SC alters rule on annulment of marriage
THE Supreme Court on Wednesday announced that it has issued a ruling that modified the concept of psychological incapacity as a ground in the annulment of marriages.
The SC’S Public Information Office (PIO) disclosed that the High Tribunal unanimously decided during its en banc session on Tuesday to modify the interpretation of the requirements of psychological incapacity as a ground in nullifying a marriage under Article 36 of the Family Code.
“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 martial 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 declared in its decisions on the case of Tanandal vs. Andal, GR 196359.
The Court held that psychological incapacity “need not be a mental or personality disorder.”
“It need not be a permanent and incurable condition,” the Court stressed.
With the ruling, the Court said the testimonyofpsychologisttoprovepsychological incapacity of a party would no longer be a requirement in all cases seeking nullification of marriages.
“Therefore, the testimony of psychologist or psychiatrist is not mandatory in all cases. The totality of the evidence must show clear and convincing evidence to cause the declaration of nullity of marriage,” the SC said.
A copy of the decision that was penned by SC Associate Justice Marvic Leonen has yet to be officially released to the public.
The SC PIO noted that several justices also gave their concurring opinions in the case.
Based on the data earlier obtained from the Office of the Court Administrator, there are a total of 12,605 pending cases seeking the nullity or annulment of marriage as of February 15, 2021.
On the other hand, various courts including by the Shariah Circuit Courts (SHCC) resolved 4,954 cases seeking dissolution of marriages.
The record also showed that there are 178 cases seeking legal separation still pending before the lower courts, while 72 cases have been decided as of February 2021.
In 2000, the SC designated 68 trial courts as family courts to hear and decide complaints for annulment of marriage, declaration of nullity of marriage and those relating to marital status and property relations of husband and wife or those living together under different status and agreements, and petitions for dissolution of conjugal partnership of gains and petitions for support and/or acknowledgment, among others.