Santos vs. Santos G.R. No.

112019 January 4, 1995

Justice Sempio-Diy 11 cites with approval the work of Dr. Gerardo Veloso, a former Presiding Judge of the
Metropolitan Marriage Tribunal of the Catholic Archdiocese of Manila (Branch 1), who opines that
psychological incapacity must be characterized by (a) gravity, (b) juridical antecedence, and (c) incurability.
The incapacity must be grave or serious such that the party would be incapable of carrying out the ordinary
duties required in marriage; it must be rooted in the history of the party antedating the marriage, although the
overt manifestations may emerge only after the marriage; and it must be incurable or, even if it were
otherwise, the cure would be beyond the means of the party involved.
xxxxxxxxxxxxxxx
Thus correlated, "psychological incapacity" should refer to no less than a mental (not physical) incapacity
that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed
and discharged by the parties to the marriage which, as so expressed by Article 68 of the Family Code,
include their mutual obligations to live together, observe love, respect and fidelity and render help and
support. There is hardly any doubt that the intendment of the law has been to confine the meaning of
"psychological incapacity" to the most serious cases of personality disorders clearly demonstrative of an utter
intensitivity or inability to give meaning and significance to the marriage. This pschologic condition must
exist at the time the marriage is celebrated.

PADILLA, J.,
While it is true that the board term "psychological incapacity" can open the doors to abuse by couples who
may wish to have an easy way out of their marriage, there are, however, enough safeguards against this
contingency, among which, is the intervention by the State, through the public prosecutor, to guard against
collusion between the parties and/or fabrication of evidence.
xxxxxxxxxxxxxxxxxxxxx
A spouse's obligation to live and cohabit with his/her partner in marriage is a basic ground rule in marriage,
unless there are overpowering compelling reasons such as, for instance, an incurable contagious disease on
the part of a spouse or cruelty of one partner, bordering on insanity. There may also be instances when, for
economic and practical reasons, husband and wife have to live separately, but the marital bond between the
spouses always remains. Mutual love and respect for each other would, in such cases, compel the absent
spouse to at least have regular contracts with the other to inform the latter of his/her condition and
whereabouts.

Republic v. Molina G.R. No. 108763 February 13, 1997

From their submissions and the Court's own deliberations, the following guidelines in the interpretation and
application of Art. 36 of the Family Code are hereby handed down for the guidance of the bench and the bar:
(1) The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be
resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity.
This is rooted in the fact that both our Constitution and our laws cherish the validity of marriage and unity of
the family. Thus, our Constitution devotes an entire Article on the Family, 11 recognizing it "as the foundation
of the nation." It decrees marriage as legally "inviolable," thereby protecting it from dissolution at the whim
of the parties. Both the family and marriage are to be "protected" by the state.
The Family Code 12 echoes this constitutional edict on marriage and the family and emphasizes
the permanence, inviolability and solidarity
(2) The root cause of the psychological incapacity must be (a) medically or clinically identified, (b) alleged
in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision. Article 36 of the
Family Code requires that the incapacity must be psychological — not physical. although its manifestations
and/or symptoms may be physical. The evidence must convince the court that the parties, or one of them, was
mentally or physically ill to such an extent that the person could not have known the obligations he was
assuming, or knowing them, could not have given valid assumption thereof. Although no example of such
incapacity need be given here so as not to limit the application of the provision under the principle
of ejusdem generis, 13 nevertheless such root cause must be identified as a psychological illness and its
incapacitating nature explained. Expert evidence may be given qualified psychiatrist and clinical
psychologists.
(3) The incapacity 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 do's." 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.
(4) Such incapacity must also 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. Hence, a pediatrician may be effective in diagnosing illnesses of children and
prescribing medicine to cure them but may not be psychologically capacitated to procreate, bear and raise
his/her own children as an essential obligation of marriage.
(5) Such 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 illness must be shown as downright incapacity or inability,
nor a refusal, neglect or difficulty, much less ill will. In other words, there is a natal or supervening disabling
factor in the person, an adverse integral element in the personality structure that effectively incapacitates the
person from really accepting and thereby complying with the obligations essential to marriage.
(6) The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as
regards the husband and wife as well as Articles 220, 221 and 225 of the same Code in regard to parents and
their children. Such non-complied marital obligation(s) must also be stated in the petition, proven by
evidence and included in the text of the decision.
(7) Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the
Philippines, while not controlling or decisive, should be given great respect by our courts. It is clear that
Article 36 was taken by the Family Code Revision Committee from Canon 1095 of the New Code of Canon
Law, which became effective in 1983 and which provides:
The following are incapable of contracting marriage: Those who are unable to assume the
essential obligations of marriage due to causes of psychological nature. 14
Since the purpose of including such provision in our Family Code is to harmonize our civil laws with the
religious faith of our people, it stands to reason that to achieve such harmonization, great persuasive weight
should be given to decision of such appellate tribunal. Ideally — subject to our law on evidence — what is
decreed as canonically invalid should also be decreed civilly void.
This is one instance where, in view of the evident source and purpose of the Family Code provision,
contemporaneous religious interpretation is to be given persuasive effect. Here, the State and the Church —
while remaining independent, separate and apart from each other — shall walk together in synodal cadence
towards the same goal of protecting and cherishing marriage and the family as the inviolable base of the
nation.
(8) The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel
for the state. No decision shall he handed down unless the Solicitor General issues a certification, which will
be quoted in the decision, briefly staring therein his reasons for his agreement or opposition, as the case may
be, to the petition. The Solicitor General, along with the prosecuting attorney, shall submit to the court such
certification within fifteen (15) days from the date the case is deemed submitted for resolution of the court.
The Solicitor General shall discharge the equivalent function of the defensor vinculi contemplated under
Canon 1095.

PADILLA, J., concuring opinion:

Marcos vs. Marcos G.R. No. 136490 October 19, 2000

Psychological incapacity, as a ground for declaring the nullity of a marriage, may be established by the
totality of evidence presented. There is no requirement, however, that the respondent should be examined by
a physician or a psychologist as a conditio sine qua non for such declaration.