What is psychological disability in nullity cases?

“The reason our marriage failed is that my husband is a serial womanizer. After several attempts at reconciliation, he drew the line when he threatened to hurt me and our children. He no longer provides support for our children or resides in our matrimonial home. since he now lives with another woman. Is it possible for me to use this as a basis for our marriage to be declared null and void?

No. As painful as this may be, according to article 52 of the Family Code, infidelity or sexual perversion, drug addiction or habitual alcoholism of the defendant, or the attempt by the defendant against the life of the petitioner, are only grounds for Separation. Legal. They will not break the marital ties but will only give the parties the right to live separately and liquidate their marital or marital property, among others.
A subsequent marriage or any intimate relationship of either party may potentially hold them criminally liable for bigamy, adultery, or concubinage.

A Declaration of Nullity makes the marriage null and void from its inception. Mental incapacity is one of the reasons why the marriage will be null ab initio.

Art. 36 of the Family Code establishes: The marriage contracted by any of the parties who, at the time of the celebration, was psychologically incapable of fulfilling the essential conjugal obligations of the marriage, even if such incapacity only manifests itself after its solemnization, will be null and void. (As amended by Executive Order 227).
There is no hard and fast rule that defines and justifies what psychological disability is. But as provided by law, it refers to a spouse’s inability or unwillingness to fulfill essential marital obligations.

What are these essential marital obligations?
The Family Code enumerates conjugal obligations as follows: a) procreate children based on the universal principle that the procreation of children through sexual cooperation is the basic purpose of marriage; (b) Living together under one roof because union spells unity in marriage; (c) Observe mutual love, respect and fidelity, because love, sexual comfort and mutual loyalty are the basic tenets of marriage; (d) Giving each other help and support in caring for needs, both temporal and spiritual, is essential to sustaining the marriage. (Article 68 of the Philippine Family Code) (e) Jointly holding the family of the spouses as joint administrators of the company. (Article 70 of the Philippine Family Code) (f) Not to commit acts that bring danger, dishonor or harm to each other or to the family for the safety of the family at all times is a primary duty of the spouses. (Section 72 of the Philippine Family Code).

What needs to be proven in this case is that the inability to perform essential marital obligations must be that it is psychological in nature, must be so severe as to be declared medically incurable, and that the incapacity must be existing at the time of the marriage. , although it may have manifested itself only after marriage.

The law does not require a psychiatric evaluation of the parties, but the findings and testimony of a psychiatrist as an expert witness will definitely support the action to prove the “psychological incapacity” of the other party.

The jurisprudence of the Supreme Court in the case Republic vs. Molina has established the guidelines to determine one as mentally handicapped. However, the court’s determination would still depend on the facts of the case at hand.
Given this, one should seek the services of an Annulment Lawyer, preferably one who has a strong background in Family Law, with solid experience handling annulment cases. Making the decision to break free from a debilitating marriage is a difficult first step, finding a good attorney who will listen to you and present your case in court will ensure that you have a good attorney who will ease the burden on you as you see this process through.

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