Question

Civil

Marilou and Renato married in 2016. After several years of marriage, Marilou filed a petition for declaration of nullity on the ground of Renato's psychological incapacity under Article 36 of the Family Code (FC). In support of her petition, Marilou presented the testimony and written report of a clinical psychologist who assessed Renato's psychological condition based on interviews with Marilou and their two children, collateral information gathered from Renato's family members and coworkers, and a review of records submitted by Marilou. Renato refused to submit to any psychological examination throughout the proceedings. Renato opposed the petition on two grounds: first, that the psychologist's report is inadmissible and insufficient because Renato was not personally examined by the expert; and second, that psychological incapacity under Article 36 of the FC must be a clinically diagnosable mental or personality disorder recognized by established psychological science. The Regional Trial Court dismissed the petition on the basis of both arguments. Is the Regional Trial Court's dismissal correct under prevailing jurisprudence? (Bar 2026 Syllabus)

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