Legal Writing

Michelle N. Latoza
SET C
Psychological Incapacity

Psychological Incapacity falls in article 36 of the family code which states

that Art 36: A marriage contracted by any party who, at the time of the
celebration, was psychologically incapacitated to comply with the essential marital
obligations of marriage, shall likewise be void even if such incapacity becomes
manifest only after its solemnization. It is a condition of a person who doesnt
have the mind, will, and heart for the performance of marital obligations. It must
be proven to be existing at the time of the celebration of the marriage. The
evidence must show that the illness was existing when the parties exchanged their
I dos. The manifestation of the illness need not be perceivable at such time, but
the illness itself must have attached at such moment or prior thereto.
In Azuceta vs. CA, G.R. No. 180668 the court declared that the petition for
declaration of nullity of marriage has been reverted due to petitioners failure to
prove that the respondents supposed psychological malady existed even before the
marriage. It also laid down the root cause of psychological incapacity that it must
be: (a) medically or clinically identified, (b) alleged in the complaint, (c)
sufficiently proven by experts and (d) clearly explained in the decision.
Illness must be grave enough to bring about the disability of the party to
assume the essential obligations of marriage. Thus, mild characteriological
peculiarities, mood changes, occasional emotional outbursts cannot be accepted as
root causes. The incapacity must be shown to be medically or clinically permanent
or incurable. Such incurability may be absolute or even relative only in regard to
the other spouse, not necessarily absolutely against everyone of the same sex.
Furthermore, such incapacity must be relevant to the assumption of marriage
obligations, not necessarily to those not related to marriage, like the exercise of a
profession or employment in a job.

Legal Writing

In Mariels case, there is a clear proof that her husband is

psychologically incapable to perform his marital obligations such as to observe

mutual love, respect, and support. Mariel failed to establish a harmonious

family life with her husband. Bong has not shown love and respect to
her manifested by the formers being irresponsible, immature, jobless,
drunkard, excessive dependence on his parents and worst of all a wife
beater. Her husbands consistent jealousy and distrust towards her was
also a mere ground psychological incapacity of his husband because it
started before their marriage and became very apparent as time went and
proves to be continuous, permanent and incurable;