- No holds barred
(Last of two parts)
THE Supreme Court in the very recent case of Tan-Andal v. Andal facilitates the nullification of marriage based on psychological incapacity of a spouse under Art. 36 of the Family Code, which originated from Canon law. It unanimously reinforces and clarifies that psychological incapacity is a not a medical but a legal concept. Consequently, the testimony of a psychologist or psychiatrist is not always mandatory. This appears to presage the reinstitution by the Congress of absolute divorce which likewise liberalizes the dissolution of marriage under specific grounds through an inexpensive and expeditious judicial proceeding.