Article 36 of the Family Code of the Philippines provides:
A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligation of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.
Psychological incapacity is a ground for the declaration of absolute nullity of the marriage. Psychological incapacity should refer to no less than a mental (not physical) incapacity that causes a party to be truly cognitive 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. [1] In simpler terms, psychological incapacity is the condition of a person who does not have the mind, will, and the heart for the performance of marriage obligations.[2]
[1] Santos v CA, GR No. 112019, January 4, 1995
[2] PARAS, Civil Code of the Philippines Annotated Book 1 Persons and Family Relations, p422, 14th Edition
1 comment:
May I feature this blog post on P3? I think it's wonderful for people to know more about it.
P3, www.p-3.ph, is a crowd-sourced, progressive, online Philippine news magazine that features blogs with perspectives on modern Filipino culture, progress-minded, social responsibility, environmentalism, and tolerance. All articles are submitted by bloggers and freelance writers. The only prerequisite is that the blogger/writer belong to the industry in which she/he writes; e.g. OFW writes on OFW issues, artists write about artist news, etc.
May I feature your blog post? I will provide all the necessary links and description of your blog.
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