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that you take the test prior to the filing of the Petition.
Q. I am planning to file an annulment case on the ground of the
psychological incapacity of my husband. The lawyer that I have
contacted over there told me that I can already receive the decision
after five (5) to eight (8) months. But I dont remember him
mentioning about psychological report. Do I have reason to be
suspicious?
GTALAW: Every lawyer has its own style in handling the case. We are not at
liberty to comment about it. But for your information, the Supreme Court
has already set guidelines in proving a case for a petition for nullity of
marriage on the ground of psychological incapacity.
We would like our web audience to be informed about these guidelines
which are as follows:
1. The burden of proof to show nullity of the marriage belongs to the plaintiff
and any doubt must be resolved in favor of the existence of marriage and
against its nullity.
2. The root cause of the psychological incapacity must be:
a. medically or clinically identified;
b. alleged in the complaint;
c. sufficiently proven by experts; and
d. clearly explained in the decision
3. Incapacity must be proven to be existing at the time of the celebration
of the marriage, although the manifestation need not be perceivable at such
time.
4. Such incapacity must also be shown to be medically or clinically
permanent or incurable, although the incurability may be relative only in
regard to the other spouse, not necessarily absolute against everyone of the
same sex. Furthermore, the incapacity must be relevant to the assumption
of marriage obligations, not to those not related to marriage like the exercise
of profession or employment
in a job.
5. Such illness must be grave enough to bring about the disability of the
party to assume the essential obligations of marriage.
annulment petition is one year and six months to two years depending on
the availability of witnesses and the courts trial dates. The case would take
longer if the Petition is contested meaning the other spouse is interposing
an opposition. Custody of children and property issues are also known
factors that cause delay. There are also factors outside of our control that
cause delay like unexpected postponements of trial due to sickness of
thejudge or the prosecutor; retirement of the judge or postponements due
to inclement weather.
Q. Am I required to appear in every Court hearing?
GTALAW: No, you are not. As petitioner, you are only required to appear
during the pre-trial conference and during your scheduled testimony in
Court.
Q. How many witnesses do we need to present in Court in order to
prove my case?
GTALAW: We need to present you as our principal witness, the
psychologist/psychiatrist as expert witness to prove the psychological
incapacity; one or two more witnesses who have personal knowledge of your
marital relations and who can affirm your story.
Q. My husband and I are planning to file the petition jointly. Will this
help expedite my case?
GTALAW: Your case will be dismissed by the Court. The New Rule says that
the petition can only be filed solely by the husband or the wife. Besides, this
is a clear evidence of collusion oragreement of the spouses to annul their
marriage, which is a ground to dismiss the petition.
Q. The public prosecutor summoned me to appear for investigation
regarding the annulment case which I filed earlier? What is this
investigation all about? Can I just send my lawyer instead?
GTALAW: This investigation is usually conducted by the prosecutor to find
out if there was an agreement or collusion between the spouses to annul
their marriage. This happens especially in
uncontested petitions when the respondent spouse did not submit his/her
Answer to the petition despite receipt of the Court Summons.
If you are in the country, I suggest that you attend the investigation
together with your lawyer. During our early years of practicing Family Law,