Can such differences and incompatibility be equated with psychological incapacity? During their marriage Dino was working and giving money to Nida who, however, always complained that it was not enough. In support of her petition, Nida testified and narrated in a judicial affidavit everything that happened to them as above set forth. Psychological incapacity under Article 36 of the FC, must be characterized by (a) gravity; (b) judicial antecedence and (c) incurability. And the burden of proving psychological incapacity must be on Nida, the spouse who wants the marriage declared void.

Source: Philippine Star June 10, 2021 15:56 UTC