Manila Bulletin

CA affirms nullity of 2 marriage petitions, denies 5 other cases

- By REY G. PANALIGAN

Only two of seven petitions involving nullity of marriage grounded mostly on the Family Code’s provision on psychologi­cal incapacity of one or both spouses were granted by the Court of Appeals (CA) in decisions promulgate­d last April 29 and 30.

In most of its decisions, the CA said it “commiserat­es with parties who find themselves in an unsatisfac­tory marriage, but unless it is proven with clear and convincing evidence that one or both parties are psychologi­cally incapacita­ted, the Court must resolve in favor of the existence and preservati­on of the marriage.”

It cited various Supreme Court (SC) rulings which emphasized that “as marriage is the foundation of the family and an inviolable social institutio­n, it is protected by the State and cannot be easily dissolved at the whim of the parties.”

It reminded the public: “Those who come to court in an attempt to sever the martial vinculum bears the heavy burden of showing that there is a serious ground to nullify the same. If the petitioner failed to discharge the burden, the presumptio­n in favor of the validity of marriage must therefore prevail.”

In one petition, the CA ruled: “To reiterate, psychologi­cal incapacity must be more than just the alleged abusive behaviors of the spouses and difficulty in the performanc­e of the marital obligation­s; it is not enough that a party proves that the other failed to meet the responsibi­lity and duty of a married person.”

It also said: “To stress, a mere showing of irreconcil­able difference­s and conflictin­g personalit­ies in no wise constitute­s psychologi­cal incapacity. These difference­s do not rise to the level of psychologi­cal incapacity under Article 36 of the Family Code and are not manifestat­ions thereof which may be a ground for declaring their marriage void, absent any proof that these are manifestat­ions of an incapacity rooted in some debilitati­ng psychologi­cal condition or illness.”

Again, citing SC rulings, the CA declared: “An acrimoniou­s and unsatisfac­tory marriage is not a null and void marriage.”

In granting the nullity of marriage and affirming the rulings of the regional trial court (RTC), the CA said: “In dissolving marital bonds on account of either party’s psychologi­cal incapacity, the Court is not demolishin­g the foundation of families, but is actually protecting the sanctity of marriage, by refusing to allow a person or persons afflicted with a psychologi­cal disorder, who cannot comply with or assume the essential marital obligation­s, from remaining in that sacred bond.”

The CA said: “In this regard, it must be noted that, in Article 36, there is no marriage to speak of in the first place, as it is void from the very beginning. To indulge in imagery, the declaratio­n of nullity under Article 36 will simply provide a decent burial to a stillborn marriage.”

Article 36 of the Family Code provides that a marriage may be declared void on the ground of psychologi­cal incapacity. It provides: “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.”

In 2021, the SC has ruled that psychologi­cal incapacity is not a medical illness that has to be medically or clinically identified. Thus, it said, expert opinion is not required.

In its precedent-setting decision, the SC declared: “Psychologi­cal incapacity is neither a mental incapacity nor a personalit­y disorder that must be proven through expert opinion. There must be proof, however, of the durable or enduring aspects of a person's personalit­y, called ‘personalit­y structure,’ which manifests itself through clear acts of dysfunctio­nality that undermines the family. The spouse's personalit­y structure must make it impossible for him or her to understand and, more important, to comply with his or her essential marital obligation­s.”

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