Article 36 of the Family Code of the Philippines is the most commonly used ground for declaring a marriage void. It states that a marriage may be declared void if one party was psychologically incapacitated to comply with the essential marital obligations at the time of marriage. This guide explains what psychological incapacity means and how it is proven in court.
What is Psychological Incapacity?
The Supreme Court has clarified in several cases (including the landmark case Santos v. Court of Appeals and Republic v. Molina) that psychological incapacity refers to a serious personality disorder that makes a person unable to fulfill essential marital obligations such as:
- Living together as husband and wife
- Observing mutual love, respect, and fidelity
- Supporting each other financially and emotionally
- Raising and caring for children
How to Prove Psychological Incapacity
The petitioner must present:
- Psychological evaluation by a licensed psychologist or psychiatrist
- Testimony of witnesses who can attest to the incapacity
- Evidence of the root cause — the incapacity must be rooted in the party’s personal history, not just incompatibility
- Proof that it existed at the time of marriage — the incapacity must have been present during marriage, even if it manifested later
What is NOT Psychological Incapacity
The Supreme Court has clarified that the following are NOT grounds under Article 36:
- Irreconcilable differences
- Jealousy or possessiveness (without a diagnosed disorder)
- Simple incompatibility or “falling out of love”
- Financial irresponsibility (without pathological roots)
The Guideline Case: Tan-Andal v. Andal
In the 2021 case of Tan-Andal v. Andal, the Supreme Court En Banc relaxed the strict requirements of Molina, stating that psychological incapacity need not be a mental illness but must be a “psychological condition” that incapacitates a person from complying with marital obligations. This has made it somewhat easier to obtain a declaration of nullity.
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Disclaimer: This article is for general information only and is not legal advice. Consult a qualified lawyer for your specific situation.