THE Supreme Court has unanimously agreed to modify Article 36 of the Family Code and qualify psychological incapacity as a legal concept when it is invoked as a ground to nullify a marriage.
SC spokesman Brian Keith Hosaka said the decision was reached during Tuesday’s en banc session.
“The Court pronounced 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 SC said in a briefer on the decision penned by Associate Justice Marvic Leonen.
“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 also said, adding that a marriage can be nullified if all evidence presented to the court show clear and convincing evidence of irreconcilability.
The SC has yet to provide the full copy of the decision. Hosaka said several concurring opinions were submitted by the justices.
Prior to the SC revision, psychological incapacity under Article 36 of the Family Code is defined as a “serious psychological illness” afflicting a party even before marriage, adding it should be grave and permanent as to “deprive one of awareness of the duties and responsibilities of the matrimonial bond one is about to assume.”
The case is among a series of family cases pending before the SC.
Data obtained from the Office of the Court Administrator showed there are 12,605 pending court cases seeking the nullity or annulment of marriage as of February 15, 2021.
On the other hand, 4,954 cases seeking dissolution of marriages were resolved by various courts, including the Shariah Circuit Courts.
There are also 178 cases for legal separation still pending before the lower courts, while 72 cases have been decided as of February 2021.
