Psychological Incapacity – is not a Legal Fiction (Part 1)
My paramour – the one that I never leave home without – and the one whom I spend more time with – than my lover – is wounded and bleeding. So damaged, that I had to bring it to the ACER Service Center for repair. Yes, it’s just a laptop, but since I spend so much time with it (being my mobile office) – it has ‘evolved’ to become a ‘can’t live without’ tool in my life. And what pray tell is their prognosis? Accordingly, the lcd monitor (yes it is that damaged…) cracked. A defect that is not covered by the warranty, following ACER jargon, as far as the LCD monitor is concerned – the warranty is VOID. The only solution left is to replace the LCD with a brand new one. The laptop is confined at the service center as a write or should I say type in our office. I hope to get it back with a newly and fully paid replacement LCD within twenty four hours. Thus now, I am at a lost on what to write on considering that my references are all saved in one folder.
I was supposed to write about Psychological Incapacity. I will still explain and define the basics. The details, doctrines and deeper legal implications however will be dealt with thoroughly next week.
What is psychological incapacity? psychological incapacity” is a serious psychological disorder, but not necessarily insanity, that causes a spouse or both spouses to be truly incapable of complying with the essential marital obligations. This psychological condition must already exist at the time the marriage is celebrated.
Article 36 of the Family Code provides that “A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.“ GTALAWPHIL explains that this could mean that the husband or the wife is psychologically incapable of complying with the essential marital obligations, which will render the marriage void from the beginning. Again, it is important that this incapacity was already present during the celebration of marriage. At this stage, I think I would have to unpack some legalese within the definition. Legal jargon number one: Essential Marital Obligations. These are the obligations of the husband and wife
(1) to live together, observe mutual love, respect and fidelity, and render mutual help and support;
(2) to procreate children based on the universal principle that procreation of children through sexual cooperation is the basic end of marriage;
(3) to jointly support the family (Art. 70), for the spouses are joint administrators in the partnership; and (4) Not to commit acts which will bring danger, dishonor or injury to each other or to the family (Art. 72), for the safety and security of the family at all times is a primordial duty of the spouses. (part two next week)