SC revises take on psychological incapacity as basis for nullity of marriage

Psychological incapacity as ground for nullity of marriage need not be mental or personality disorder, the Supreme Court says in modifying its interpretation, which now extends beyond the personality disorder.

According to the SC Public Information Office (PIO), the justices unanimously voted on Tuesday to declare 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,” the Court was quoted as saying.

“It need not be a mental or personality disorder. It need not be a permanent and incurable condition.  Therefore, the testimony of [a] psychologist or psychiatrist is not mandatory in all cases,” the high court added.

Thus, the “totality of evidence” must sufficiently establish the justification for the declaration of nullity of marriage.

However, the SC PIO did not provide details of the case because it had not yet received a copy of the decision, which was written by Associate Justice Marvic Leonen.

“The full opinion will be uploaded to the SC website once the PIO receives an official copy,” it said.

Prior to the revision, the SC defined psychological incapacity under Article 36 of the Family Code as a “serious psychological illness” afflicting a party even before marriage, adding it is grave and permanent as to “deprive one of awareness of the duties and responsibilities of the matrimonial bond one is about to assume.”

Spouses are obliged to live together, observe love, respect and fidelity, as well as render help and support as provided under Article 68 of the Family Code.

Bills seeking to introduce absolute divorce and dissolution of marriage in the Philippines are still pending in Congress. —Virgil Lopez/LBG, GMA News