Psychological Incapacity and Annulment

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.

Tags: annulment