SC changes ‘psychological incapacity’ from medical to legal concept

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MANILA, Philippines – The Supreme Court has modified the concept of “psychological incapacity” from a mental or personality disorder to a legal ground for nullifying a marriage under the Family Code.

A unanimous decision made public Wednesday said testimony from a psychologist or psychiatrist is no longer required in all cases covered by Article 36 of the Family Code.

Article 36 of the Family Code provides 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.”

Psychological incapacity, according to the high court “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. The totality of the evidence must show clear and convincing evidence to cause the declaration of nullity of marriage,” the high court in its decisions in the case of Tan-Andal vs. Andal, G.R. No. 196359. The decision is written by Associate Justice Marvic Leonen.

A declaration of nullity of marriage is based on eight grounds, not just psychological incapacity.

A marriage that is declared null and void from the start is considered to never have been married. This is in contrast to a marriage that is valid until it is declared void by the court

As of February 2021, records from the Office of the Court Administrator showed that there are a total of 12,605 pending cases seeking the nullity or annulment of marriage.

On the other hand, 4,954 cases for the dissolution of marriage were resolved by various courts including by the Shariah Circuit Courts (SHCC)

Meanwhile, there are 178 pending cases in lower courts for legal separation while 72 cases have been decided as of February 2021.

The Supreme Court designated 68 trial courts as family courts in 2000 to hear and decide cases for annulments, nullity of marriages, property disputes, petitions for dissolution of conjugal partnerships of gains, support and/or acknowledgment, among others.

Family courts were designated to implement the provisions of Section 17 of Republic Act No. 8369, otherwise known as the Family Courts Act of 1997.

abc