Concern:
A woman from Tacloban has been separated from her husband for over 20 years. She intends to file for nullity of marriage on the grounds of "psychological incapacity." She has had no contact with him during this time but recently learned that he resides in Cebu. She also seeks guidance on how to file via the Public Attorney’s Office (PAO), as she lacks online access.

∇ Legal Contemplator

Initial Observations

The case involves psychological incapacity, which is a ground for nullity of marriage under Philippine law (Article 36 of the Family Code). The woman’s long separation from her husband (over 20 years) might strengthen her case but does not, in itself, constitute sufficient legal grounds for annulment or nullity. Psychological incapacity requires specific legal standards and evidence. The PAO provides free legal assistance to eligible individuals, making it an accessible route for filing such cases.

Breaking Down Psychological Incapacity

Definition
Psychological incapacity refers to the inability of one or both spouses to fulfill the essential marital obligations due to a psychological condition. The Supreme Court of the Philippines has emphasized that such incapacity must:
- Exist at the time of marriage.
- Be serious, incurable, and proven through expert testimony (e.g., psychologists or psychiatrists).
- Be rooted in the personality disorder of the incapacitated spouse.
Challenges in Proving Psychological Incapacity
- Lack of Direct Contact: Since the couple has been separated for over two decades, proving psychological incapacity could be challenging. The absence of interaction limits opportunities to observe behaviors indicative of psychological incapacity.
- Witness Testimonies: Friends or family members who can testify about the husband’s behavior during the marriage might be crucial.
- Expert Involvement: A licensed psychologist or psychiatrist must evaluate the case and submit findings as evidence.

Eligibility for PAO Assistance

PAO provides free legal services to indigent clients. To qualify, the applicant must demonstrate financial incapacity. Documents such as an indigency certificate or proof of income may be required.

Step-by-Step Process

Initial Consultation with PAO
- Action: Visit the nearest PAO office in Tacloban. Bring valid ID, marriage certificate, proof of separation (if available), and any documents related to financial status (e.g., income statements or indigency certificate).
- Expected Outcome: PAO lawyers will assess the case, determine eligibility, and provide guidance on psychological incapacity filings.
Preparation of Evidence
- Gather Testimonies: Identify and interview witnesses who can testify about the husband’s behavior during the marriage.
- Obtain Expert Analysis: PAO may coordinate with a psychologist or psychiatrist to evaluate and provide a clinical report on the psychological incapacity.
Filing the Petition
- Action: File a petition for nullity of marriage in the Family Court with jurisdiction over Tacloban or the last known residence of the husband (Cebu).
- Requirements: Include the psychologist’s report, affidavits from witnesses, and all relevant documents.
Service of Summons to the Husband
- Since the husband resides in Cebu, serving the summons may involve additional logistical steps. The court will require confirmation that the respondent has been duly notified.

Exploring Uncertainties

Financial Status of the Client
- If the client does not qualify for PAO assistance, alternative legal aid organizations or private lawyers may be necessary. Would this create additional barriers for the client?
- How can affordability be addressed if PAO assistance is denied?
Location of the Husband
- The client has no contact with her husband and limited information about his whereabouts. Will the court accept indirect means of serving the summons (e.g., publication)?
Expert Testimony
- What if the PAO lacks access to a suitable psychologist or psychiatrist?
- Could the client independently secure the services of a mental health professional if required?

Points of Revision and Dead Ends

The question of financial eligibility for PAO assistance is critical. Without knowing her exact income status, the plan remains speculative.
The separation period (20 years) cannot be conflated with psychological incapacity. It’s tempting to rely on the long separation to argue incapacity, but courts are strict about requiring evidence of a psychological condition.

Resolution Path

The woman should:

Consult PAO: Begin with an evaluation of her financial eligibility and the legal merits of her case.
Gather Evidence: Secure testimonies, relevant documents, and, if possible, information on the husband’s mental state during the marriage.
Prepare for Summons Issues: Explore alternative means of notifying the husband, including publication.
Engage Expert Help: Collaborate with the PAO to secure an expert report or independently arrange for one.

Final Answer:
To file for nullity of marriage due to psychological incapacity:

Visit the nearest PAO office with valid identification, proof of marriage, and financial status documents.
Work with PAO lawyers to file the petition and coordinate with a psychologist/psychiatrist for an expert report.
Ensure the husband is served summons, even if alternative methods like publication are required.
If PAO assistance is unavailable, explore legal aid organizations or private counsel.