University of Cebu-Banilad Library

Thesis (Degree of Juris Doctor) -- University of Cebu-Banilad, 2016.

Includes bibliographical references (leaves 70-73).

Summary: The introduction of psychological incapacity as one of the causes for nullifying a marriage became controversial as it was believed to be a divorce in disguise. In fact, the Solicitor General, out of frustration had labeled it as "the most liberal divorce procedure in the world".

The vagueness of the provision on psychological incapacity brings difficulties in our judicial system. The researcher, therefore, found it imperative to examine the concept of psychological incapacity.

In this study, the historical background of psychological incapacity as a ground for nullifying a marriage was revisited, Also, existing Supreme Court's decisions interpreting psychological incapacity were examined and deconstructed. The original intent of the framers as inferred from the history was then determined and compared to the existing jurisprudence on psychological incapacity. Finally, from the decisions of the Supreme Court interpreting psychological incapacity, possible implications of the law were revealed.

As can be gleaned from the study, the problem with psychological incapacity is it's lack of definite meaning which makes it susceptible to varying interpretations. Judges are directed to interpret and apply the concept of psychological incapacity on a case to case basis guided by experience. Accordingly, psychological incapacity as a ground for nullifying a marriage poses some difficulties in the area of judicial interpretation. In some cases, the Supreme Court is strict in it's interpretation of the term "psychological incapacity", while in other cases, it is liberal. The inconsistencies of the Supreme Court gives rise to confusion. Hence, the researcher commends to introduce additional safeguard for the concept of psychological incapacity as a ground for declaration of nullifying of marriage.

Law Law

English