Marriage annulment made easier
THE Supreme Court (SC) revised the requirement of psychological incapacity as a ground for declaration of nullity of marriage under Article 36 of the Family Code of the Philippines.
Based on Article 36 of the Family Code, marriages shall be void from the beginning if one of the parties was psychologically incapacitated to comply with the essential marital obligations of marriage.
It can also be considered void even if the incapacity manifests after the wedding.
In the case of Tan-Andal v. Andal, the SC en banc on Tuesday ruled that “psychological incapacity is not a medical but a legal concept. It 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. Therefore, the testimony of psychologist or psychiatrist is not mandatory in all cases. The totality of the evidence must show clear and convincing evidence to cause the declaration of nullity of marriage,” the SC added.
Senior Associate Justice Marvic Leonen wrote the unanimous decision after several concurring opinions were submitted.
