"...the declaration of nullity under Article 36 will simply provide a decent burial to a stillborn marriage." (Te vs. Te)

The Supreme Court of the Philippines recently discussed psychological incapacity as a ground for annulment in their official podcast — we’re sharing the link so you can listen here:

In Tan‑Andal vs. Andal (G.R. No. 196359), the Court clarified that psychological incapacity is a legal concept under Article 36 of the Family Code, not merely a medical or clinical diagnosis.

This ground for annulment applies when a spouse is unable to fulfill essential marital duties, and the incapacity must have existed at the time of the marriage, even if it only became obvious later. Importantly, the Supreme Court confirmed that expert testimony from a psychologist or psychiatrist is not always required if the evidence clearly demonstrates the incapacity.

If you have questions or want to understand how psychological incapacity may apply to your situation, or if you have an inquiry about annulment, you may visit our ask a lawyer page

Our goal is to help you understand your rights and options so you can make informed decisions.