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Republic of the Philippines vs. Cruz [CONCURRING OPINION, LEONEN, J.]

REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. LIBERATO P. MOLA CRUZ, RESPONDENT.

G.R. No. 236629 | 2018-07-23

CONCURRING OPINION
 
LEONEN, J.:

I concur. The marriage between Liberato P. Mola Cruz (Liberato) and Liezl (Liezl) Conag is void due to psychological incapacity.

To recall, this Court first interpreted Article 36 of the Family Code in the 1995 case of Santos v. Court of Appeals.[1]In Santos, this Court outlined the history of Article 36, noting that the term "psychological incapacity" was not defined in the law "to allow some resiliency in its application."[2] The Family Code Revision Committee gave no examples of psychological incapacity to prevent "[limiting] the applicability of the provision...