The legal system in the Philippines particularly Article 36 of the Family Code provides that a marriage may be declared void on the ground of psychological incapacity. While psychological and/or medical examination by an expert witness of the spouse concerned is no longer required as courts may rely on the totality of evidence to sustain a finding of psychological incapacity, the Philippine courts still find the testimony of an expert witness admissible in the granting of annulment or determination of criminal liability of either spouse.
As a practicing psychologist in the Philippines, I present 2 of my recent cases where my clients have to be evaluated in answering the forensic question: Given the alleged marital abuse committed by their respective spouses, how did such abuse affect their psychological states and behavioral dispositions? In my presentation, I will demonstrate in reasonable detail how: (1) available psychological tests in the Philippines may aid in the determination of psychological abuse; (2) the nuances of conducting assessment procedures, like the ones conducted for annulment, given that the Philippines is historically patriarchal and religious; and (3) above and beyond assessment, treatment considerations are advanced given that most of those who seek for annulment on the basis of abuse are psychologically embattled.