(May 28, 2021) On May 11, 2021, the Philippines’ Supreme Court announced that it had modified the interpretation of the requirements of psychological incapacity as a ground for declaring the nullity of marriages in court.
The requirements are set forth in article 36 of the Family Code, which provides that a marriage contracted by any individual who was psychologically incapacitated to comply with the essential obligations of marriage is void, even if the incapacity becomes evident after the marriage is solemnized.
While deliberating on the case of Tan-Andal v. Andal, the court defined “psychological incapacity” as a personal condition that prevents a spouse from complying with fundamental marital obligations toward a specific partner and that may have existed at the time of marriage but became evident only through behavior subsequent to the marriage ceremony.
Furthermore, the court stated that such a condition need not be a mental or personality disorder, or a permanent and incurable condition. Previously, proof of the permanence and incurability of the condition had been required in court, according to Philippine legal commentators.
In addition, the court stated that the testimony of a psychologist or psychiatrist is not mandatory in all cases, a determination that another Philippine expert believes could result in shortening the process and minimizing costs of court proceedings in annulment cases.
As of mid-May 2021, the ruling was not available on the court’s website. The court’s Public Information Office indicated that it will publish the ruling once an official copy is ready to be released.
With the complete ruling not yet available, discussions on social media have reportedly speculated on how this new interpretation of psychological incapacity will be applied in practice. Moreover, some lawyers are wondering if the Supreme Court’s modified interpretation of article 36 of the Family Code has served to create jurisprudence allowing for divorce, which is not currently allowed by Philippine law.