What is psychological incapacity as a ground to declare the marriage void?
A. This is provided under Article 36 of the Family Code. This has been specifically defined in the case of Santos versus Court of Appeals decided sometime in January 4,1995 as referring to no less than a mental (not physical) incapacity that causes a party to be truly incognitive of the basic martial covenants that concomitantly must be assumed and discharged by the parties to the marriage which, xxx, include their mutual obligations to live together, observe love, respect and fidelity, and render help and support. Psychological incapacity must be characterized by (a) gravity, (b) juridical antecedence, and (c) incurability.” Q.
