May 13, 2021

The Supreme Court recently released a decision which considered “psychological incapacity” as a legal concept, not a mental or personality disorder. The potential impact of this new development on the annulment process was discussed by DivinaLaw Senior Partner Atty. Estrella C. Elamparo last May 13 in the radio and online show “Home Buddy – Kasama si Jaemie Quinto” of DZME1530.

Atty. Elamparo said : “Hindi lang magiging mas madali at mas mabilis, pero masasabi natin na mas mura o hindi na ganun kamahal ang gagastusin ng ating mga litigants sa declaration of nullity (of marriage) cases.” (Not only will this mean an easier and faster process, but it can also mean litigants will not have to spend as much in declaration of nullity cases.)

Prior to the SC’s decision on the Tan-Andal vs Andal case, the Molina doctrine (based on the 1997 case of Republic v. CA and Molina) laid out stricter standards for “psychological incapacity.”

To view DZME1530’s interview with Atty. Elamparo click here: