Case 20. Sweet but Psycho
Listen now
Description
The story of a woman frustrating legal battle against her lazy, bizarre, violent and irresponsible husband, citing psychological incapacity to nullify their marriage. This is the recent landmark case of Tan-Andal vs. Andal (G.R. No. 196359). NOTE: During the En Banc deliberation on Tuesday, May 11, 2021, the Court in the case of Tan-Andal v. Andal, unanimously modified the interpretation of the requirements of psychological incapacity as a ground for declaration of nullity of marriage found in Article 36 of the Family Code. The Court pronounced that psychological incapacity is not a medical but a legal concept. It refers to a personal condition that prevents a spouse to comply with fundamental marital obligations only in relation to a specific partner that may exist at the time of the marriage but may have revealed through behavior subsequent to the ceremonies. It need not be a mental or personality disorder. It need not be a permanent and incurable condition. Therefore, the testimony of psychologist or psychiatrist is not mandatory in all cases. The totality of the evidence must show clear and convincing evidence to cause the declaration of nullity of marriage. Justice Marvic M.V.F. Leonen was the ponente of the unanimous decision. Follow The Court Room Podcast on Facebook at facebook.com/thecourtroompodcast Watch the Facts-Issues-Ruling Audiogram version on Youtube at youtube.com/channel/TheCourtRoomPodcast Support us at https://anchor.fm/the-court-room/support Shop for your law school essentials at omnil.ink/tcr_merchants --- Send in a voice message: https://anchor.fm/the-court-room/message
More Episodes
In this episode, we'll tell you the story of a kid who died in a freak department store accident and her parent's journey to obtain justice. This is the torts case of Jarco Marketing Corporation vs. Court of Appeals (GR No. 129792) Follow The Court Room Podcast on Facebook at...
Published 05/22/22
Published 05/22/22
In this episode, we'll tell you the story of an impatient bar passer who legally assisted an electoral candidate without the license to practice law yet. Find out what happened to him as we tell you the case of Dona Marie Aguirre vs. Edwin Rana (Bar Matter No. 1036)   Before one is admitted to...
Published 04/26/22