This case has been cited 3 times or more.
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2011-01-17 |
VILLARAMA, JR., J. |
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| The term "psychological incapacity" to be a ground for the nullity of marriage under Article 36 of the Family Code, refers to a serious psychological illness afflicting a party even before the celebration of the marriage.[11] These are the disorders that result in the utter insensitivity or inability of the afflicted party to give meaning and significance to the marriage he or she has contracted.[12] Psychological incapacity must refer to no less than a mental (not physical) incapacity that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage.[13] | |||||
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2010-02-18 |
CARPIO, J. |
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| In Republic v. Cabantug-Baguio,[32] we said: The Constitution sets out a policy of protecting and strengthening the family as the basic social institution and marriage as the foundation of the family. Marriage, as an inviolable institution protected by the State, cannot be dissolved at the whim of the parties. In petitions for the declaration of nullity of marriage, the burden of proof to show the nullity of marriage lies on the plaintiff. Any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity.[33] | |||||
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2008-09-22 |
CARPIO, J. |
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| (c) Incurability - It must be incurable, or even if it were otherwise, the cure would be beyond the means of the party involved.[13] | |||||