| Front | b) The petitioner filed a petition for declaration of nullity of marriage based allegedly on the psychological incapacity of the respondent, but the psychologist was not able to personally examine the respondent and the psychological report was based only on the narration of petitioner. Should the annulment be granted? Explain. (5%) |
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| Back | SUGGESTED ANSWER: The annulment cannot be granted solely on the basis of the psychological report. For the report to prove the psychological incapacity of the respondent, it is required that the psychologist should personally examine the respondent and the psychological report should be based on the psychologist's independent assessment of the facts as to whether or not the respondent is psychologically incapacitated. Since, the psychologist did not personally examine the respondent, and his report is based solely on the story of petitioner who has an interest in the outcome of the petition, the marriage cannot be annulled on the ground of respondent's psychological incapacity if said report is the only evidence of respondent's psychological incapacity. |
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