Persons July 25, 2012

Midterm Article 54
Moral damages cannot be recovered from a guilty party in an action for
declaration of nullity of marriage on the ground of psychological
incapacity.
Pathological liar psychologically incapacitated
Unable to determine fantasy from reality psychologically
incapacitated
Unable to adhere to reality psychologically incapacitated
Unsatisfactory marriage not null and void
Spends almost whole day working and not minding his or her family
(obsession of his work) psychologically incapacitated
Dependent personality disorder cannot make decisions, difficulty
doing things on his own psychologically incapacitated
Narcissistic/Anti-social personality disorders psychologically
incapacitated
Protecting the sanctity of marriage refuses to allow a person afflicted
with a psychological disorder, who cannot comply with or assume
essential marital obligations, from remaining in the sacred bond.
Psychologists testimony and conclusions are not sufficiently in-depth
and comprehensive all derived from the statements of the petitioner
bias in favor of his cause petition denied
Petitioner can file action to declare himself as psychologically
incapacitated
National Appellate Matrimonial Tribunal must be anchored on Canon
1095 par.3 which is the basis of Art.36. to be given weight and
respect by the courts
Not psychological incapacity:
1. wifes refusal to return home from the US and failure to
communicate with husband
2. failure to manage the familys finances
3. quarrels, financial difficulties
4. alcoholism/sexual infidelity/abandonment
5. unhappy marital relationship
6. married couple drifting apart
7. abandonment of wife and child
8. emotially immature and irresponsible
9. irreconcilable differences and conflicting personalities
10.
borderline personality disorder
Psychological incapacity:
1. senseless refusal to have sex with the spouse
2. pathological liar

3. dependent personality disorder/anti-social

4. mixed personality disorder dependent and self defeating
personality disorder