Among the grounds for annulment of marriage (annulment is different from divorce), psychological incapacity is the most commonly used. It is also one of the more controversial provisions of the Family Code (Article 36).
Psychological incapacity contemplates downright incapacity or inability to take cognizance of and to assume the basic marital obligations; not a mere refusal, neglect or difficulty, much less, ill will, on the part of the errant spouse. Irreconcilable differences, conflicting personalities, emotional immaturity and irresponsibility, physical abuse, habitual alcoholism, sexual infidelity or perversion, and abandonment, by themselves, also do not warrant a finding of psychological incapacity.
In a recent case, the Supreme Court sustained the nullity of the marriage based on the psychological incapacity of the wife. As concluded by the psychiatrist presented by the husband, the wife’s repeated lying is abnormal and pathological and amounts to psychological incapacity. (Antonio vs. Reyes, G.R. No. 155800, 10 March 2006)
In contrast, the wife tried to show in another recent case that her husband, a Japanese, failed to meet his duty to live with, care for and support his family. He abandoned them a month after the marriage. The wife sent him several letters but he never replied. He made a trip to the Philippines but did not care at all to see his family. The Supreme Court said that it’s not enough to prove that a spouse failed to meet his responsibility and duty as a married person; it is essential that he must be shown to be incapable of doing so due to some psychological, not physical, illness. It would have greatly helped the wife’s case had she presented evidence that medically or clinically identified his illness. This could have been done through an expert witness. (Republic vs. Quintero-Hamano, G.R. No. 149498, 20 May 2004)
The guidelines in the interpretation and application of Article 36 are discussed at the Philippine e-Legal Forum.
Related Posts:- Annulment in the Philippines: Questions and Answers (Part 3)
- Questions and Answers: Annulment in the Philippines (Part 4)
- The irony of love and annulment (steps and procedure for annulment)
- Cost and expenses in seeking Annulment
Tinkering with internet tools comes with the bonus of better understanding how existing laws apply to the third wave - that of technology, particularly the internet. This is also a great medium to disseminate and discuss ideas across borders, time, color or creed. 
Loading ...
Rey,
The grounds for annulment are discussed here (you’ll notice that contracting another marriage is not one of them). I obviously can’t say what ground applies to your situation because: (1) I don’t know the facts; and (2) even if you tell me here, I’m prohibited from giving any legal advice in the absense of an attorney-client relationship.
Karn,
You have to appear (or be represented by counsel) in court to protect your interests. Good luck.
Pingback: Cost and expenses in seeking Annulment at Atty-at-Work
i got married last oct. 7,2004.my husband is a seaman, abroad. He left the country of oct. 11, 2004. he seldom calls me, maybe because he just got on board. months later, i was wondering why he never called me anymore and i wasnt able to receive any support from him. 5 months had past till i decided to write a letter to his agency asking for help for support from my husband. When his (my husband) attention was being called by the agency, he immdiately sent me $200, equivalent to P10,000.00 or more. It was the first time i received money from him. June 2005, his contract ended and went home. he called me up, informing that he’s home. Instead of going home to my house where he left me, he went home to their house. Weeks after, i was surprised, he filed an anulment for not complying all what he wanted me to do while he is out of the country. During his 2months of stay, we tried to settle and fix things out.
Then, he filed to dismiss the annulment case, realizing that he was wrong with it. Then it came that he has his new contract and has to leave the country again. At that time, i was one of the allottees already. he gave P15,000.00 pr month.it was better then. on the next contract, he gave more or less P25,000.00. but at the middle of his contract, he called his agency to stop my allotment because i had a misunderstanding with his family. Because of that, i again wrote a letter to his agency. Last year, before he was given another contract, his agency aske for a memorandum of agreement between me and my husband regarding allotment. on that same year, i filed an annulment case for psychological incapacity. and in the agreement, it stated there, that he’ll be supporting me till the annulment is granted. He again finished his contract last jan 2008. At the end of Jan 2008, he again signed another contract but he had not included me in his allottes considering that we have an agreement.i filed a case against my husband -support pandente lite-. the day when the case was filed was also the day he was reminded of the moa, then he made a promisory note to include in his allottees. because of the case i filed, his contract was cancelled and will not be able to sign another contract till the problem be resolved. he keeps on telling me that iwe dont have a child, that why i cant oblige him for support. and since i filed an anullment, does it mean that i am no longer entitled for his support?
Hi Marie.
How much ang nagastos mo sa pag-file ng case? we almost have the same case.Kaya lang ako ngayon ko pa lang nae-experience and di ko pa alam ang gagawin ko.
Good day sir,
My case was been threatened to be dismissed because of my lawyer’s failure to submit the memorandum on time. We asked for another extension for 5 days, sad to say, my lawyer failed again to do whats been required. Will my case be dismissed automatically? Is there something that i can do against my lawyer if worst comes to my case because of his failure to do so? I always make a follow up to make the memorandum yet he always promise me that he will do it yet nothing happens.
Please give a little inputs
atty,pls. advise me. i hav a bf right now for 2 years.married sya for 2 years na din. ikinasal lng sila bec. of the child and after the kasal on that day, naghiwalay din sila. what is the best way po para ma annul agad sila kasi we’re planning to get married. tnx po and more power.c”,)
magandang hapon po!gusto ko lang pong itanong kiung ano pong case ang puede ko isampa sa asawa ko,nag abroa po xa sa Qatar at ngayon nand2 na po sa pinas,di na po xa umuwi sa min ng mga anak ko.Ayaw ko na sana xang makabalik pa sa Qatar o makaapply sa sa ibang bansa,dahil kmi naman ang nahihirapan ng mga anak ko humingi ng sustento.Yung kinakasam po nya may asawa di at 3 anak.Ayoko na po na sila pa ang makinabang sa kinikita ng asawa ko kasal po kmi.Gusto ko po mag file ng kaso sa kanya di ko alam kung ano po yung tama.Buntis na po yung kabit nya ngayon at nagsasama na po sila.Pls!advice me po.
Atty.gusto ko ipaglaban ang karapatan ko bilang legal na asawa.Matapang pa po sa kin yung kabit ng asawa ko.At kahit nagttxt kmi ng mga anak di sinasagot ng asawa ko mahirap din po sya makausap sa telepeno.Bilang ina po ng mga anak ko ayaw ko nakikitang lagi umiiyak mga anak ko.Nand2 na po sya sa pinas pero di man lang po nya mabigyan ng oras yung mga anak ko para dalawin kmi at makipag-usap sa kin ng maayos.Pangalawa na po nya itong kabit.Ngayon po nasa malayo cla.Gusto ko po maparusahan ang asawa ko sa lahat ng ginawa nya sa amin ng mga anak ko.Sobra po kmi nasasaktan ngayon.di na rin po ako makapagtrabaho ng maayos na dedepress po ako palagi gusto ko po ng hustisya.Pls!help me advice me.
hi! i’ve got a huge problem and i hope you can help me. i badly need your advice. i’ve been married for almost 5 yrs. now. i have a daughter who’s only 8 mos. old. my husband is not a good provider, in fact umaasa lang sya sa amin ng mom ko. when i was pregnant until i gave birth he did not share w/ the expenses. my mom and i were the ones who shouldered the expenses. even until now; the milk and diapers of my baby are being supplied by my mom. there are a lot of things that we argue about. lately, we hardly speak. he doesn’t have time for me and my baby. he started working just recently and i had to quit my job to take care of my baby. we are being neglected. marami pang ibang issues sa amin. walang ibang importante sa kanya kundi sarili nya at tatay nya. during the 1st 4 years of our marriage ako at pamilya ko ang bumubuhay sa kanya. akala ko pag nagkaanak na kami magbabago na sya. i was wrong. can i use Psychological Incapacity as ground for annulment? matagal ko na po iniisip makipaghiwalay, nuon pa dapat. pls help me. thanks a lot.
hi ask q lng po.. yun bf q po kasal sya ng 3yrs, naging kame po ng hindi ko alam n may asawat anak sya. iniwan nya yung asawat anak nya dahil sakin. ngayon po gusto sana nmin mgpakasal.. mgkanu po ba yun cost ng annulment and gano katagal yun. please help me.. thank you po..
@ aiz,
Before thinking of marrying ur bf who is married, why not think off concubinage? I wonder why women like u wreck a family and have the guts to ask for that question..
Hi Atty.
Gusto ko po sana malaman if talagang pwede ako maghabol sa allotment ng asawa ko.Seaman kasi siya.May babae though wala akong material proof-tru txt lang.Pinapaalis na niya ako sa bahay namin & sabi niya anak lang namin susuportahan niya at di niya ako bibigyan ng allotment.Karapatan ko po yun di ba?Ano ang gagawin ko.Malapit na siyang umalis pabalik sa barko.
paano ang process na gagawin ko para maipaglaban ang karapatan kong makuha ang monthly allotment gaya ng dati.Dati pa nga kahati ko pa mama niya pero ok lang since ok naman kami.Pero ngayon dapat hindi na.
Sana makapag-reply kayo sa email ko.thank you
@ maricel. you go to poea, ask for their assistance on your husband’s support.
@ aiz. i think you should be more concern about your bf being prosecuted for concubinage including you.
Dear Atty. Fred,
Good day.
Fixer po ang gumawa ng marriage ko, wala pong actual ceremony na nangyari pero dahil po me kakilala sa munisipyo ang foster mother ng husband ko, nai-rehistro po ito sa munisipyo at sa NSO na rin po. Fabricated po ang mga contents ng marriage contract namin. Pirma lang po namin ng husband ko ang totoo. Me nakalagay ding marriage license number, na-issue din the same day ng marriage ko. He was 23 and I was 21. Dahil po me anak na kami noon, gusto ng foster mother niya na makasal kami. Magagamit ko po ba itong grounds para ma-nullify ang marriage ko? Ano pong mga hakbang ang gagawin ko para mapatunayang walang kasalang naganap. 9 years na kaming hiwalay ng asawa ko, balak ko po kasing ipawalang bisa ang kasal namin. Pwede po ba ang grounds na nabanggit ko. Bukod pa po dun, immature pa kami nun, marami pong away na nangyari. Ano po ba ang mas naaayon na ground na gamitin ko. Kailangan ko po ng advise Atty. dahil gusto ko na talagang mag-file sa madaling panahon.
Asahan ko po ang sagot niyo. Pagpalain po kayo. maraming salamat.
Good Day,
Just call me Gwen ( not my real name) male and 38 years old working as an OFW. Almost 4 years na po kami kasal ng wife ko pero di pa po kami nabiyayaan ng anak. May mga differences po kami and most of the time ako po ang laging nagpapasensya just to save our marriage, in other words mataas po ang ego ng misis ko. May bipolar po sya at may suicidal dentencies which after our wedding days ko lang nalaman dahil pinagtapat po niya. Ang hindi ko lang po matanggap sa aking asawa ay kung kami ang magkakaroon ng pagtatalo ay madalas ang pagbibitiw niya ng mga masasama at masasakit na salita laban sa aking na halos ako po ay parang nakapatay na ng tao, gayong sa aming pagsasama po ay ni minsan ay hindi ko po sya nagawang pagsalitaan ng masasakit na salita. Ang masakit po nito ay kung kami ay magaaway ay lagi po niyang sinasaktan ang kanynag sarili sa pamamagitan ng paglalaslas ng pulso o di kaya naman ay pagsaksak sa kanyang sarili. Ako po ay natatakot baka kung ano pa po ang kaya o mas higit gawin ng aking asawa. Pwede po ba akong mag file ng psychological incapacity for marriage annulment? Pagpayuhan nyo po ako.
Regards and God Bless you always,
Respectfully yours,
Gwen