The Court in the case of Tan-Andal v.
Andal modified the interpretation of the requirements of
psychological incapacity as a ground for declaration of nullity of marriage found in Art. 36 of the
family code.1
Comparison of Republic v. CA & Molina and Tan-Andal v. Andal
Republic v. CA and Molina
1. The burden of proof to show the
nullity of the marriage belongs to
the plaintiff;
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. The incapacity must be proven to be
existing at “the time of the
celebration” of the marriage;
4. Such incapacity must also be shown
to be medically or clinically
permanent or incurable. Such
incurability may be absolute or even
relative only in regard to the other
spouse, not necessarily absolutely
against everyone of the same sex;
5. Such illness must be grave enough
to bring about the disability of the
party to assume the essential
obligations of marriage. In other
words, there is a natal or
supervening disabling factor in the
person, an adverse integral element
in the personality structure that
effectively incapacitates the person
from really accepting and thereby
complying with the obligations
essential to marriage; and
6.  The existence or absence of the
psychological incapacity shall be
based strictly on the facts of each
case and not on a priori
assumptions, predilections or
generalizations.2
1
https://saklawph.com/psychological-incapacity/
2
https://dailyguardian.com.ph/may-a-petition-for-nullity-of-marriage-that-was-denied-be-refiled/
3
https://sc.judiciary.gov.ph/20821/
Tan-Andal v. Andal
1. Molina, however, is silent on what
quantum of proof is required in
nullity cases. Andal Case hold that
the plaintiff-spouse must prove his
or her case with clear and
convincing evidence;
2. The Court now categorically
abandons the second Molina
guideline. Now, psychological
incapacity is neither a mental
incapacity, not a personality
disorder that must be proven
through expert opinion. That a
medical examination of the person
concerned need not be resorted to.
Instead, the Court in Andal case
said, "the totality of evidence
presented is enough to sustain a
finding of psychological
incapacity.”;
3. That the psychological incapacity
contemplated in Article 36 of the
Family Code is incurable, not in the
medical, but in the legal sense;
4. It need not be a mental or
personality disorder.
5. It need not be a permanent and
incurable condition. 
6. the testimony of psychologist or
psychiatrist is not mandatory in all
cases; and
7. The totality of the evidence must
show clear and convincing evidence
to cause the declaration of nullity of
marriage. 3