LOUELLA O. JANDA ATTY. TJ OROSAJD I-A CONSTITUTIONAL LAW II

REACTION PAPER REGARDING THE LECTURE ON PSYCHOLOGICAL INCAPACITY AS A GROUND FOR DECLARATION OF NULLITY OF MARRIAGE by JUSTICE PRISCILLA J. BALTAZAR-PADILLA of Court of Appeals

The lecture held last Friday, April 10, 2015, at the College of Law regarding the new jurisprudence of the Supreme Court in which it discusses psychological capacity as a ground for declaration for nullity of marriage is a big help to the students of New Era University, most especially to the future bar takers.The college administrations effort to conduct such lecture was not put in vain since a lot of students probably have learned and gained new knowledge and shed light to our clouded minds regarding the said relaxation of the Supreme Court regarding the use of psychological incapacity as a ground for nullity of marriage. Not just that, it also informed those who do not yet know about the said jurisprudence, just like me. To be honest, I really dont have any idea that there is already a new jurisprudence about that and Im really glad and thankful that the College put an effort to let us know the new jurisprudence. I know, as a student and a future lawyer, we should be abreast with the law and its new jurisprudence but lets face it, not everyone is capable of doing so. Some may be busy with work or busy reading cases assigned by their professors for recitation that they forget to turn on the radio, watch the television or even read newspaper. I know it is wrong since we have the responsibility to keep in touch with the real world and what is happening as of the moment but its the reality. That is why I, as a student who slacks off keeping in touch with the news and new jurisprudence, am really thankful for such lecture. It dawned on me that I should do my homework double time so that I can keep in touch with whats new in the field of law.I have learned a lot in the said lecture and the ruling of the Supreme Court amazes me so much that it makes me want to know more about the law because I know that those knowledge that I have garnered will be put into use not only in the practice of law but also in giving advice as an individual.In the said lecture, I have learned that the Supreme Court did not abandon its previous ruling in the case of Republic of the Philippines vs. Molina, or to simply put, the Molina Doctrine still remains. In the recent case of Valerio Kalaw vs. Elena Fernandez, the SC here still applied the Molina Doctine and all the guidelines which have been settled in the said case. The only difference in this recent case why the ground of psychological incapacity was accepted by the Court is due to the facts and the evidence presented by both counsel wherein the medical expert they presented interviewed or examined both parties which produce a balance and more valid examination which is more acceptable to the Court.