Under the provision of art. 36 of the family code. Explain that psychological incapacity will be a ground to file annulment case before the court to dissolve the succeeding marriage.
What is psychological incapacity?
Psychological incapacity categories into three parts;
1. Psychological incapacity distinguish from vice of consent
2. Psychological incapacity distinguish from insanity
3. Psychological incapacity present at the time of the marriage
Psychological incapacity distinguish from vice of consent
> Psychological incapacity has nothing to do with consent to marriage. A person might have given free and voluntary consent to a marriage (that is, his mind knew what marriage is all about and all rights and obligations arising therefrom), but his will may not be capable of fulfilling such rights and obligations. Hence, psychological incapacity is not a question of defective consent but a question of fulfillment of a valid consent.
Psychological incapacity distinguish from insanity
> Mental insanity or insanity fo some kind, like physical incapacity, is a vice of consent, while psychological incapacity is not a species of vice of consent. As already stated, a person might have given valid consent to a marriage, but because of a psychological disorder in his make-up, he is unable to assume the essential obligations of marriage.
Psychological incapacity must be present at the time of the marriage
>To be for declaration of nullity of marriage, the psychological incapacity of either party to comply with the essential marital obligations must already be present at the time of the marriage, although it might be manifest only after the marriage.