Sunday, December 14, 2008

Definition of Psychological Incapacity in Annulment Cases in the Philippines

With the growing number of annulment cases in the Philippines as a cover for not-existing divorce the law can fully catch up with loopholes exploited by annulment lawyers (divorce lawyers in the US)

In an earlier post, I've written about a case of Annulment based on psychological incapacity with a lawyer and corrupt judge conniving to fasttrack resolution of annulment cases to days instead of months and years. (In this case, the judge died a few days after issuing the ruling on the case of someone I knew...)

How do you define psychological incapacity for a marriage to be voided? Irreconcilable differences and conflicting personalities should not be one of them.
It must be identified as a psychological illness to be proven medically or clinically.

A newly-filed bill at the House of Representatives said "Its indicators include, among others, excessive and promiscuous sexual hunger, refusal to dwell with the other spouse, manifestations of socio-pathic anomalies like sadism or repeated infliction of physical violence, and laziness. In case of doubt, the bill mandates the court to resolve the case in favor of the existence of the marriage."

Unless the law is passed, the resulting lack of definition in the Family Code makes it a divorce law in disguise.

Related Post:

Marriage Annulment Philippines



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