Is the defendant spouse required to be personally examined by a psychologist to declare marriage void by reason of psychological incapacity?
No. There is no requirement that the defendant spouse be personally examined by a psychologist. What matters is whether the totality of evidence presented is adequate to sustain a finding of psychological incapacity. (G.R. No. 180668)
Are irreconcilable differences a ground for psychological incapacity?
No. The aw requires that the psychological incapacity be a downright incapacity, not refusal or neglect or difficulty, much less ill will. The mere showing of irreconcilable differences and conflicting personalities does not constitute psychological incapacity. (G.R. no. 166579)
Do you need psychologist to determine psychological incapacity?
Yes. In the task of ascertaining the presence of psychological incapacity as a ground for the nullity of marriage, the courts, which are concededly not endowed with expertise in the field of psychology, must of necessity rely on the opinions of experts in order to inform themselves on the matter, and thus enable themselves to arrive at an intelligent and judicious judgment. Indeed, the conditions for the malady of being grave, antecedent and incurable demand the in-depth diagnosis by experts. (G.R. No. 166357, 14 Janaury 2015)
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