Lex Fori Philippines

Law, lawyering and everything in between.

  • Pages

  • Subscribe

  • Enter your email address to subscribe to this blog and receive notifications of new posts by email.

    Join 129 other followers

  • DISCLAIMER

    Any opinion, information or remark made on this site, including any response to queries or comments posted, should not be regarded as a complete and authoritative statement of the law. There is no warranty as to the completeness or accuracy of the information and the authors will not be liable for any loss or damage relating to the use or reliance thereon. A grain of salt is recommended. No recipient of any information or content from this site should act or refrain from acting on the basis of such information or content. Consult your favorite legal representative. Use of this website does not and will not create any legal relationship between the authors and the receiver/user/reader and any lawyer-client privilege will not apply.

Posts Tagged ‘psychological incapacity’

What is the status of children born before a marriage is annulled or nullified on the ground of psychological incapacity?

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: , | Leave a Comment »

Is Sexual Infidelity Tantamount to Psychological Incapacity?

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: , , , | Leave a Comment »

Psychological Incapacity-Article 36 of the Family Code

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: , | Leave a Comment »