https://www.youtube.com/watch?v=dflfkS_eJG0 (CNN News 05/14/2021)
>definition of terms
1. declaration of nullity of marriage = void ab initio (can re-marry)
2. annulment = voiding a marriage that was valid (can re-marry)
3. legal separation = removing the legal consequences of marriage (cannot marry); nearest equivalent of divorce in the PH (the lone country with the Vatican that does not legally recognize divorce)
GROUNDS FOR DECLARATION OF NULLITY (void ab initio)
1. minority and lack of parental consent
2. insanity
3. consent through fraud, force, intimidation or undue influence
4. physical incapacity to consummate marriage which is incurable
5. psychological incapacity
THREE LEGAL REQUIREMENTS FOR PSYCHOLOGICAL INCAPACITY:
1. GRAVITY = very serious that the person can no longer perform the essential marital obligations**
2. JUDICIAL ANTECENDENCE = deeply rooted incapacity existing PRIOR to marriage
3. PERMANENCE & INCURABILITY*
*in a Press Briefer dated 05/21/2021, the Supreme Court unanimously decided the requirement of INCURABILITY is no longer needed in the case of Tan-Andal vs Andal.
However, Atty Joyce Domingo-Dapat, Family Law Expert says that there is no substantial change because since 1995, it was already decreed that the person is INCURABLE as regards this particular spouse ONLY (specific vs universal).
***ESSENTIAL MARITAL OBLIGATIONS
1. to live together
2. to observe mutual love and respect
3. to provide support to each other (financially and psychologically)
4. to manage the household
>fees: lawyer = 250-600k (package deal vs acceptance fee + progress fee) + psychiatrist or psychologist = 25-60k = 300+K
NB: to have a good "fighting chance," the lawyer's manifestation must be CLEAR & CONVINCING!
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