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NOTES ON PSYCHOLOGICAL INCAPACITY

Art. 36 of the Family Code.

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. (As amended by EO No. 227)

PSYCHOLOGICAL INCAPACITY DEFINED

Psychological or mental impotency to discharge the essential obligations of marriage may be made to manifest:

1. By the refusal of one party to dwell with the other after the marriage ceremony, without fault of the other party; or 2. By the refusal or inability of the party primarily obligated to give support to the other or to their common children through causes other than his or her voluntary intent, desire or laziness; or 3. When either party or both of them labor under an affliction that makes common life as husband and wife impossible or unbearable, such as compulsive gambling or unbearable jealousy or other psychic or psychological causes of like import and gravity.

Examples of psychological incapacity by Nolledo. The following are examples given by Nolledo: 1. retardates 2. epeliptics 3. highly immature individual

4. habitual quarrelsome persons who think of themselves as kings to be served and therefore highly self-conceited; 5. persons who refuse to abide by established norms of conduct and imagine to live in a world different from that of normal individuals 6. persons who desire and practice excessive sexual intercourse like men who suffer from satyriasis or women who are nymphomaniac 7. other psychic anomalies

No example on psychological incapacity given by the Committee who drafted the Family Code.

The Committee who drafted the Family Code would like the judge to interpret the provision on a case-to-case basis, guided by experience, the findings of experts and researchers in psychological disciplines and by decisions of church tribunals, which, although not binding on the civil courts, may be given persuasive effects since the provision was taken from the Canon Law.

Specific guidelines in interpreting and applying Art. 36 (Molina vs. Molina G.R. No. 108763, February 13, 1997)

1. The burden of proof to show nullity of the marriage belongs to the plaintiff and any doubt must be resolved in favor of the existence of marriage and against its nullity.

2. The root cause of the psychological incapacity must be: a.) medically or clinically identified, b.) alleged in the complaint, c.) sufficiently proven by experts, and d.) clearly explained in the decision.

3. Incapacity must be proven to be existing at the time of the celebration of the marriage, although the manifestation need not be perceivable at such time.

4. Such incapacity must also be shown to be medically or clinically permanent or incurable, although the incurability may be relative only in regard to the other spouse, not necessarily absolutely against everyone of the same sex. Furthermore, the incapacity must be relevant to the assumption of marriage obligations, not to those not related to marriage like the exercise of profession or employment in a job.

5. Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage.

6. The essential marital obligations must be those embraced by Articles 68 to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the same code in regards to parents and their children. Such non-compliance must also be stated in the petition, proven by evidence and included in the text of the decision.

7. Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling for decisive, should be given great respect by our courts.

8. The trial court must order the fiscal and the Solicitor General to appear as counsel for the state. No decision shall be handed down unless the Solicitor General issues a certification, which will be quoted in the decision, briefly stating therein his reasons for his agreement or opposition, as the case maybe, to the petition. The Solicitor General, along with the prosecuting attorney, shall submit to the court such certification within fifteen (15) days from the date the case is deemed submitted for resolution of the court.

Pertinent Provisions in Family Code relating to Psychological Incapacity

Art. 68

The essential marital obligations are principally set forth in Art. 68 of the Family Code, which provides: The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support.

Art. 69

The husband and wife shall fix the family domicile. In case of disagreement, the court shall decide.

The court may exempt one spouse from living with the other if the latter should live abroad or there are other valid and compelling reasons for the exemption. However, such exemption shall not apply if the same is not compatible with the solidarity of the family.

Art. 70

The spouses are jointly responsible for the support of the family. The expenses for such support and other conjugal obligations shall be paid from the community property and, in the absence thereof, from the income or fruits of their separate properties. In case of insufficiency or absence of said income or fruits, such obligations shall be satisfied from their separate properties.

Art. 71

The management of the household shall be the right and duty of both spouses. The expenses for such management shall be paid in accordance with the provisions of Article 70.

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