Gemma filed a petition for the declaration of nullity of her marriage with Arnell on the ground of psychological incapacity. She alleged that after 2 months of their marriage, Arnell showed signs of disinterest in her, neglected her and went abroad. He returned to the Philippines after 3 years but did not even get in touch with her.
Worse, they met several times in social functions but he snubbed her. When she got sick, he did not visit her even if he knew of her confinement in the hospital. Meanwhile, Arnell met an accident which disabled him from reporting for work and earning a living to support himself.
Will Gemma’s suit prosper? Explain. 5%
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2 comments:
VI.
The suit will not prosper. Psychologocal incapacity is confined to the most serious personality disorders clearly demonstrative of an utter sensitivity or inability to give meaning and significance to the marriage. Among the requirements prescribed in the landmark Molina case which are not complied with in the case at bar are as follows:
1. It must be shown that the root cause of the psychological incapacity is medically or clinically identified and sufficiently proven by experts;
2. The incapacity must also be shown to be medically or clinically permanent or incurable.
gemma's suit will not prosper.
psychological incapacity to be appreciated by court should show the inability of the spouse to understand the obligations of marriage, and not as in this case, mere inability of the husband to comply with them.
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