CHANGING RULES | SC considers psychological incapacity a legal concept, not medical, in nullifying marriage

May 12, 2021 , 06:27 PM

(May 12, 2021) – Expert testimonies from medical professionals may no longer be necessary as evidence to prove psychological incapacity as grounds for the nullification of marriage, according to a Supreme Court ruling made public only on Wednesday, categorizing it as a legal concept.

The ruling would make it easier for couples seeking to nulling their marriages based on the grounds of psychological incapacity but there is no immediate available data on how many marriages in the country have been invalidated since the Family Code was passed.

In a unanimous decision, the high court has modified the legal interpretation of requirements necessary to nullify marriages based on a person’s psychological incapacity as provided for under the Family Code.

“The Court pronounced that psychological incapacity is not a medical but a legal concept,” the high court’s statement said.

“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.”

The ruling was made after the court decided the case of Tan-Andal v Andal. The decision was made during an en banc session on Tuesday.

Associate Justice Marvic Leonen, who wrote the decision and was concurred by the other justices, has to release a full copy of the landmark ruling.

Under Article 36 of the Family Code, marriage could be nullified if one of the two parties “was psychologically incapacitated to comply with the essential maritime obligations of marriage” even when it only manifested after the solemnization of marriage.

There are stringent rules that apply to prove one’s psychological incapacity, requiring the opinion of psychologists and psychiatrists to establish the medical condition which should have existed at the time of marriage celebration.

The new decision is expected to slightly ease the requirements that spouses need to fulfill in seeking to nullify their marriage.

“It need not be a mental or personality disorder. It need not be a permanent or incurable condition,” the court statement said. “Therefore, the testimony of a psychologist or psychiatrist is not mandatory in all cases. The totality of evidence must show clear and convincing evidence to cause the declaration of nullity of marriage.”

Annulment and nullification were just two of the available remedies for spouses to void their marriage since divorce was still an unavailable option in the country.

Congressmen have continued their discussions on passing a divorce law but the proposed measure has yet to reach the plenary deliberation.

(Beatrice Puente/MM)

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