14/11/2025
PSYCHOLOGICAL INCAPACITY
(DECLARATION OF NULLITY OF MARRIAGE)
In Arnold S.I. Alfonso Vs. Michelle Pamintuan Alfonso and Republic of the Philippines, G.R. No. 258705, the Supreme Court stated that:
The fundamental elements required to sufficiently establish psychological incapacity are gravity, incurability, and juridical antecedence.
Anent the element of gravity psychological incapacity must be shown to be a serious or dangerous illness, but that “mild characterological peculiarities, mood changes, occasional emotional outbursts” are excluded. The psychological incapacity cannot be mere refusal, neglect, or difficulty, much less ill will. In other words, it must be shown that the incapacity is caused by a genuinely serious psychic cause.
Incurability, with respect to psychological incapacity, transcends beyond medical or clinical attribution. To be considered incurable, it must be clearly and convincingly shown that the spouse persistently fails to fulfill his/her duty as a present, loving, faithful, respectful, and supportive spouse to his or her specific partner. An undeniable pattern of such persisting failure must be established so as to demonstrate that there is indeed a psychological anomaly or incongruity in the spouse relative to the other.
As for the element of juridical antecedence, it is a condition sine qua non to prove that the incapacity has existed prior to the celebration of marriage albeit such incapacity manifests only after the solemnization. While admittedly, it may be difficult to determine with great accuracy the exact point in time when such incapacity existed, the Court allows the dissolution of marriage whenever the petitioner demonstrates by clear and convincing evidence, that such incapacity, in all reasonable likelihood, already exists at the time of the marriage’s celebration.
FOR INQUIRIES:
VISIT US:
Miranda De Jesus Law Office (Attorney-at-Law | Notary Public)
• 2/F Eastwalk Commercial Center, MacArthur Highway, Moras dela Paz, Sto. Tomas, Pampanga
Maps: https://maps.app.goo.gl/xPTccfLytq42eXfq5
Waze: https://waze.com/ul/hwdtv6u662
CONTACT US:
• Facebook – Miranda De Jesus Law Office
• Email – [email protected]
APPOINTMENT REQUEST:
• Walk-ins are allowed but appointment-based consultation are highly encouraged.
• Please scan the QR Code on the photo below or click the link ( https://forms.gle/AYGHTD8hbu4mojuAA ), and fill in all the required details.
