Persons and Family Relations

Colegio dela Purisima Concepcion

School of Law, Juris Doctor I
Atty. Jomar Alyzar A. Betita

Art. 36. Psychological Incapacity

Requisites of Psychological Incapacity

 Juridical Antecedence – Must be rooted in the history of the party
antedating the marriage, although the overt manifestations may emerge only
after the marriage;
 Incurability – Must be incurable or, even if it were otherwise, the cure
would be beyond the means of the party involved;
 Gravity – must be grave/serious such that the party would be incapable of
carrying out the ordinary duties required in a marriage.

Santos vs. CA, GR No. 1120219, January 4, 1995. – No less than a mental (not
physical) incapacity that causes a party to be truly incognitive of the basic
marital covenants that concomitantly must be assumed and discharged by the
parties to the marriage. Its meaning is confined to the most serious cases of
personality disorders clearly demonstrative of an utter insensitivity or inability
to give meaning and significance to the marriage. This psychological condition
must exist at the time the marriage is celebrated.

Marable v. Marable, GR No. 178741, January 17, 2011. – Psych incapacity to be a

ground for the nullity of marriage, refers to a serious psychological illness
afflicting a party even before the celebration of marriage. These are the
disorders that result in the utter insensitivity or inability of the afflicted party to
give meaning and significance to the marriage he or she has contracted.
Psychological incapacity must refer to no less than a mental (not physical)
incapacity that causes a party to be truly incognitive of the basic marital
covenants that concomitantly must be assumed and discharged by the parties to
the marriage.

Jurisprudential guidelines set in Republic vs. Molina, GR No. 108763, Feb. 13,
1997

1. PI must be permanent or incurable;

2. Root cause of PI must be:
- Medically or clinically identified
- Alleged in the complaint
- proven by experts
- explained in the decision
3. Marital obligations defined under FC;
4. Plaintiff has the burden of proof;
5. PI must be proven to be existing at the time of the celebration of marriage;
6. Solicitor General, through the Prosecutor to appear for the State;
7. PI is grave enough to bring about disability to assume essential marital
obligation;
8. Interpretations of the Catholic Church/churches, although NOT controlling
must be given weight and respect.

Te v. Te, GR No. 161793, Feb. 13, 2009. – PI cases to be decided on a case-to-case

basis and no “priori” assumptions.

Dedel v. CA, GR No. 151867, Jan. 29, 2004.

- The wife’s promiscuity and the psychiatrist’s report that she was suffering
from social personality disorder exhibited by blatant display of infidelity,
emotional immaturity, and irresponsibility cannot be equated with PI.

Republic v. Melgar, GR No. 139676, March 31, 2006.

- The husband’s alleged alcholism, drunkeness, his habitual verbal and physical
abuse of the wife, failure to support the later and her children, and unbearable
jealousy, do not constitute PI.

Marcos v. Marcos, GR No. 136490, Oct. 19, 2000.

- PI may be established by the TOTALITY OF EVIDENCE presented. The
facts alleged in the petition and the evidence presented, considered in totality,
should be sufficient to convince the court of the PI of the party concerned.

Republic v. San Jose, GR No. 168328, Feb. 28 2007.

- Personal appearance of the person to be declared as PI before the physician or
psychologist is NOT REQUIRED.

-The idea of PI was lifted from the Canon Law.

- No award for Damages in PI cases.

Types of Personality Disorders (DSM-III-R):

Cluster A – Paranoid, schizoid and schizotypal personality disorders. Individuals

who have these disorders often appear to have odd or eccentric habits and
traits.

Cluster B – Antisocial, borderline, histrionic and narcissistic personality disorders.

Individuals who have these disorders often appear overly emotional, erratic and
dramatic.

Cluster C – Avoidant, dependent, obsessive-compulsive and passive-aggressive

personality disorders. Individuals who have these disorders often appear
anxious or fearful.

No PI

- Mere refusal or neglect to comply.

- Mere incompatibility and irreconcilable differences.
PI is very personal and limited one. It does not mean that a person is PI to his/her
present spouse, he/she will also be PI to another.