characteristics of judicial incapacity

In Santos v. Court of Appeals,¹⁰ the Court declared that psychological incapacity must be characterized by

 (a) gravity, 

(b) juridical antecedence, and 

(c) incurability.¹¹ 

 It should refer to "no less than a mental, not physical, incapacity that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage."¹² The intendment of the law has been to confine the meaning of "psychological incapacity" to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage.¹³