000			02773nam a22002777a 4500
003			OSt
005			20190711105518.0
008			160622b xxu||||| |||| 00| 0 eng d
040			_cUniversity of Cebu-Banilad _aUniversity of Cebu-Banilad
100			_aAlbeos, Centvie Joie F.
245			_aPsychological incapacity : _ba legal paradox / _cCentvie Joie F. Albeos.
260			_aCebu City : _c2016. _bUniversity of Cebu,
300			_aiv, 73 leaves ; _c31 cm.
336			_2rdacontent _atext
337			_2rdamedia _aunmediated
338			_2rdacarrier _avolume
501			_aThesis (Degree of Juris Doctor) -- University of Cebu-Banilad, 2016.
504			_aIncludes bibliographical references (leaves 70-73).
520			_aSummary: 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.
541			_xBaldomero Estenzo _yLaw _zLaw
546			_aEnglish
942			_2ddc _cTHE
998			_cLeah-Bei [new] _d06/22/2016
998			_cAillen[checked] _d07/16/2016
999			_c5686 _d5686