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BY GORDON GUILLERGAN
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Sunday, January 29, 2017
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“The faithful man perceives nothing less than opportunity in difficulties. Flowing through his spine, faith and courage work together. Such a man does not fear losing his life, thus he will risk losing it at times in order to empower it. By this he actually values his life more than the man who fears losing his life. It is much like leaping from a window to avoid a fire yet in that most crucial moment knowing that God will appear to catch you.” ― Criss Jami, Killosophy
MANY believe it is enough to invoke psychological incapacity as ground for annulment of marriage at any given time.
However, the mental incapacity of the spouse should be properly established before using the same as a ground for annulment of marriage.
Article 36 of the Family Code, and as established by jurisprudence, the Molina Doctrine, considered guidelines in the 1997 case of Republic of the Philippines vs Court of Appeals and Roridel Olaviano Molina (G.R. No. 108763).
* The burden of proof to show the nullity of marriage belongs to the plaintiff. Any doubt should be resolved in favor of the existence and continuation of marriage and against its dissolution and nullity.
* The root cause of the psychological incapacity must be medically or clinically identified, alleged in the complaint, sufficiently proven by experts, and clearly explained in the decision.
* The incapacity must be proven to be existing at “the time of the celebration” of the marriage.
* Such incapacity must also be shown to be medically or clinically permanent or incurable.
* Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage.
* The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as regards the husband and wife, as well as Articles 220, 221 and 225 of the same Code in regard to parents and their children.
* Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts.
* Also, the trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state.
These eight points narrow down to the “JIG” – Juridical antecedence. Incurability. Gravity. These, for common understanding, means that psychological incapacity exists even before marriage and that it is not cured and it should be grave in nature or character.
But how do you know if you spouse is psychologically incapacitated?
I am not a psych exert but commonly, it is manifested as the inability of one person to fully commit into the marriage. The inability to fulfill simple marital obligations and the nature of his personality tends him to be reliant on, for example, other people in matters that pertain to the marriage.
Simple cold feet during marriage or the fear or hesitation to go into marriage does not amount to psychological incapacity. It is, I believe, normal for one to feel a little overwhelmed by the idea of spending the rest of your life with someone, or fear of maybe failing at it, because we all, to a certain degree, do feel a little apprehensive of anything new and which require commitment.
The best thing is to fully rely and trust your spouse and to somehow guide each other to subtly transition from being a free-spirited single individual to a fully committed married person. No one could ever help you with this but each other.
Never be afraid to fall in pit holes or perhaps do something you think might harm the marriage, because you will never really know unless you take the leap of faith.
Trust your spouse and believe in the unceasing power of God to work things out, and in the love you have for each other./PN
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