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“annulled” by the government forward the ground of

Psychological Capacity in “Psychological incapacity” on the part of either or both


spouses.
Philippine Marriages: A

S
eparation, annulment or declaration of
Review nullity of marriage can only be based on
By: Resci Angelli Rizada, Mymannah Lou Dimacaling grounds stated by law. The Family Code
Ellaine Solano and Stephen Valderrama
liberalized to a certain extent these grounds
by providing for psychological incapacity as
a ground for the declaration of nullity of a marriage.
However, the Family Code did not provide for a
definition of the concept of psychological incapacity
nor any examples to illustrate the concept.

Y
ES. There seems to be a problem since the lack
of definition may be broadened to encompass
P any and all circumstances of incompatibility of

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the spouses and allow the judges too much discretion
erhaps, being the only predominantly to determine when declaration of nullity by virtue of
Catholic country in Asia, the Philippines psychological incapacity is applicable. In this view,
does not have a “no-fault” and problems arose with regards to its application and
‘uncontested’ divorce to put a formal end to marital interpretation, leading to many misapplications.
relationships. Many couples around the world have this

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dream of becoming one body, heart and soul and such onsequently, the Supreme Court has clarified
dream will only become a reality when two persons the nature of psychological incapacity based on
unite as one in marriage. However, In the recent years, the intention of its framers, in the context of
the view of most couples on the standards and Canon Law and on its clinical definition. The judicial
requisites of marriage have become too ideal, interpretation and construction given to the concept is
demanding and complicated that has left families and hereby re-examined and substantially defined
couples broken. They commit to marriage without
having the right reasons and knowing its real essence.
It is an open secret that practically all marriages
ow must we understand it then? The closest we got
are the pronouncements of the Supreme Court in Case of Molina provides the guidelines.
several cases.
1. The burden of proof to show the nullity of the
marriage belongs to the plaintiff. Any doubt
Incapacity is MENTAL not physical. should be resolved in favor of the existence and
continuation of the marriage and against its
dissolution and nullity.
Psychological incapacity is defined as “no less than a 2. The root cause of psychological incapacity must
mental (not physical) incapacity that causes a party
be
to be truly incognitive of the basic marital covenants
that concomitantly be assumed and discharged by a. Medically or clinically identified,
the parties to the marriage which as so expressed by b. Alleged in the complaint,
Article 68 of the Family Code, include the mutual c. Sufficiently proven by experts and
obligations to live together, observe love, respect
d. Clearly explained in the decision.
and fidelity and render help and support.
Psychological incapacity means that it exists in a 3. The incapacity must be proven to be existing at
person suffering from psychological problems or “the time of the celebration” of the marriage.
issues that prevent him or her from complying with or 4. The incapacity must also be shown to be
fulfilling essential marital obligations, where there is medically or clinically permanent or incurable
no cure and the incapacity was already there even 5. Such illness must be grave enough to bring
before the marriage was celebrated. about the disability of the party to assume
essential obligations of marriage.

N ullity of marriage is grounded on three 6. The essential marital obligations must be those
characteristics. embraced by articles 68 up to 71 of the Family
Code as regards the husband and wife as
(a) gravity, (b) juridical antecedence, and (c) incurability. Articles 220, 221 and 225 of the same code in
regard to parents and their children.
7. Interpretations given by the National Appellate
The condition must be grave enough that it renders a
matrimonial tribunal of the Catholic Church in
person incapable of carrying out the normal and
the Philippines while not controlling or decisive
ordinary duties of marriage as well as family life
should be given great respect by our courts.
compared to the average couple under ordinary
8. The trial court must order the prosecuting
circumstances; where there is no cure and the
attorney or fiscal and the Solicitor General to
incapacity was already there even before the marriage
appear as counsel for the state.
was celebrated.
Acts in Although the husband failed to
provide material support and
resulted to physical abuse and
A psychological examination is not a
condition sine qua non for
declaration. Well considered opinions of
such

psychiatrists, psychologists and persons with expertise


in psychological disciplines might be helpful or even
abandonment, the totality of his desirable. The New Rule now provides that “expert
acts did not lead to psychological opinion need not be alleged” in the petition as well
incapacity. as the root cause of the psychological incapacity. Only
totality must be sufficient to constitute experts in the fields of neurological and behavioral
psychological incapacity. sciences are competent to determine the root cause of
psychological incapacity.

C Ourt’s application of Article 36 applies on


mixed marriages.

In proving psychological incapacity, we find no


distinction between an alien spouse and a Filipino
spouse. We cannot be lenient in the application of
the rules merely because the spouse alleged to be
psychologically incapacitated happens to be a

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roof of incapacity must be rooted on a foreign national. The medical and clinical rules to
debilitating psychological condition. The determine psychological incapacity were formulated
Supreme Court in Ferraris v. Ferraris has ruled on the basis of studies of human behavior in
that, “respondent’s alleged mixed personality disorder, general.
the “leaving-the-house” attitude, violent tendencies
during epileptic attackts, sexual infidelity,

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abandonment and lack of support, and his preference f a petition is filed, to be given due course,
to spend more time with his band mates than his the gravity, root cause and incurability of the
family, are not rooted on some debilitating condition psychological incapacity must always be
but mere refusal or unwillingness to assume the proved. Even if the Molina doctrine was never meant
essential obligations of marriage. to be a checklist of requirements in deciding on cases
involving Article 36, gravity, root cause and incurability
of the party’s psychological incapcity and its existence
at the inception of marriage cannot be dispensed with.

THe CONSTITUTION itself speaks.

The Constitution sets out a policy of protecting and strengthening the family
as the basic social institution and marriage as the foundation of the family.
Marriage, as an inviolable institution protected by the State, cannot be
dissolved at the whim of the parties.

Y ou should always remember this: Any doubt


should be resolved in favor of the existence
and continuation of the marriage and against
its dissolution and nullity. Although law is the state’s
response towards the preservation of the family, one
thing is sure – only love can make a marriage work. It
may not be necessarily the love for each other
anymore. Oftentimes, the love of parents of their
children is worth the sacrifice if only to breed the next
generation of a good and successful family.   

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