state. He failed in this respect; neither his testimony nor the psychologist’s findings showed the root cause of his wife’s alleged incapacity. The Court stressed that the root cause of the psychological incapacity must be identified as a psychological illness, its incapacitating nature fully explained and established by the totality of the evidence presented during trial. The Court concluded that while petitioner’s wife had some character flaws and was far from being a perfect wife and a good mother, these imperfections did not warrant a conclusion that she had a psychological malady at the time of the marriage that rendered her incapable of fulfilling her marital and family duties and obligations.
Click on Digested Cases under Tools for a digest of Ligeralde vs. Patalinghug and Republic (G.R. No. 168796; 15 April 2010).
Posted in Civil Law, Law School, Remedial Law | Tagged: annulment, nullity of marriage, psychological incapacity, sexual infidelity | Leave a Comment »
Posted by lexforiphilippines on February 16, 2010
Can you love someone who is totally dependent on his mother for support, financial or otherwise?
The Philippines has no law that allows divorce between married couple. The closest thing that couples could have is a declaration by the court that their marriage is void due to the “psychological incapacity” of one of the spouses to fulfill the essential obligations of marriage.
In the case of Azcueta v. Republic, decided by the Philippine Supreme Court on May 26, 2009, the parties’ marriage was voided since it was shown that the husband was suffering from Dependent Personality Disorder.
What is Dependent Personality Disorder? Is anyone suffering from it considered as automatically psychologically incapacitated to marry?
See the Supreme Court’s answer at our Digested Cases Tab.
Posted in Civil Law, Law School | Tagged: Article 36 of the Family Code, psychological incapacity | Leave a Comment »