8/23/2020 E-Library - Information At Your Fingertips: Printer Friendly The Petition calls on the Court to determine whether the lower courts erred in dismissing Anacleto's petition for declaration of nullity on the ground of insufficient evidence. The Court's Ruling The Petition lacks merit. Article 36 of the Family Code states: A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. In a long line of cases, the Court has ruled that psychological incapacity under Article 36 must be characterized by gravity, juridical antecedence, and incurability.[30] To warrant a declaration of nullity on the basis of Article 36, the incapacity "must be grave or serious such that the party would be incapable of carrying out the ordinary duties required in marriage; it must be rooted in the history of the party antedating the marriage although the overt manifestations may emerge only after the marriage; and it must be incurable or even if it were otherwise, the cure would be beyond the means of the party involved."[31] Anacleto insists that Linda's psychological incapacity warrants the nullification of their marriage. His assertions remain hinged on the findings of Dr. Lopez who found Linda to be afflicted with "Narcissistic Personality Disorder with Borderline Personality Disorder Features," characterized by a "pervasive pattern of grandiosity and lack of empathy[,] x x x instability of interpersonal relationship[s] x x x and marked impulsivity."[32] He also stresses that according to Dr. Lopez, Linda's disorder can be traced back to her "psychologically unhealthy childhood."[33] Hence, contrary to the lower courts' findings, Anacleto argues that Dr. Lopez's findings sufficiently show that Linda's incapacity is grave, permanent, incurable and has juridical antecedence.[34] The Court disagrees. As stated, Anacleto's arguments stem from the findings of Dr. Lopez which, in turn, are based on interviews he conducted with Anacleto, his secretary Marife and the parties' family driver, Ronilo.[35] In turn, Dr. Lopez based his findings on the factors which purportedly confronted Linda during her childhood. As narrated in Dr. Lopez's Judicial Affidavit: 20. [Question]: You said that [Linda] is suffering from personality disorders. What were the root causes of these? [Answer]: The root cause of such could be traced back to her psychologically unhealthy childhood due to her pathogenic family. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65268 5/6

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