HOW THE STATE OF BEING NON-PROCREATIVE DESTROYS THE

BOND OF MARRIAGE

A Term Paper in Persons and Family Relations Law

Submitted by:

Ciara Angela Lademora 1-E

Submitted to:

Atty. Anfred Panes

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 Marriage is eternal. Well, it used to be eternal. As time goes by,
people's approach on marriage become liberal. Because of this kind of
approach and legal remedies available for the dissolution - marriage
nowadays does not last for a lifetime. Marriage requires procreation.
This seems to be the sine qua non of marriage even in some countries
where the definition of marriage has been broadened in ways we
never thought possible. Marriage is a real union of a man and a
woman thus it creates bond extended to their children, uniquely and
physically. A true marital union is an integral phase of a lifetime
journey and not just an occasional day trip. Wedding vows simply
build a promise to protect the marriage and the family it creates, but
the important aspect of marriage is the fulfillment of both parties of
their marital obligations to last the bond of marriage as family is
considered as the basic social institution of the society. Now, lets
settle the issue on how ones state of being non-procreative destroys
the bond of marriage.

It is fascinating to witness a ceremonial wedding and hear

marital vows- a vow promising for forever union. However marriage is
not absolute, there are many legal remedies available to end
marriage. A void marriage is that which is not valid from its inception.
The Family Code provides for the grounds to declare the marriage

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void upon judicial declaration as such.1 Article 36 of the Family Code
states that a marriage contracted by any party who, at the time of the
celebration, was psychologically incapacitated to comply with the
essential marital obligations of marriage, shall likewise be void even if
such incapacity becomes manifest only after its solemnization.2
Psychological Incapacity has not been defined by the law. The
determination is left solely to the courts on a case-to-case basis. Each
case must be judged, not on the basis of a priori assumptions,
predilections or generalizations but according to its own facts.3

Procreation defines and fulfills marriage. Marriage is defined as

the union of a man and a woman and procreation is the end of
marriage. The marital commitment of a man and a woman as what
mostly claimed is consummated by a single purpose and that is to
fulfill the behavioral conditions of procreation. Evidence is in Gods
blessing, Be fruitful and multiply. The procreative purpose of
marriage, which by natural law is its primary end, is especially
neglected. Some married couples plan from the outset never to have
children, denying an essential property of marriage (openness to
fertility) that is required for it to be validly contracted. Procreation is
considered to be an essential obligation in marriage. According to St.

1
Article 35, Family Code of the Philippines
2
Article 36, Family Code of the Philippines
3
Republic v. Dagdag, G.R.No.109975,Febreuary 9, 2001; Aurelio v. Aurelio, G.R.No. 175367,June 6, 2011

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Augustine, the procreation of children is the first and natural and
lawful reason for marriages.4 Marriage brings together men and
women for the natural reproduction of the human race- thats the
procreation part. Children being the fruits of procreation may save
their parents marriage as their custody and welfare are very important
factors to consider by both parties before filling a petition for
declaration of nullity of marriage.

It can be now inferred that procreation is vital in marriage as it

compels a marital obligation for both parties. We may also conclude
that failure to perform this obligation will destroy the wholeness and
integrity of the very purpose of marriage. Some marriages break up
because couples have an unclear idea what marriage is all about. They
tend to be too emotional to handle their emotions and senseless
when they take actions. They tend to be forgetful of the vows they
uttered and neglects their marital duties. Married couples forgot why
marriage exists and why it requires commitment. When you are no
longer happy with your marriage, you cannot just simply leave your
conjugal dwelling and neglect your marital obligations without first
securing a judicial declaration annulling or nullifying your marriage.

It is said that non-procreation destroys the bond of marriage,

but what is non procreation anyway? Non procreation is defined as

4
https://www.catholic.com/magazine/print-edition/the-purpose-of-marriage

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the constant refusal of either or both parties to comply with the
essential marital obligations although he, she or they are physically
capable of performing such obligations. Such incapacity is not less
mental and not physical as well, but the act of being ungrateful to
perform your marital duties either as a husband or a wife. Constant
refusal of the wife or the husband to engage in a sexual intercourse by
purposes of procreation though they are both capacitated to perform
is a sign of psychological incapacity and such incapacity is a ground to
file for the nullity of marriage. In the case of Chi Ming Tsoi where the
ground of psychological incapacity under Article 36 was invoked to
nullify a marriage and where evidence showed that the spouses did
not engage in sexual intercourse, the Supreme Court ruled that such
absence of a finding as to the one who refused to have sex is
immaterial because the action to declare a marriage void may be filed
by either party even the psychologically incapacitated one. The
honorable court decided that one of the essential marital obligations
under the Family Code is to procreate children based on the universal
principle that procreation of children through sexual cooperation is
the basic end of marriage. Constant non-fulfillment of this obligation
will finally destroy the integrity or wholeness of the marriage.5 Justice
Caguioa stated during the committee deliberations relative to this

5
Chi Ming Tsoi v. Court of Appeals, 78 SCAD 57,266 SCRA 324

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particular topic, psychological incapacity solely refers to the lack of
appreciation of ones marital obligation.6 Psychological incapacity
does not refer to mental faculties and has nothing to do with consent;
it refers to obligations attendant to marriage.7

Undeniably, the purpose of marriage is companionship, love and

support for each other and procreation and as much as possible the
state favors the sacredness of marriage but some marriages are
judicially declared null and void on the ground of psychological
incapacity for the reason that such marriage does not serve the very
purpose why such marriage was contracted in the first place. It is
indeed immature to contract a marriage and to constantly refuse to
perform your marital obligations when in fact you are capacitated to
do so. It is but just to nullify a marriage if the very purpose of marriage
is disregarded. Non pro creation as a psychological incapacity is a
valid ground. How can you live with your spouse who cannot perform
or intentionally disregards his or her marital obligations? When
spouses constantly refuse to comply with their marital duties as
regards to their married life is not the type of marriage ought to be
protected by the state. Therefore I give emphasis that non-procreation
is no joke as it breaks the bond that connects between spouses and so
we must be all guided how important marriage is and the obligations

6
Justice Caguioa (Minutes of Civil Code Revision Committee Meeting of August 9, 1986)
7
Minutes of the 148th Joint Civil Code and Family Law Committees. July 26, 1986, page 10.

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that comes along with it. We should always defend its wholeness and
integrity.