*The only way to dissolve marriage is thru court
Family Code action or grounds prescribed by law. *
Transcription
Bhen ft. The Raisins
EO 209 – Issued by Corazon Aquino on Aug 3,
1988
Art 1 – Definition of Marriage –special contract
of permanent union between a man and a
woman entered into in accordance with the law
for the establishment of conjugal and family life.
It is the foundation of the family and an
inviolable social institution whose nature,
consequences, and incidents are governed by
law and not subject to stipulation, except that
marriage settlements may fix the property
relations during the marriage within the limits
provided by this Code. We can infer that
Marriage in our jurisdiction is both a status and
contract.
As status – it entails rights and obligation which
are personal to both parties (ie mutual support,
love, respect and fidelity and obligation to live
together) which can only be imposed and availed
of by parties.
As a contract – it is a special contract between a
husband and a wife and the third invisible party,
the state. It is imbued with public interest. Its
nature, consequences and incident are governed
by law and not like ordinary contracts which are
dictated by the parties. The obligations of
marriage can’t be restricted or bargained.
Except: The property relations
*Any practice or stipulation between parties (ie.
While living separately from each other and both
allowed themselves to find other partners and
seek to get their subsequent relationships
notarized) can’t be recognized before the court.
This is against “incidents and consequences
governed by law and not subject to stipulations”
and that “marriage is a permanent union.”*
Why is divorce not allowed in the Philippines?
It is because divorce is premised on the
policy that marriage is purely private affair
between two parties. If they are free to enter
marriage, they are free to leave it as well. Again,
marriage in Phil is not subject to stipulation or
agreements between two parties instead it is
imbued with public interest and divorce is
dissolving marriage base on agreement of the
parties.
Art 2 – 2 Essential Requisites
1. Legal capacity to contract marriage
Age (18 and above)
Sex (Art 5) must be a male and
female
Absence of legal impediments
on both or either of the
contracting parties (ie. Art 37-
incestuous marriage, Art 38- if
against public policy, Art 40 – no
court declaration of nullity of
previous marriage hence
bigamous, Art 53 – void because
of noncompliance of Art 51 and
52, the previous marriage is void
due to Art 40 or annulled in Art
45.
What are the requirements if the marriage is
void under Art 40 or annulled under Art 45?
Dissolution of property legitimes,
liquidation, partition and distribution of
properties to parties and delivery of presumptive
legitimes to the common children.
*If not complied or carried out and parties
contract another marriage, the marriage is void
according to Art 51 and 52 (partition and
delivery of properties must be recorded in the Formal Requisites;
appropriate local civil registrar)*
Authority of Solemnizing Officers –
Sex requirement; male and female those authorized by law as enumerated in Art 7.

But how do we determine the sex of an 1. Incumbent members of

individual? judiciary within the court’s
jurisdiction. Resigned and
A. Thru birth. This is immutable.
terminated judges can’t
solemnize marriage.
(Romel Silverio vs Republic)
Solemnization must be
Romel feels and acts like a woman, within the court’s
taking advantage of the advancement of jurisdiction where our
technologies, he went to Thailand to courts are allotted with
undergo sex reassignment. He went respective jurisdiction;
back to Philippines and filed an action in Lower courts such as the
court to change his gender from female regional, city and municipal
to male and name from Romel to Melly. trial courts have limited
But according to SC, sex is determined at jurisdiction where judges
birth by examining the physical genetalia can solemnize marriage in
of the newborn baby. their own courts only while
the higher courts such as
*But the SC points out that they cannot grant the supreme court, court of
relief that Silverio is wanting because there is no appeals, court of tax appeals
law that grants such. Meaning, the problem can and sandiganbayan, their
be solved thru legislation* jurisdiction is national in
B. When classified as intersex, the scope, they can solemnize
individual can choose which gender he marriage anywhere in the
wishes to be identified upon reaching Philippines.
the age of 18. 2. Priest, rabbi, imam,
minister – provided they’re
(Jennifer Cagandahan vs Republic) authorized by their church
Jennifer is intersex. According to SC, or religious sect, duly
when the individual is intersex, he is left accredited by the civil
with the choice to choose which sexual registrar general, acting
preference he wishes to be identified within the written scope of
with upon reaching the age of majority. authority given to them by
The court granted his wish to change his their respective church and
name from Jennifer to Jeff and his sex religious sect and at least
from female to male. one of the contracting
parties belongs to the
2. Consent Freely Given church of the solemnizing
officer.
*Members of judiciary and those of the religious
sect can solemnize not just ordinary marriages
but also marriages in articulo mortis.*
3. Ship captain or airplane
chief – can solemnize only
marriage in articulo mortis
between passengers or
crew members during flight,
while the ship is at sea or
stopover.
What if the chief pilot is a party to the marriage
in articulo mortis?
If the plane has only one pilot (himself)
then there is no way the marriage in articulo
mortis can be done because he is not allowed to
officiate his own wedding. But if there are two
pilots, the chief (at the point of dying) and the
assistant, the latter will take over and act as the
chief pilot and solemnize the marriage in articulo
mortis. This is the same with the situation with a
mayor who is incapacitated or on leave, the vice
mayor acts as the mayor and can solemnize
marriage.
4. Military unit commander –
must be a commission
officer, in the absence of a
chaplain, can solemnize
marriage in articulo mortis
provided it is solemnize
within the zone of military
operation.
*But if he is assigned in Jolo, he shall solemnize
marriage in that area only.*
5. Consul, consul-general or
vice consul – can solemnize
marriage between two
Filipinos inside the
Philippine consular office.
The basis is, the Philippine
consular office abroad is the
extension of Philippine
territory and if a marriage is
solemnized there, it is like as
if it is solemnized in the
Philippines. If done outside
the office, the law enforced
in the country where they
held marriage shall apply.
6. City and municipal mayors
– under RA 7160/ Local
Government Code, art 44
p.18 they can solemnize
marriage. Before the Family
Code, mayors can solemnize
marriage within their
respective local government
units. But when the family
code was enforced, their
authority was removed and
withdrawn until the local
government code took
effect. But this time, they
are not limited in territorial
jurisdiction so they can
solemnize marriage outside
their jurisdiction because
the law doesn’t make any
qualifications. If it was the
intention of the framers to
limit their jurisdiction, it
should have been in the law.
Valid Marriage License – issued by local
civil registrar of the place where at least one the
contracting parties is a resident. The application
for marriage license should be filed separately by
the contracting parties and should go under
oath. There are 10 information concerning the
personal circumstances of the parties that need
to be filled up. Any false narration will give rise
to criminal prosecution.
Other documents required;
Original birth certificate, if none, original
baptismal certificate, if destroyed, lost or the
person in position thereof was unable to provide
a copy despite receipt after 15 days, just submit
a residence cert or cedula or submit testimony of
witnesses who would attest to your name,
residence, age, citizenship and name of parents,
residence, age and citizenship and etc.
Exception of birth or baptismal certs:
When parents of the applicant show up
before the LCR and attest to his age. If
they didn’t, the person, himself, can
show up and hope the civil registrar can
be convinced by looking at his face that
he is already of age.
Parental consent – 18-20 yrs old, if none, it is
voidable under art 45.
Parental advice – 21-25 yrs old, non-submission
will not invalidate the issuance of marriage
license but will be suspended for 90 days from
the expiration of 10 day publication
requirement.
Cert of marriage counselling – 18-25 yrs old,
non-submission will suspend the issuance of
marriage license for 90 days from the expiration
of 10 day publication requirement.
What if both or one of the parties was
previously married, what are the requirements
they need to present?
If both or one of the parties was
previously married, under Art 13, they’re
required to submit the copy of death certificate
if marriage was dissolve by death of the spouse,
divorce decree and decision declaring the
marriage annulled or void if the previous
marriage was dissolved thru court decision or
declaration. But Art 13 applies only to Filipino
citizens.
What if the applicant was a previously married
foreign national?
Instead of submitting the death cert of
his spouse or divorce decree, he can just present
certificate of legal capacity to contract marriage
issued by the foreigner’s consular office in the
Philippines (Art 21).
What about if the party is a stateless individual
or refugee?
Art 21- He should submit an affidavit
stating his circumstances and showing his legal
capacity to contract marriage. But the problem
with the provision is it does not point out what
law determines the stateless person’s capacity
to contract marriage because capacity to
contract marriage is question of law. Nationality
theory can’t be applied and there is also silence
in the provisions of family code so we resort to
public international law’s principle that it is
possible for a person to be without a country
but it is impossible for a person to have no
domicile and that the place can be his
permanent domicile although he is not a citizen
of that country. There is no applicable law that
can determine his personal law and therefore no
law can determine his legal capacity to marry so
we apply the temporary domicile of the person
which if it happens that he is living in the
Philippines, the Philippine law shall apply.
Publication of application for marriage license –
notice shall be posted outside the office in a
conspicuous place for 10 days informing the
public of the impending application of certain
individuals, encouraging the public to report to
the LCR any info that would indicate that any of
the contracting parties is suffering from any legal
impediment.
What should the LCR do upon knowing that one
or both parties have legal impediment?
LCR is ministerial in nature. It is duty
bound to issue marriage license despite the
knowledge that one of the applicant or both of
them are suffering from a legal impediment.
However, the legal impediments shall be noted
and attached in the application and LCR shall
wait for the court to enjoin its office from issuing
the license.
*The marriage license only lasts for 120 days,
after that, when used, the marriage is void. *
Marriages that don’t need marriage license;
1. Articulo mortis – unplanned marriage
hence, no time for application. There
should be an affidavit to be executed by
the solemnizing officer attesting that the
marriage is in articulo mortis and that he
took the necessary steps to ascertain the
age of the parties and absence of legal
impediments.
2. Marriage where parties are from
remote areas where there is no means
of transportation for parties to appear
before the LCR. There should be an
affidavit to be executed by the
solemnizing officer attesting that the
circumstance and that he took the
necessary steps to ascertain the age of
the parties and absence of legal
impediments.
3. Muslim Marriages and other Ethnic
Cultural Minority Marriages. Provided
that it was done according to their
practices.
4. Art 34 – ratification of marital
cohabitation where a man and a woman
living together as husband and wife for
at least 5 years without any legal
impediment. This is to encourage people
who are living together without the
benefit of a sacred marriage. The
framers want to exempt them from
applying marriage license to save them
from shame from the public.
When is the absence of legal impediment
required?
(Dayot vs Dayot)
It is required that the parties live without legal
impediment in that 5 years of cohabitation. They
should be living in exclusivity and continuity.
(Manzano vs Sanchez)
Judge faced administratively complaint for
solemnizing a marriage between two parties
who just executed an affidavit stating that they
were just separated from their spouses hence
suffering from legal impediment. SC ruled that
the absence of legal impediment must be present
at the time of solemnization of marriage.
But it was resolved in (OCA vs Judge Natalio)
Several admin cases were filed against judges
who solemnized marriages between 18 to 20
years old parties who invoked Art 34. In
estimation, the contracting parties were around
13 yrs old when they started cohabitating. Being
still minors, there is legal impediment.
In conclusion, Art 34 must be free from any legal
impediment in the whole 5 years of
cohabitation.
Valid Marriage Ceremony
This is with the appearance of
contracting parties with a personal declaration
that they take each other as husband and wife in
the presence of two witnesses of legal age. Art 5,
the personal declaration should be contained in
the marriage certificate, signed by the parties as
attested by the solemnizing officer.
What if the declaration was made verbally but
they forgot to sign any marriage certificate or
contract?
Absence of marriage contract or
certificate does not invalidate the marriage as
they are only evidentiary in nature. The verbal,
personal declaration is sufficient to comply a
valid marriage.
What if the officiating priest forgot to ask them
if they take each other as husband and wife but
the parties were able to sign the marriage
certificate?
The written personal declaration is
enough. As long as the personal declaration is
made, written or verbally, it is sufficient.
Where is the wedding held?
Depends on who is the solemnizing officer; if
a judge, then in the court, if rabbi, imam or
priest, then in the church.
But there are exceptions to the rule on venue;
1. Articulo mortis – Marriage ceremony
can be done anywhere.
2. If contracting parties are from far areas
and they can’t appear before a church or
court.
3. Upon official writing of request to
solemnizing officer to hold the
ceremony in a place designated by the
parties. But this is still subject to the rule
on jurisdiction. The solemnizing officer
must still have jurisdiction over the place
chosen by the parties.
Effects of absence, defects and irregularity in
the requisites of marriage;
Absence of an essential requisite – void (ie. Art
35- below 18, bigamous and polygamous
marriage, mistake in identity where there is
absent of consent, Art 43 – absence of legal
capacity particularly, legal presence of legal
impediment)
Absence of formal requisites – void (ie. Art 35 –
marriage solemnized by someone who is not
authorized to solemnize such and mistake of law
or if done in bad faith where the parties assume
that a president can solemnize a marriage
because even mayors can but according to the
law, the president can’t.)
Exception to unauthorized officer who
solemnized a marriage (Art 35): If done
in good faith where both or one of the
parties believe that the solemnizing
officer is authorized to solemnize the
marriage, then it is valid.
Defect in the essential requisites – can’t
invalidate marriage but makes it voidable. (ie
Art 45 – no parental consent, insanity as it
diminishes the consent of the party, fraud where
the consent is vitiated where if there is no fraud
he should have not married her, physical
incapacity such as impotency, serious and
incurable disease as it is a defect for one to
perform marital obligations)
Mere irregularity of requisites – do not
invalidate the marriage neither make it
voidable but render criminal, civil or
administrative liability to the one who caused
it. (ie. MTC judge solemnized a marriage out of
his jurisdiction, it is just a mere irregularity)
Art 26 – conflict of laws, rule as to marriage
solemnized abroad.
2 sets of rules that govern marriage solemnized
inside and outside Philippines as contemplated
by art 26.
Rule for marriage solemnized inside PH:
Between two Filipinos – Apply PH Law
Between two foreigners – Apply PH Law
“lex loci celebrationis” rule that PH Law
determines the validity of marriage but
their legal capacity to marry is governed
by their national law as provided in Art
21 Fam Code and Art 15 civil code.
 Between a foreigner and a Filipino –
“lex loci celebrationis” hence, apply PH
Law, but the foreigner’s legal capacity is
governed by his national law.
Rule for marriage solemnized outside PH:
If valid abroad, it’s valid here but there are 7
exceptions to that under Art 35;
p1 – below 18 years old
P4 – bigamous marriage
P5 – mistake in identity
P6 – void marriage pursuant to Art 53
*If marriage is solemnized abroad but without
license and it is valid there, then it shall be valid
here too because marriage license is not among
exceptions of Art 26*
Art 36 – psych incapacity
Art 37 – incestuous marriage
Art 38 – void by reason of public policy
Contrasting Opinions with regard to the
application of Art 26 exceptions:
1. The exceptions of Art 26 apply to all
parties whether Filipino or foreigners.
2. (Paras, Agpalo, Sta Maria) the
exceptions in art 26 are applied only in
so far as the Filipino spouse is concern.
Art 26 regards to status and legal
capacity of the Filipino spouse as we
adhere to nationality theory.
How do we reconcile this?
Between two Filipinos abroad – “lex loci
celebrationis”, if valid there its valid here too
except if it falls in to any of the exceptions.
Marriage by proxy in abroad and is valid there
shall be considered valid here too because it is
not specifically included in the exceptions. But if
done inside PH, then it shall be void since one of
the requirements of marriage is ceremony and it
requires the presence of the parties.
Between two foreigners abroad – on the
premise that the exceptions do not apply to
foreigners, if valid there, it’s valid here. If the
marriage abroad is polygamous and valid there,
Art 26 does not apply since they are not Filipinos.
All the premises in Art 26 do not apply to
foreigners.
Between foreigner and Filipino abroad – “lex
loci celebrationis”. If valid there, then valid here
but the Filipino spouse is covered by the
exceptions. (ie. In HK it is valid to marry at the
age of 15, the Fil is below 18, it is void in PH but
valid for the foreigner and in HK. It’s a hybrid
marriage but it’s legally impossible because
there is no such thing as partly valid or partly
void.
So how should we treat the status of this
marriage?
Some say, if there is the presence of the
exceptions, it is void.
But to Paras, Agpalo & Sta Maria: The
exceptions govern the Fil spouse only. If its
hybrid marriage, the most acceptable
interpretation is that the marriage is valid in
consistence with the PH policy in our jurisdiction
pursuant to the presumption of validity of
marriage.
Sta Maria: Art 35 p1 – below 18 – should not be
applied to foreigners instead, their national law
shall. If 15 is of legal age according to the
national law of the foreigner and he contracted
marriage inside PH, it is valid since we apply his
national law/nationality theory. But when he
contracts marriage in his own country or abroad,
we invalidate the marriage by applying Art 35 p1
to him, creating an absurd situation where he
can’t be recognized of his legal capacity in his
own territory but can when he contracts it inside
our jurisdiction. It’s inconsistent.
*But there is no right or wrong answer in here,
no case like this has been presented before the
court neither were there qualifications provided
in Art 26.*
Art 35, p. 2
The provision is to address the concern raised
from the result of Vando vs Romilo and Pilapil vs
Ibay Zomera;
The alien spouse obtained divorce
decree abroad and returned to PH and
claimed to be the husband of the Fil
spouse as they argued that PH law
doesn’t recognize divorce but SC ruled
that their national law determines their
legal capacity meaning the divorce
decree was recognized. However, there
is an absurd situation that arises from
this, the Fil spouse is still regarded as the
alien spouse’s wife even if the alien
spouse is already considered to be off
the marriage. Hence, the legal capacity
of the alien to remarry shall also be
availed of by the Fil spouse as to correct
the injustice or the absurd situation.
Art 35, P2 only applies;
a. If the divorce decree was obtained by
the alien spouse abroad.
b. Between a Fil and a foreigner. Mixed
marriage shall be determined at the
time of the acquisition of divorce
decree so it is possible that the parties
were both Filipinos at the time of the
marriage. (Republic vs Obrecido)
Procedure for the Fil spouse to be capacitated to
remarry:
1. Fil spouse should file a petition pursuant
to Rule 63 – declaratory relief – to
establish one’s right or status.
But SC is so categorical and that
petitioner shall establish the ff;
a. Existence of divorce decree –
present a copy of divorce decree.
b. Authenticity of divorce decree –
rule 132 sec 24 and 25 of the rules
of court. Under sec 24 - present an
official publication of divorce decree
(official gazette or publication). The
other option is to present a certified
true copy of divorce decree,
accompanied by an attestation.
*Attestation is an undertaking of the legal
custodian that the copy is certified and faithful
copy of the original, executed in his custody.*
Since the document is kept outside the
PH, it should also be accompanied by a
certification executed by the PH
consular official. This states that the
officer who executed the attestation is
the legal custodian and as the legal
custodian, he has the authority to issue
the required attestation.
*Failure to submit these would result to the
dismissal of the petition.*
Noveras vs Noveras
Marriage between two Filipinos who
subsequently acquired us citizenship.
Wife obtained divorce decree in abroad and all
the properties located in US were adjudicated to
her.
Wife went to PH and filed an action in court for
judicial separation of the property located in PH.
Is it proper for trial court to issue judicial
declaration on the basis of the divorce decree
obtained abroad?
SC: Since our courts do not take judicial notice of
judgment of foreign courts, wife shall prove the
existence and authenticity of divorce decree.
She failed to submit the attestation and
certification therefore the court cannot issue
judicial declaration.
2. Validity of divorce decree or Establish
divorce decree in conformity to the
foreign laws allowing such.
Procedure: Rule 132 sec 24 and 25
(attestation and certification)
But which law does the petitioner need to
prove?
In Republic vs Obrecido – it was the US
law because it is where the divorce decree was
obtained and the spouse who obtained it is a US
citizen.
What if the divorce decree is obtained in a
country not from the country of the petitioner?
(ie. German who obtained divorce decree in US)
Prove both laws. If under both laws it is
valid, then it is valid.
But what if the other country does not allow
divorce?
Bayot vs Bayot
Wife went to Dominican Republic and obtained
divorce decree there then returned to PH and
aimed to declare her marriage with Fil spouse
null but because there is no longer cause of
action it was dismissed. Her national law
recognizes divorce hence, it is valid here.
It is the national law of the alien spouse. SC did
not bother to discuss the laws in Dominican
Republic governing divorce
.
3. That the divorce obtained abroad is
absolute divorce.
2 Kinds of divorce;
Absolute Divorce – capacitates
alien spouse to remarry and as a result
the Fil spouse is capacitated too and
Relative Divorce which is similar to legal
separation.
What is the rule if the alien spouse, the one who
obtained the divorce decree, wishes to remarry?
Corpus vs Sto Tomas
They were both Fil at the time of their marriage.
Husband went to Canada and got naturalized
there.
He was surprised that wife was cheating on him
so he decided to obtain divorce decree.
He found another Fil to love so he submitted the
copy of divorce to civil registry. But he was
advised by the LCR that it was not enough and
that he should get recognition of his divorce
decree from the PH court.
But p2 of Art 26 cannot be availed by foreigner.
The procedure under Art 26 p 2 is reserved for Fil
only. But he may still have gained recognition of
his divorce decree in accordance to rule 39 sec
48 and 50 rules of court governing effects of
foreign judgment since divorce decree is a
foreign judgment.
Procedure:
a. Recognition of the divorce decree.
Under Rule 132 sec 24 and 25 –
existence and authenticity of the divorce
decree and the national law of the alien
spouse that validates the said decree.
b. Rule 108 – petition for correction or
cancellation of entries. Correction of
entries is the consequence of the
recognition of divorce decree and this
will be reflected in the records of LCR.
Fujiki vs Marinai
Judgment rendered by the Japanese court did
not involve divorce but a decision nullifying the
marriage by reason of bigamy. SC suggested that
the remedy for the alien spouse is to file petition
for correction or cancellation of entries under
rule 108.
Void Marriages
Art 35 – by absence of formal and essential
requisites
Art 26 – Exceptions provided
Art 37 – Incestuous Marriage
Art 38 – By reason of public policy
Art 40 – subsequent marriage where the party
was previously married, contracts marriage
without prior declaration of nullity of the
previous marriage.
Art 44 – after the previous spouse disappeared
and the remaining spouse contracts a
subsequent marriage but in bad faith where he
knew that the previous spouse is alive.
Art 53 – liquidation, partition, distribution and
delivery of property legitimes.
Art 36 – Psychological Incapacity
3 Requirements to Establish Psych Incapacity;
1. Juridical antecedence
2. Gravity
3. Incurability
Psychological Incapacity is more than physical
and mental incapacity. It is indicative of person’s
utter insensitivity and inability to give meaning
and significance to marriage.
Chi Ming Tsoi
Husband is guilty of senseless and contracted
refusal to have sex with the wife. Sex is where
the husband and wife can participate in the
mystery of creation. *claps*
The expectant wife (lol) was sad to realize that
the husband just lied in bed and turned his back
on her.
They went to Baguio for a honeymoon but
invited the mothers, uncles and nephews.
The husband submitted himself to a physical
inadequacy examination. The physician found
out that his organ in non erection state is two
inches and erects an inch. But this is enough to
consummate marriage so it was found out that
it’s not physical inadequacy but more in the
psychological make-up of the individual.
Antonio vs Reyes
Wife is a pathological liar; she concealed her
pregnancy before their marriage, she accused
her brother in law of raping her, she lied about
being a psychiatrist, she lied about her being a
voice talent when none of her family members
has ever heard her sing (aylmao), she pretended
to be a person of great influence, she even wrote
her husband and pretended to be someone who
recognizes herself as the company’s rain maker
in the business.
If one is pathological liar, she can’t be expected
to perform the marital obligation as marriage is
founded on fidelity, trust, honesty and love.
Kalaw vs Fernandes
Wife loves herself so much to the extent of
neglecting her obligation to her family. She used
to be a model so she squanders family resources
by going to beauty parlor and play mahjong. She
is found to have narcissistic personality disorder
Ngo-Te vs Yu-Te
Couple eloped to Cebu and returned to Manila
and crashed in the place of the uncle of the girl.
He felt like a prisoner and he was threatened to
marry her. It was found out that; husband has
dependent personality disorder. He lacked self-
esteem and belittle himself and can’t make up
his own decision. On the other hand, the wife is
suffering from anti social personality disorder.
She defies norms in the society. She is
domineering, manipulative and she doesn’t care
of other people’s rights and feelings.
Reyes vs Reyes
Husband was too invested in business and he
doesn’t even bother to call his wife as he was
remorseless. Wife had an operation once and he
did not even care about her. All his businesses
were a jenga of failure. SC found this as
indicative of immaturity and irresponsible on
the part of the husband, demonstrative of utter
insensitivity and failure to understand the
meaning of marriage.
I know you’re tallying so what’s your score out of 5? XD
Grounds of nullity, annulment or legal
separation such as homosexuality, lesbianism,
alcoholism and etc can be grounds for
psychological incapacity too, so long as they
comply with the 3 characteristics;
1. Juridical antecedence
– Psychological incapacity is present at
the time or prior to the marriage celebration
although it’s manifested after the celebration.
The connection between behavioral
manifestation and the history of the individual
should be established and that these personality
disorders are brought about by his own
dysfunctional system. In most cases, this is due
to the upbringing of the person in a
dysfunctional family. This is why it is advisable to
bring experts such as psychologists or
psychiatrists to offer testimony.
2. Gravity
– It must be so grave or serious that it
brings about incapacity or inability to perform
marital obligation. Occasional violent behavior,
outburst or irreconcilable differences are not
grounds since they are not that grave.
3. Incurability
– It must be something beyond the
means of the individual to avail of the cure. It has
dual concept; absolute incurability – unable to
perform marital obligation regardless of who the
spouse is. Relative incurability is incapacity
present in one or particular spouse only but not
necessarily when he is partnered to another so
he still can remarry.
Is it the defect in the inner self of the individual
or the individual’s ability to deal with his
partner?
It is possible that the individual is perfect but
when paired with another perfect individual but
together they are imperfect (screw driver and
screw analogy). So if it’s relationship-centered
or oriented then we have relative incurability
because one’s capacity to perform depends on
his partner. But if it’s in the inner self, regardless
of who the spouse is, he is always incapacitated.
In PH, we adhere to both. It’s enough that in so
far as that spouse is concern, he is unable to
perform marital obligation.
SC Guidelines for purposes of dissolving
petitions for nullity invoking Psychological
Incapacity (Molina Case).
a. It is the burden of the petitioner to prove
the existence of psychological incapacity
b. The ground for psychological incapacity
must be clinically and medically
identified, proven by experts’ testimony
and clearly explained in the decision of
the court.
c. It must exist at the time or prior to the
celebration of marriage.
d. It must be so serious.
e. It must be incurable that there is no
known cure for this type of disorder and
even if there is, it is beyond the means of
the spouse to avail of the cure.
f. The incapacity to perform marital
obligation of the spouses to each other
and the parents to their children (Art 68-
72, 221, 222 and 225 of Fam Code. (ie if
the husband is so irresponsible with
respect to his job but not to his children,
it’s not psychological incapacity))
g. Decisions of the church matrimonial
tribunal although not conclusive upon
the courts but they carry weight.