The Supreme Court on Wednesday unanimously modified the interpretation of psychological incapacity as a ground for annulment under Article 36 of the Family Code of the Philippines.
In the case of Tan-Andal v. Andal, G.R. No. 196359, the SC en banc ruled that “psychological incapacity is not a medical but a legal concept It refers to a personal condition that prevents a spouse to comply with fundamental marital obligations only in relation to a specific partner that may exist at the time of the marriage but may have revealed through behavior subsequent to the ceremonies.”
”It need not be a mental or personality disorder. It need not be a permanent and incurable condition. Therefore, the testimony of psychologist or psychiatrist is not mandatory in all cases. The totality of the evidence must show clear and convincing evidence to cause the declaration of nullity of marriage, ” the SC said.
“The full opinion will be uploaded to the SC website once the PIO receives an official copy,” it said.
SC modifies interpretation of psychological incapacity as ground for annulment
Before the revision, the Supreme Court defined psychological incapacity under Article 36 of the Family Code as a “serious psychological illness” afflicting a party even before marriage, adding it is grave and permanent as to “deprive one of awareness of the duties and responsibilities of the matrimonial bond one is about to assume.”
Married couples are obliged to live together, observe love, respect and fidelity, as well as render help and support as provided under Article 68 of the Family Code.
There are proposed bills seeking to introduce absolute divorce and dissolution of marriage in the Philippines are filed in Congress.
Currently, the Philippines and the Vatican are the only two sovereign states in the world that still prohibit divorce.
An annulment invalidates a marriage because of fraud, impotence, mistaken identity, or being under the legal age to marry. Although Filipino law permits annulments, the legalities are lengthy, pricey, and tedious.
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