A Plea to Revisit the “Clear and Convincing” Evidentiary Standard to Prove Psychological Incapacity in Marriage Nullification Cases
Article 36 of the Family Code provides that “[a] marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations” shall be void. In the landmark case of Tan-Andal v. Andal, G.R. No. 196359, 11 May 2021, the Supreme Court en banc held that psychological incapacity…