ELEMENTS OF PSYCHOLOGICAL INCAPACITY

Article 36 of the Family Code governs psychological incapacity as a ground for declaration of nullity of marriage. It provides that "a marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization."

In interpreting this provision, we have repeatedly stressed that psychological incapacity contemplates "downright incapacity or inability to take cognizance of and to assume the basic marital obligations";²¹ not merely the refusal, neglect or difficulty, much less ill will, on the part of the errant spouse.²² 

 The plaintiff bears the burden of proving the

1. juridical antecedence (i.e., the existence at the time of the celebration of marriage), 

2. gravity and 

3.incurability of the condition of the errant spouse.²³