THE PLAINTIFF BEARS THE BURDEN OF PROVING PSYCHOLOGICAL INCAPACITY:

     Psychological incapacity contemplates “downright incapacity or inability to take cognizance of and to assume the basic marital obligations”; not merely the refusal, neglect or difficulty, much less ill will, on the part of the errant spouse. The plaintiff bears the burden of proving the juridical antecedence (i.e., the existence at the time of the celebration of marriage), gravity and incurability of the condition of the errant spouse. (Republic of the Philippines vs. Cesar Encelan, G.R. No. 170022, January 9, 2013, Brion, J.)