http://jlp-law.com/blog/guidelines-psychological-incapacity-article-36-family-code/ Philippine laws and legal system (JLP LAW blog) Sat, 22 Nov 2008 09:36:19 +0000 http://wordpress.org/?v=2.5.1 http://jlp-law.com/blog/guidelines-psychological-incapacity-article-36-family-code/#comment-11147 abcdef Thu, 01 May 2008 09:36:39 +0000 http://jlp-law.com/blog/guidelines-psychological-incapacity-article-36-family-code/#comment-11147 Good pm attorney. I would like to ask if my reasons are enough grounds for filing a legal separation. I am 23 yrs of age and my husband is 24. We already have a kid. Even before we got married he is physically and verbally abusing me. His family also doesn't like me. They fabricate stories that worsen the situation. My husband also keeps on saying that he doesn't love me any longer. Would that be a ground for psychological incapacity? Do you think I will have a good case? Hoping that you can help me from my problem. Thank you so much. Good pm attorney. I would like to ask if my reasons are enough grounds for filing a legal separation. I am 23 yrs of age and my husband is 24. We already have a kid. Even before we got married he is physically and verbally abusing me. His family also doesn’t like me. They fabricate stories that worsen the situation. My husband also keeps on saying that he doesn’t love me any longer. Would that be a ground for psychological incapacity? Do you think I will have a good case? Hoping that you can help me from my problem. Thank you so much.

]]> http://jlp-law.com/blog/guidelines-psychological-incapacity-article-36-family-code/#comment-11030 pinoydad.com » Blog Archive » The Irony of Love and Annulment Mon, 17 Mar 2008 07:49:31 +0000 http://jlp-law.com/blog/guidelines-psychological-incapacity-article-36-family-code/#comment-11030 [...] 2. Realize that it will cost you. Getting out of marriage is sometimes more expensive than getting into one. Expenses include the fees for your lawyer or counsel, filing fees, professional fees for the psychiatrist or psychologist (if the ground is psychological incapacity), etc. [...] [...] 2. Realize that it will cost you. Getting out of marriage is sometimes more expensive than getting into one. Expenses include the fees for your lawyer or counsel, filing fees, professional fees for the psychiatrist or psychologist (if the ground is psychological incapacity), etc. [...]

]]> http://jlp-law.com/blog/guidelines-psychological-incapacity-article-36-family-code/#comment-10913 » The Irony of Love and Annulment Love mismo: Love in a world of cynics. Tue, 11 Mar 2008 13:23:38 +0000 http://jlp-law.com/blog/guidelines-psychological-incapacity-article-36-family-code/#comment-10913 [...] 2. Realize that it will cost you. Getting out of marriage is sometimes more expensive than getting into one. Expenses include the fees for your lawyer or counsel, filing fees, professional fees for the psychiatrist or psychologist (if the ground is psychological incapacity), etc. [...] [...] 2. Realize that it will cost you. Getting out of marriage is sometimes more expensive than getting into one. Expenses include the fees for your lawyer or counsel, filing fees, professional fees for the psychiatrist or psychologist (if the ground is psychological incapacity), etc. [...]

]]> http://jlp-law.com/blog/guidelines-psychological-incapacity-article-36-family-code/#comment-10785 Annulment in the Philippines: Questions and Answers (Part 3) at Philippine e-Legal Forum Tue, 29 Jan 2008 02:47:30 +0000 http://jlp-law.com/blog/guidelines-psychological-incapacity-article-36-family-code/#comment-10785 [...] If my spouse is confined to a mental hospital for years now, can I use that as a ground for annulment? Insanity is a ground for annulment, but it must be shown to be existent at the time of marriage (and, besides, it is subject to ratification by cohabitation). It could also be used to support the ground of psychological incapacity, but such must also be shown to be existent at the time of marriage and must appear to be incurable (among other requirements). Please note, however, that insanity is not synonymous with psychological incapacity. [...] [...] If my spouse is confined to a mental hospital for years now, can I use that as a ground for annulment? Insanity is a ground for annulment, but it must be shown to be existent at the time of marriage (and, besides, it is subject to ratification by cohabitation). It could also be used to support the ground of psychological incapacity, but such must also be shown to be existent at the time of marriage and must appear to be incurable (among other requirements). Please note, however, that insanity is not synonymous with psychological incapacity. [...]

]]> http://jlp-law.com/blog/guidelines-psychological-incapacity-article-36-family-code/#comment-8481 Costs in seeking an annulment at Philippine e-Legal Forum Fri, 20 Jul 2007 05:54:34 +0000 http://jlp-law.com/blog/guidelines-psychological-incapacity-article-36-family-code/#comment-8481 [...] I have to write this post because there’s a report that the Supreme Court is considering an accreditation system for psychiatrists and psychologists who examine couples seeking to annul their marriages. The report and testimony of psychiatrists and psychologists are needed should a petitioner seek a declaration of nullity based on Article 36 of the Family Code (Psychological Incapacity). [...] [...] I have to write this post because there’s a report that the Supreme Court is considering an accreditation system for psychiatrists and psychologists who examine couples seeking to annul their marriages. The report and testimony of psychiatrists and psychologists are needed should a petitioner seek a declaration of nullity based on Article 36 of the Family Code (Psychological Incapacity). [...]

]]> http://jlp-law.com/blog/guidelines-psychological-incapacity-article-36-family-code/#comment-8100 Psychological Incapacity and Annulment at Atty-at-Work Sun, 17 Jun 2007 04:40:35 +0000 http://jlp-law.com/blog/guidelines-psychological-incapacity-article-36-family-code/#comment-8100 [...] The guidelines in the interpretation and application of Article 36 are discussed at the Philippine e-Legal Forum. Technorati Tags: annulment, divorce, philippines, psychological incapacity [...] [...] The guidelines in the interpretation and application of Article 36 are discussed at the Philippine e-Legal Forum. Technorati Tags: annulment, divorce, philippines, psychological incapacity [...]

]]> http://jlp-law.com/blog/guidelines-psychological-incapacity-article-36-family-code/#comment-6616 Atty. Fred Mon, 04 Jun 2007 09:37:06 +0000 http://jlp-law.com/blog/guidelines-psychological-incapacity-article-36-family-code/#comment-6616 nylever, I'm terribly sorry if I can't be of any help. Fact is, you have a lawyer, and it is unethhical to second-guess the decision of your lawyer on this matter. Nevertheless, why don't you discuss with your lawyer that since there's no default in this kind of cases, perhaps you can still try to raise this matter. nylever, I’m terribly sorry if I can’t be of any help. Fact is, you have a lawyer, and it is unethhical to second-guess the decision of your lawyer on this matter. Nevertheless, why don’t you discuss with your lawyer that since there’s no default in this kind of cases, perhaps you can still try to raise this matter.

]]> http://jlp-law.com/blog/guidelines-psychological-incapacity-article-36-family-code/#comment-5208 nylever Sat, 26 May 2007 13:48:21 +0000 http://jlp-law.com/blog/guidelines-psychological-incapacity-article-36-family-code/#comment-5208 gud pm atty. My husband file the petition of annulment on grounds of psychological incapacity, i received the petition last march 27 and failed to make a reply we had our pre tial hearing last may 10 and was given another 15 days to reply because i oppose his petition. i was also given a pao lawyer, the judge found out that my husband and i still living together by the way he file the case in Imus Cavite he is using the address of the room he rented somewhere in cavite but all his billing statement address in our house in Mandaluyong the judge told him that it is only his physical residence. I have problem now and may i request a reply as soon as possible, my lawyer and i want to file a motion to dismiss because of the jurisdiction. She was too busy to attend on some of her cases i am jobless my lawyer want me to have my psychological evaluation done, but i dont have the money to pay the psychologist. Is it necessary to have this evaluation done for filling for motion to dismiss, its seem we have no time left and she told me that she is going to file for motion to admit because we run out of time, am going back and forth there. could you help me on this, what shall i do, is there any other option for me. thanks REV gud pm atty.
My husband file the petition of annulment on grounds of psychological incapacity, i received the petition last march 27 and failed to make a reply we had our pre tial hearing last may 10 and was given another 15 days to reply because i oppose his petition. i was also given a pao lawyer, the judge found out that my husband and i still living together by the way he file the case in Imus Cavite he is using the address of the room he rented somewhere in cavite but all his billing statement address in our house in Mandaluyong the judge told him that it is only his physical residence. I have problem now and may i request a reply as soon as possible, my lawyer and i want to file a motion to dismiss because of the jurisdiction. She was too busy to attend on some of her cases i am jobless my lawyer want me to have my psychological evaluation done, but i dont have the money to pay the psychologist. Is it necessary to have this evaluation done for filling for motion to dismiss, its seem we have no time left and she told me that she is going to file for motion to admit because we run out of time, am going back and forth there. could you help me on this, what shall i do, is there any other option for me.
thanks
REV

]]> http://jlp-law.com/blog/guidelines-psychological-incapacity-article-36-family-code/#comment-376 Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers at Philippine e-Legal Forum Thu, 11 Jan 2007 09:25:04 +0000 http://jlp-law.com/blog/guidelines-psychological-incapacity-article-36-family-code/#comment-376 [...] 9. Psychological Incapacity. Psychological incapacity, which a ground for annulment of marriage, contemplates downright incapacity or inability to take cognizance of and to assume the basic marital obligations; not a mere refusal, neglect or difficulty, much less, ill will, on the part of the errant spouse. Irreconcilable differences, conflicting personalities, emotional immaturity and irresponsibility, physical abuse, habitual alcoholism, sexual infidelity or perversion, and abandonment, by themselves, also do not warrant a finding of psychological incapacity. We already discussed the guidelines and illustrations of psychological incapacity, including a case involving habitual lying, as well as the steps and procedure in filing a petition. [...] [...] 9. Psychological Incapacity. Psychological incapacity, which a ground for annulment of marriage, contemplates downright incapacity or inability to take cognizance of and to assume the basic marital obligations; not a mere refusal, neglect or difficulty, much less, ill will, on the part of the errant spouse. Irreconcilable differences, conflicting personalities, emotional immaturity and irresponsibility, physical abuse, habitual alcoholism, sexual infidelity or perversion, and abandonment, by themselves, also do not warrant a finding of psychological incapacity. We already discussed the guidelines and illustrations of psychological incapacity, including a case involving habitual lying, as well as the steps and procedure in filing a petition. [...]

]]> http://jlp-law.com/blog/guidelines-psychological-incapacity-article-36-family-code/#comment-64 Philippine e-Legal Forum » Blog Archive » Steps and Procedure in Annulment and Declaration of Nullity of Marriage Sat, 30 Sep 2006 07:00:43 +0000 http://jlp-law.com/blog/guidelines-psychological-incapacity-article-36-family-code/#comment-64 [...] 2. Realize that it will cost you. Getting out of marriage is sometimes more expensive than getting into one. Expenses include the fees for your lawyer or counsel, filing fees, professional fees for the psychiatrist or psychologist (if the ground is psychological incapacity), etc. [...] [...] 2. Realize that it will cost you. Getting out of marriage is sometimes more expensive than getting into one. Expenses include the fees for your lawyer or counsel, filing fees, professional fees for the psychiatrist or psychologist (if the ground is psychological incapacity), etc. [...]

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