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
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RTC granted a favorable decision on my petition for annulment last march. last week, we received an Motion of Reconsideration from the SolGen. My grounds was psychological incapacity. They wanted the case dismissed for lack of merit. What are the chances that the Court upholds the RTC decision? Most of the decisions i read from the net dismissed the petition for annulment. Is this appeal of the Solgen tantamount to dismissal of the case and they are only prolonging my agony in the process?
PVC, the SolGen is entitled to seek a reconsideration of the decision. It’s not tantamount to a dismissal, because it is still to be resolved by the court. Good luck.
I am a filipino citizen(who resides here in Us)married to a Filipino who is a US citizen. He abandoned us since 1999 (and never came back) when i told him that i am going to file a divorce. I did filed for a divorce in 2004… I came to know that the divorce is not recognized in the Phils., thr/ yoru blogs, so meaning I am still the legal wife even though we are separated apart from each other since 1999. He did marry there in the Phils. after he received my divorce paper. He went to the US embassy and get a “legal capacity to get married”. sure enough, he did get married. So now, is that marriage legal?
Unfortunatley, he died on July 24, 2006. We went home and attended his funeral. Between the woman and myself, she did not share us any information about the property or whatever inheritnace my children would have. We should actually be a part of their discussions on who gets who. The elder sister of my husband is the one administrating the whole thing in between. There are family issues and feud before. So what is legal here? I am still confused. where do I go to ask for help? any specialized atty. you can suggest for me and children to go to? thank you!
good day! i filed an annulment since jan. 2006. the sad part is, the case was dismissed to think that the other party didnt show in the hearings, but still the case was dismissed. is that possible?the other party also wants to be annulled. despite of the dismissal, we filed a motion for reconsideration and the pscyhiatrist was cross-examined and now we are waiting for the continuation of the cross examination.i judge also pertains to ferraris vs. ferraris case.i would like to know if my case has a strong possibility to grant my annulment?i already sacrificed and spend alot in this case. please help me. is there hope in my case?
Problematic, the non-appearance of the other party – and even the agreement of the other party – is not a guarantee that the court will grant the petition. The State is under obligation to make sure that there is no collusion between the parties and that the grounds invoked are indeed true. I’m terribly sorry that I can’t possibly say whether your case has a strong possibility of turning in your favor. I don’t have all the facts and, more importantly, this is something that the court has to determine. Besides, this question is properly addressed to your lawyer, who is in the best position to tell you the chances.
atty at work
my question i left the philippines since 1995,i left my ex to be seperated,i have work in singapore for almost 8 year,i cannot apply for divorce or annulment in 1990 because i dont know what to do i dont have money to pay for the expenses,im working now and obtain my citezenship and denounce my filipino citezenship as a filipino do i have a chance to apply for divorce or dissolving my marriage to him??
i was only 17 when we got married my father gave his consent but i never grew up with my father i have 2 children which i am the sole provider he didnt look after the children it’s my in-laws who look after my 2 children now they are both in 20′s they are still living seperately with their father as it their choice i still provide for my kids and not having any contact with him whatsoever,i’ve a battered wife but i never complained to the law i still have my scar in my right eyebrow he hit me in the door i didnt go to the hospital becuase my inlaw stopped me and i’m still very innocent because i’m only seventeen,he tried to molest my sister because she lived with us before she is in america now but her marriage was damage with her second husband i want to free myself from my marriage with him but i dont know how to,i need your help and advised
atty,i need your advised i have my citenship in the uk but still i’m always afraid of going home in the philippines because i am afraid of himhe swear to my relatives that he will do something bad if he sees me can i apply for a annulment we haven’t been together for 12 years now and never see each other he is living with another woman for 5 years now,i need your advise if possible to obtain an annulment
Maria, I’m sorry to hear about your predicament. It’s something that, unfortunately, is being repeated so many times. I’m also sorry but I can’t give you any legal advice because I’m ethically prohibited from doing so. Still, I believe you’ll get you answers from this article (as well as the related articles):
Annulment in the Philippines: Questions and Answers (Part 1 and Part 2)
I wish to ask a question regarding the grounds for annulment of marriage. Does putting the husband in an embarrasing situation constitute a ground for anuulment? Will it be classified under psychological incapacity? Like for example, one time I was in a meeting in our office, I received an emergency call from our house and only to find out that she has been arrested for ESTAFA and I had to bail her out. Then there was one instance that I got a call from my old bank, only to find out that a cheque was issued as a payment for my children’s tuition fee and it is being encashed, so I have to rush to the bank and to the school to bail her out again..these are only some of the instances that I have been put into an embarrassing situation by my wife. Thanks.
Jonathan,
Putting the other spouse in an embarassing situation, by itself, is not a sufficient ground for annulment.
atty pls advise me
atty i need your advised,im 25yrs old at kasalukuyang nagtratrabaho sa japan as a domistic helper,atty hniwalayan po ako ng asawa ko sa kdahilan na ayw na daw sakin tama ho ba yun na sya pa mismo ang nagfile ng anulment?as of now my communication pa po kmi,ng tumawag po sya sa akin na sbhin nagfile na daw po sya at need nya ang cooperation ko at sya nrin dw ang bhala sa lhat ng ggastusin,in ader words may kabit po sya,may anak po kming isa at sa ngyon ay nsa poder ng nanay ko,matgal na po syang may girl sa hrap po ng buhay nmin nun dko sya maidemanda,at ngyon sya pa po ang may lakas ng loob na magdemanda sa akin,at nanakot kung d daw ako magbbgay ng authorized pra sa cnsbi nyang atty,ilalayo daw po nya ang anak ko at may masamang mangyyari sa pamilya.atty anu ho ba ang dpat kong gwin nsa rtc na daw po ang case ko,pls help me…
atty,if ever na ayaw ko pong maki cooperate sa husband ko sa sinasbi nyang annulment case may posibilidad ho bang magranted?at makakasuhan ba ako?
atty, separated na kmi ng wife ko for 8 years. My asawa na syang iba ngayon at my dalawang anak.Gusto ko na rin mag-asawa. What would be the possible grounds for filing an annulment?