G.R. No. 161793 February 13, 2009 However, Edward’s ₱80,000.00 lasted for only a month.

Their pension
house accommodation and daily sustenance fast depleted it. And they
EDWARD KENNETH NGO TE, Petitioner, could not find a job. In April 1996, they decided to go back to Manila.
vs. Rowena proceeded to her uncle’s house and Edward to his parents’
ROWENA ONG GUTIERREZ YU-TE, Respondent, home. As his family was abroad, and Rowena kept on telephoning him,
REPUBLIC OF THE PHILIPPINES, Oppositor. threatening him that she would commit suicide, Edward agreed to stay
with Rowena at her uncle’s place.5
DECISION
On April 23, 1996, Rowena’s uncle brought the two to a court to get
NACHURA, J.: married. He was then 25 years old, and she, 20.6 The two then continued
to stay at her uncle’s place where Edward was treated like a prisoner—he
was not allowed to go out unaccompanied. Her uncle also showed
Far from novel is the issue involved in this petition. Psychological
Edward his guns and warned the latter not to leave Rowena.7 At one
incapacity, since its incorporation in our laws, has become a clichéd
point, Edward was able to call home and talk to his brother who
subject of discussion in our jurisprudence. The Court treats this case,
suggested that they should stay at their parents’ home and live with them.
however, with much ado, it having realized that current jurisprudential
Edward relayed this to Rowena who, however, suggested that he should
doctrine has unnecessarily imposed a perspective by which psychological
get his inheritance so that they could live on their own. Edward talked to
incapacity should be viewed, totally inconsistent with the way the concept
his father about this, but the patriarch got mad, told Edward that he would
was formulated—free in form and devoid of any definition.
be disinherited, and insisted that Edward must go home.8
For the resolution of the Court is a petition for review on certiorari under
After a month, Edward escaped from the house of Rowena’s uncle, and
Rule 45 of the Rules of Court assailing the August 5, 2003 Decision1 of
stayed with his parents. His family then hid him from Rowena and her
the Court of Appeals (CA) in CA-G.R. CV No. 71867. The petition further
family whenever they telephoned to ask for him.9
assails the January 19, 2004 Resolution2 denying the motion for the
reconsideration of the challenged decision.
In June 1996, Edward was able to talk to Rowena. Unmoved by his
persistence that they should live with his parents, she said that it was
The relevant facts and proceedings follow.
better for them to live separate lives. They then parted ways.10
Petitioner Edward Kenneth Ngo Te first got a glimpse of respondent
After almost four years, or on January 18, 2000, Edward filed a petition
Rowena Ong Gutierrez Yu-Te in a gathering organized by the Filipino-
before the Regional Trial Court (RTC) of Quezon City, Branch 106, for
Chinese association in their college. Edward was then initially attracted to
the annulment of his marriage to Rowena on the basis of the latter’s
Rowena’s close friend; but, as the latter already had a boyfriend, the
psychological incapacity. This was docketed as Civil Case No. Q-00-
young man decided to court Rowena. That was in January 1996, when
39720.11
petitioner was a sophomore student and respondent, a freshman.3
As Rowena did not file an answer, the trial court, on July 11, 2000,
Sharing similar angst towards their families, the two understood one
ordered the Office of the City Prosecutor (OCP) of Quezon City to
another and developed a certain degree of closeness towards each
investigate whether there was collusion between the parties.12 In the
other. In March 1996, or around three months after their first meeting,
meantime, on July 27, 2000, the Office of the Solicitor General (OSG)
Rowena asked Edward that they elope. At first, he refused, bickering that
entered its appearance and deputized the OCP to appear on its behalf
he was young and jobless. Her persistence, however, made him relent.
and assist it in the scheduled hearings.13
Thus, they left Manila and sailed to Cebu that month; he, providing their
travel money and she, purchasing the boat ticket.4
On August 23, 2000, the OCP submitted an investigation report stating live together. Petitioner hesitated because he is not prepared as they are
that it could not determine if there was collusion between the parties; both young and inexperienced, but she insisted that they would somehow
thus, it recommended trial on the merits.14 manage because petitioner is rich. In the last week of March 1996,
respondent seriously brought the idea of eloping and she already bought
The clinical psychologist who examined petitioner found both parties tickets for the boat going to Cebu. Petitioner reluctantly agreed to the
psychologically incapacitated, and made the following findings and idea and so they eloped to Cebu. The parties are supposed to stay at the
conclusions: house of a friend of respondent, but they were not able to locate her, so
petitioner was compelled to rent an apartment. The parties tried to look
BACKGROUND DATA & BRIEF MARITAL HISTORY: for a job but could not find any so it was suggested by respondent that
they should go back and seek help from petitioner’s parents. When the
parties arrived at the house of petitioner, all of his whole family was all
EDWARD KENNETH NGO TE is a [29-year-old] Filipino male adult born
out of the country so respondent decided to go back to her home for the
and baptized Born Again Christian at Manila. He finished two years in
meantime while petitioner stayed behind at their home. After a few days
college at AMA Computer College last 1994 and is currently unemployed.
of separation, respondent called petitioner by phone and said she wanted
He is married to and separated from ROWENA GUTIERREZ YU-TE. He
to talk to him. Petitioner responded immediately and when he arrived at
presented himself at my office for a psychological evaluation in relation to
their house, respondent confronted petitioner as to why he appeared to
his petition for Nullification of Marriage against the latter by the grounds
be cold, respondent acted irrationally and even threatened to commit
of psychological incapacity. He is now residing at 181 P. Tuazon Street,
suicide. Petitioner got scared so he went home again. Respondent would
Quezon City.
call by phone every now and then and became angry as petitioner does
not know what to do. Respondent went to the extent of threatening to file
Petitioner got himself three siblings who are now in business and one a case against petitioner and scandalize his family in the newspaper.
deceased sister. Both his parents are also in the business world by whom Petitioner asked her how he would be able to make amends and at this
he [considers] as generous, hospitable, and patient. This said virtues are point in time[,] respondent brought the idea of marriage. Petitioner[,] out
said to be handed to each of the family member. He generally considers of frustration in life[,] agreed to her to pacify her. And so on April 23,
himself to be quiet and simple. He clearly remembers himself to be afraid 1996, respondent’s uncle brought the parties to Valenzuela[,] and on that
of meeting people. After 1994, he tried his luck in being a Sales very same day[,] petitioner was made to sign the Marriage Contract
Executive of Mansfield International Incorporated. And because of job before the Judge. Petitioner actually never applied for any Marriage
incompetence, as well as being quiet and loner, he did not stay long in License.
the job until 1996. His interest lie[s] on becoming a full servant of God by
being a priest or a pastor. He [is] said to isolate himself from his friends
Respondent decided that they should stay first at their house until after
even during his childhood days as he only loves to read the Bible and
arrival of the parents of petitioner. But when the parents of petitioner
hear its message.
arrived, respondent refused to allow petitioner to go home. Petitioner was
threatened in so many ways with her uncle showing to him many guns.
Respondent is said to come from a fine family despite having a lazy Respondent even threatened that if he should persist in going home, they
father and a disobedient wife. She is said to have not finish[ed] her will commission their military friends to harm his family. Respondent even
collegiate degree and shared intimate sexual moments with her boyfriend made petitioner sign a declaration that if he should perish, the authorities
prior to that with petitioner. should look for him at his parents[‫ ]ۥ‬and relatives[‫ ]ۥ‬houses. Sometime in
June of 1996, petitioner was able to escape and he went home. He told
In January of 1996, respondent showed her kindness to petitioner and his parents about his predicament and they forgave him and supported
this became the foundation of their intimate relationship. After a month of him by giving him military escort. Petitioner, however, did not inform them
dating, petitioner mentioned to respondent that he is having problems that he signed a marriage contract with respondent. When they knew
with his family. Respondent surprisingly retorted that she also hates her about it[,] petitioner was referred for counseling. Petitioner[,] after the
family and that she actually wanted to get out of their lives. From that counseling[,] tried to contact respondent. Petitioner offered her to live
[time on], respondent had insisted to petitioner that they should elope and instead to[sic] the home of petitioner’s parents while they are still
studying. Respondent refused the idea and claimed that she would only founded to be on the search of what he wants in life. He is absconded as
live with him if they will have a separate home of their own and be away an introvert as he is not really sociable and displays a lack of interest in
from his parents. She also intimated to petitioner that he should already social interactions and mingling with other individuals. He is seen too akin
get his share of whatever he would inherit from his parents so they can to this kind of lifestyle that he finds it boring and uninteresting to commit
start a new life. Respondent demanded these not knowing [that] the himself to a relationship especially to that of respondent, as aggravated
petitioner already settled his differences with his own family. When by her dangerously aggressive moves. As he is more of the reserved and
respondent refused to live with petitioner where he chose for them to timid type of person, as he prefer to be religiously attached and spend a
stay, petitioner decided to tell her to stop harassing the home of his solemn time alone.
parents. He told her already that he was disinherited and since he also
does not have a job, he would not be able to support her. After knowing ROWENA GUTIERREZ YU-TE, the respondent, is said to be of the
that petitioner does not have any money anymore, respondent stopped aggressive-rebellious type of woman. She is seen to be somewhat
tormenting petitioner and informed petitioner that they should live exploitative in her [plight] for a life of wealth and glamour. She is seen to
separate lives. take move on marriage as she thought that her marriage with petitioner
will bring her good fortune because he is part of a rich family. In order to
The said relationship between Edward and Rowena is said to be have her dreams realized, she used force and threats knowing that [her]
undoubtedly in the wreck and weakly-founded. The break-up was caused husband is somehow weak-willed. Upon the realization that there is really
by both parties[’] unreadiness to commitment and their young age. He no chance for wealth, she gladly finds her way out of the relationship.
was still in the state of finding his fate and fighting boredom, while she
was still egocentrically involved with herself. REMARKS:

TESTS ADMINISTERED: Before going to marriage, one should really get to know himself and
marry himself before submitting to marital vows. Marriage should not be
Revised Beta Examination taken out of intuition as it is profoundly a serious institution solemnized by
religious and law. In the case presented by petitioner and respondent[,]
Bender Visual Motor Gestalt Test (sic) it is evidently clear that both parties have impulsively taken marriage
for granted as they are still unaware of their own selves. He is extremely
Draw A Person Test introvert to the point of weakening their relationship by his weak
behavioral disposition. She, on the other hand[,] is extremely exploitative
and aggressive so as to be unlawful, insincere and undoubtedly uncaring
Rorschach Psychodiagnostic Test
in her strides toward convenience. It is apparent that she is suffering the
grave, severe, and incurable presence of Narcissistic and Antisocial
Sach’s Sentence Completion Test Personality Disorder that started since childhood and only manifested
during marriage. Both parties display psychological incapacities that
MMPI made marriage a big mistake for them to take.15

TEST RESULTS & EVALUATION: The trial court, on July 30, 2001, rendered its Decision16 declaring the
marriage of the parties null and void on the ground that both parties were
Both petitioner and respondent are dubbed to be emotionally immature psychologically incapacitated to comply with the essential marital
and recklessly impulsive upon swearing to their marital vows as each of obligations.17 The Republic, represented by the OSG, timely filed its
them was motivated by different notions on marriage. notice of appeal.18

Edward Kenneth Ngo Te, the petitioner in this case[,] is said to be still On review, the appellate court, in the assailed August 5, 2003
unsure and unready so as to commit himself to marriage. He is still Decision19 in CA-G.R. CV No. 71867, reversed and set aside the trial
court’s ruling.20 It ruled that petitioner failed to prove the psychological We begin by examining the provision, tracing its origin and charting the
incapacity of respondent. The clinical psychologist did not personally development of jurisprudence interpreting it.
examine respondent, and relied only on the information provided by
petitioner. Further, the psychological incapacity was not shown to be Article 36 of the Family Code32 provides:
attended by gravity, juridical antecedence and incurability. In sum, the
evidence adduced fell short of the requirements stated in Republic v. Article 36. A marriage contracted by any party who, at the time of the
Court of Appeals and Molina21 needed for the declaration of nullity of the celebration, was psychologically incapacitated to comply with the
marriage under Article 36 of the Family Code.22 The CA faulted the lower essential marital obligations of marriage, shall likewise be void even if
court for rendering the decision without the required certification of the such incapacity becomes manifest only after its solemnization.
OSG briefly stating therein the OSG’s reasons for its agreement with or
opposition to, as the case may be, the petition.23 The CA later denied
As borne out by the deliberations of the Civil Code Revision Committee
petitioner’s motion for reconsideration in the likewise assailed January
that drafted the Family Code, Article 36 was based on grounds available
19, 2004 Resolution.24
in the Canon Law. Thus, Justice Flerida Ruth P. Romero elucidated in
her separate opinion in Santos v. Court of Appeals:33
Dissatisfied, petitioner filed before this Court the instant petition for review
on certiorari. On June 15, 2005, the Court gave due course to the petition
However, as a member of both the Family Law Revision Committee of
and required the parties to submit their respective memoranda.25
the Integrated Bar of the Philippines and the Civil Code Revision
Commission of the UP Law Center, I wish to add some observations. The
In his memorandum,26 petitioner argues that the CA erred in substituting letter dated April 15, 1985 of then Judge Alicia V. Sempio-Diy written in
its own judgment for that of the trial court. He posits that the RTC behalf of the Family Law and Civil Code Revision Committee to then
declared the marriage void, not only because of respondent’s Assemblywoman Mercedes Cojuangco-Teodoro traced the background
psychological incapacity, but rather due to both parties’ psychological of the inclusion of the present Article 36 in the Family Code.
incapacity. Petitioner also points out that there is no requirement for the
psychologist to personally examine respondent. Further, he avers that the
"During its early meetings, the Family Law Committee had thought of
OSG is bound by the actions of the OCP because the latter represented it
including a chapter on absolute divorce in the draft of a new Family Code
during the trial; and it had been furnished copies of all the pleadings, the
(Book I of the Civil Code) that it had been tasked by the IBP and the UP
trial court orders and notices.27
Law Center to prepare. In fact, some members of the Committee were in
favor of a no-fault divorce between the spouses after a number of years
For its part, the OSG contends in its memorandum,28 that the annulment of separation, legal or de facto. Justice J.B.L. Reyes was then requested
petition filed before the RTC contains no statement of the essential to prepare a proposal for an action for dissolution of marriage and the
marital obligations that the parties failed to comply with. The root cause of effects thereof based on two grounds: (a) five continuous years of
the psychological incapacity was likewise not alleged in the petition; separation between the spouses, with or without a judicial decree of legal
neither was it medically or clinically identified. The purported incapacity of separation, and (b) whenever a married person would have obtained a
both parties was not shown to be medically or clinically permanent or decree of absolute divorce in another country. Actually, such a proposal
incurable. And the clinical psychologist did not personally examine the is one for absolute divorce but called by another name. Later, even the
respondent. Thus, the OSG concludes that the requirements in Civil Code Revision Committee took time to discuss the proposal of
Molina29 were not satisfied.30 Justice Reyes on this matter.

The Court now resolves the singular issue of whether, based on Article Subsequently, however, when the Civil Code Revision Committee and
36 of the Family Code, the marriage between the parties is null and Family Law Committee started holding joint meetings on the preparation
void.31 of the draft of the New Family Code, they agreed and formulated the
definition of marriage as —
I.
‘a special contract of permanent partnership between a man and a ‘Art. 33. The action or defense for the declaration of the absolute nullity of
woman entered into in accordance with law for the establishment of a marriage shall not prescribe.’
conjugal and family life. It is an inviolable social institution whose nature,
consequences, and incidents are governed by law and not subject to xxxxxxxxx
stipulation, except that marriage settlements may fix the property
relations during the marriage within the limits provided by law.’ It is believed that many hopelessly broken marriages in our country today
may already be dissolved or annulled on the grounds proposed by the
With the above definition, and considering the Christian traditional Joint Committee on declaration of nullity as well as annulment of
concept of marriage of the Filipino people as a permanent, inviolable, marriages, thus rendering an absolute divorce law unnecessary. In fact,
indissoluble social institution upon which the family and society are during a conference with Father Gerald Healy of the Ateneo University,
founded, and also realizing the strong opposition that any provision on as well as another meeting with Archbishop Oscar Cruz of the
absolute divorce would encounter from the Catholic Church and the Archdiocese of Pampanga, the Joint Committee was informed that since
Catholic sector of our citizenry to whom the great majority of our people Vatican II, the Catholic Church has been declaring marriages null and
belong, the two Committees in their joint meetings did not pursue the idea void on the ground of "lack of due discretion" for causes that, in other
of absolute divorce and, instead, opted for an action for judicial jurisdictions, would be clear grounds for divorce, like teen-age or
declaration of invalidity of marriage based on grounds available in the premature marriages; marriage to a man who, because of some
Canon Law. It was thought that such an action would not only be an personality disorder or disturbance, cannot support a family; the foolish or
acceptable alternative to divorce but would also solve the nagging ridiculous choice of a spouse by an otherwise perfectly normal person;
problem of church annulments of marriages on grounds not recognized marriage to a woman who refuses to cohabit with her husband or who
by the civil law of the State. Justice Reyes was, thus, requested to again refuses to have children. Bishop Cruz also informed the Committee that
prepare a draft of provisions on such action for celebration of invalidity of they have found out in tribunal work that a lot of machismo among
marriage. Still later, to avoid the overlapping of provisions on void husbands are manifestations of their sociopathic personality anomaly,
marriages as found in the present Civil Code and those proposed by like inflicting physical violence upon their wives, constitutional indolence
Justice Reyes on judicial declaration of invalidity of marriage on grounds or laziness, drug dependence or addiction, and psychosexual anomaly.34
similar to the Canon Law, the two Committees now working as a Joint
Committee in the preparation of a New Family Code decided to In her separate opinion in Molina,35 she expounded:
consolidate the present provisions on void marriages with the proposals
of Justice Reyes. The result was the inclusion of an additional kind of
At the Committee meeting of July 26, 1986, the draft provision read:
void marriage in the enumeration of void marriages in the present Civil
Code, to wit:
"(7) Those marriages contracted by any party who, at the time of the
celebration, was wanting in the sufficient use of reason or judgment to
‘(7) those marriages contracted by any party who, at the time of the
understand the essential nature of marriage or was psychologically or
celebration, was wanting in the sufficient use of reason or judgment to
mentally incapacitated to discharge the essential marital obligations, even
understand the essential nature of marriage or was psychologically or
if such lack of incapacity is made manifest after the celebration."
mentally incapacitated to discharge the essential marital obligations, even
if such lack or incapacity is made manifest after the celebration.
The twists and turns which the ensuing discussion took finally produced
the following revised provision even before the session was over:
as well as the following implementing provisions:
"(7) That contracted by any party who, at the time of the celebration, was
‘Art. 32. The absolute nullity of a marriage may be invoked or pleaded
psychologically incapacitated to discharge the essential marital
only on the basis of a final judgment declaring the marriage void, without
obligations, even if such lack or incapacity becomes manifest after the
prejudice to the provision of Article 34.’
celebration."
Noticeably, the immediately preceding formulation above has dropped 1. lack of one or more of the essential requisites of marriage as
any reference to "wanting in the sufficient use of reason or judgment to contract;
understand the essential nature of marriage" and to "mentally
incapacitated." It was explained that these phrases refer to "defects in the 2. reasons of public policy;
mental faculties vitiating consent, which is not the idea . . . but lack of
appreciation of one's marital obligation." There being a defect in consent, 3. special cases and special situations.
"it is clear that it should be a ground for voidable marriage because there
is the appearance of consent and it is capable of convalidation for the
The ground of psychological incapacity was subsumed under "special
simple reason that there are lucid intervals and there are cases when the
cases and special situations," hence, its special treatment in Art. 36 in the
insanity is curable . . . Psychological incapacity does not refer to mental
Family Code as finally enacted.
faculties and has nothing to do with consent; it refers to obligations
attendant to marriage."
Nowhere in the Civil Code provisions on Marriage is there a ground for
avoiding or annulling marriages that even comes close to being
My own position as a member of the Committee then was that
psychological in nature.
psychological incapacity is, in a sense, insanity of a lesser degree.
Where consent is vitiated due to circumstances existing at the time of the
As to the proposal of Justice Caguioa to use the term "psychological or
marriage, such marriage which stands valid until annulled is capable of
mental impotence," Archbishop Oscar Cruz opined in the earlier February
ratification or convalidation.
9, 1984 session that this term "is an invention of some churchmen who
are moralists but not canonists, that is why it is considered a weak
phrase." He said that the Code of Canon Law would rather express it as On the other hand, for reasons of public policy or lack of essential
"psychological or mental incapacity to discharge . . ." Justice Ricardo C. requisites, some marriages are void from the beginning.
Puno opined that sometimes a person may be psychologically impotent
with one but not with another. With the revision of Book I of the Civil Code, particularly the provisions on
Marriage, the drafters, now open to fresh winds of change in keeping with
One of the guidelines enumerated in the majority opinion for the the more permissive mores and practices of the time, took a leaf from the
interpretation and application of Art. 36 is: "Such incapacity must also be relatively liberal provisions of Canon Law.
shown to be medically or clinically permanent or incurable. Such
incurability may be absolute or even relative only in regard to the other Canon 1095 which states, inter alia, that the following persons are
spouse, not necessarily absolutely against everyone of the same sex." incapable of contracting marriage: "3. (those) who, because of causes of
a psychological nature, are unable to assume the essential obligations of
The Committee, through Prof. Araceli T. Barrera, considered the inclusion marriage" provided the model for what is now Art. 36 of the Family Code:
of the phrase "and is incurable" but Prof. Esteban B. Bautista commented "A marriage contracted by any party who, at the time of the celebration,
that this would give rise to the question of how they will determine was psychologically incapacitated to comply with the essential marital
curability and Justice Caguioa agreed that it would be more problematic. obligations of marriage, shall likewise be void even if such incapacity
Yet, the possibility that one may be cured after the psychological becomes manifest only after its solemnization."
incapacity becomes manifest after the marriage was not ruled out by
Justice Puno and Justice Alice Sempio-Diy. Justice Caguioa suggested It bears stressing that unlike in Civil Law, Canon Law recognizes only two
that the remedy was to allow the afflicted spouse to remarry. types of marriages with respect to their validity: valid and void. Civil Law,
however, recognizes an intermediate state, the voidable or annullable
For clarity, the Committee classified the bases for determining void marriages. When the Ecclesiastical Tribunal "annuls" a marriage, it
marriages, viz.: actually declares the marriage null and void, i.e., it never really existed in
the first place, for a valid sacramental marriage can never be dissolved.
Hence, a properly performed and consummated marriage between two
living Roman Catholics can only be nullified by the formal annulment demonstrated a cautious willingness to use this kind of hindsight, the way
process which entails a full tribunal procedure with a Court selection and was paved for what came after 1970. Diocesan Tribunals began to
a formal hearing. accept proof of serious psychological problems that manifested
themselves shortly after the ceremony as proof of an inability to give valid
Such so-called church "annulments" are not recognized by Civil Law as consent at the time of the ceremony.36
severing the marriage ties as to capacitate the parties to enter lawfully
into another marriage. The grounds for nullifying civil marriage, not being Interestingly, the Committee did not give any examples of psychological
congruent with those laid down by Canon Law, the former being more incapacity for fear that by so doing, it might limit the applicability of the
strict, quite a number of married couples have found themselves in provision under the principle of ejusdem generis. The Committee desired
limbo—freed from the marriage bonds in the eyes of the Catholic Church that the courts should interpret the provision on a case-to-case basis;
but yet unable to contract a valid civil marriage under state laws. guided by experience, the findings of experts and researchers in
Heedless of civil law sanctions, some persons contract new marriages or psychological disciplines, and by decisions of church tribunals which,
enter into live-in relationships. although not binding on the civil courts, may be given persuasive effect
since the provision itself was taken from the Canon Law.37 The law is then
It was precisely to provide a satisfactory solution to such anomalous so designed as to allow some resiliency in its application.38
situations that the Civil Law Revision Committee decided to engraft the
Canon Law concept of psychological incapacity into the Family Code— Yet, as held in Santos,39 the phrase "psychological incapacity" is not
and classified the same as a ground for declaring marriages void ab initio meant to comprehend all possible cases of psychoses. It refers to no less
or totally inexistent from the beginning. than a mental (not physical) incapacity that causes a party to be truly
noncognitive of the basic marital covenants that concomitantly must be
A brief historical note on the Old Canon Law (1917). This Old Code, while assumed and discharged by the parties to the marriage which, as
it did not provide directly for psychological incapacity, in effect, expressed by Article 6840 of the Family Code, include their mutual
recognized the same indirectly from a combination of three old canons: obligations to live together, observe love, respect and fidelity; and render
"Canon #1081 required persons to be ‘capable according to law’ in order help and support. The intendment of the law has been to confine it to the
to give valid consent; Canon #1082 required that persons ‘be at least not most serious of cases of personality disorders clearly demonstrative of an
ignorant’ of the major elements required in marriage; and Canon #1087 utter insensitivity or inability to give meaning and significance to the
(the force and fear category) required that internal and external freedom marriage.41 This interpretation is, in fact, consistent with that in Canon
be present in order for consent to be valid. This line of interpretation Law, thus:
produced two distinct but related grounds for annulment called ‘lack of
due discretion’ and ‘lack of due competence.’ Lack of due discretion 3.5.3.1. The Meaning of Incapacity to Assume. A sharp conceptual
means that the person did not have the ability to give valid consent at the distinction must be made between the second and third paragraphs of
time of the wedding and, therefore, the union is invalid. Lack of due C.1095, namely between the grave lack of discretionary judgment and
competence means that the person was incapable of carrying out the the incapacity to assume the essential obligation. Mario Pompedda, a
obligations of the promise he or she made during the wedding rotal judge, explains the difference by an ordinary, if somewhat banal,
ceremony." example. Jose wishes to sell a house to Carmela, and on the assumption
that they are capable according to positive law to enter such contract,
Favorable annulment decisions by the Roman Rota in the 1950s and there remains the object of the contract, viz, the house. The house is
1960s involving sexual disorders such as homosexuality and located in a different locality, and prior to the conclusion of the contract,
nymphomania laid the foundation for a broader approach to the kind of the house was gutted down by fire unbeknown to both of them. This is
proof necessary for psychological grounds for annulment. The Rota had the hypothesis contemplated by the third paragraph of the canon. The
reasoned for the first time in several cases that the capacity to give valid third paragraph does not deal with the psychological process of giving
consent at the time of marriage was probably not present in persons who consent because it has been established a priori that both have such a
had displayed such problems shortly after the marriage. The nature of capacity to give consent, and they both know well the object of their
this change was nothing short of revolutionary. Once the Rota itself had consent [the house and its particulars]. Rather, C.1095.3 deals with the
object of the consent/contract which does not exist. The contract is invalid prevented from properly deliberating and its judgment lacks freedom.
because it lacks its formal object. The consent as a psychological act is This line of reasoning supposes that the intellect, at the moment of
both valid and sufficient. The psychological act, however, is directed consent, is under the influence of this irresistible compulsion, with the
towards an object which is not available. Urbano Navarrete summarizes inevitable conclusion that such a decision, made as it was under these
this distinction: the third paragraph deals not with the positing of consent circumstances, lacks the necessary freedom. It would be incontrovertible
but with positing the object of consent. The person may be capable of that a decision made under duress, such as this irresistible impulse,
positing a free act of consent, but he is not capable of fulfilling the would not be a free act. But this is precisely the question: is it, as a matter
responsibilities he assumes as a result of the consent he elicits. of fact, true that the intellect is always and continuously under such an
irresistible compulsion? It would seem entirely possible, and certainly
Since the address of Pius XII to the auditors of the Roman Rota in 1941 more reasonable, to think that there are certain cases in which one who
regarding psychic incapacity with respect to marriage arising from is sexually hyperaesthetic can understand perfectly and evaluate quite
pathological conditions, there has been an increasing trend to understand maturely what marriage is and what it implies; his consent would be
as ground of nullity different from others, the incapacity to assume the juridically ineffective for this one reason that he cannot posit the object of
essential obligations of marriage, especially the incapacity which arises consent, the exclusive jus in corpus to be exercised in a normal way and
from sexual anomalies. Nymphomania is a sample which ecclesiastical with usually regularity. It would seem more correct to say that the consent
jurisprudence has studied under this rubric. may indeed be free, but is juridically ineffective because the party is
consenting to an object that he cannot deliver. The house he is selling
The problem as treated can be summarized, thus: do sexual anomalies was gutted down by fire.
always and in every case imply a grave psychopathological condition
which affects the higher faculties of intellect, discernment, and freedom; 3.5.3.2. Incapacity as an Autonomous Ground. Sabattani seems to have
or are there sexual anomalies that are purely so – that is to say, they seen his way more clearly through this tangled mess, proposing as he did
arise from certain physiological dysfunction of the hormonal system, and a clear conceptual distinction between the inability to give consent on the
they affect the sexual condition, leaving intact the higher faculties one hand, and the inability to fulfill the object of consent, on the other. It is
however, so that these persons are still capable of free human acts. The his opinion that nymphomaniacs usually understand the meaning of
evidence from the empirical sciences is abundant that there are certain marriage, and they are usually able to evaluate its implications. They
anomalies of a sexual nature which may impel a person towards sexual would have no difficulty with positing a free and intelligent consent.
activities which are not normal, either with respect to its frequency However, such persons, capable as they are of eliciting an intelligent and
[nymphomania, satyriasis] or to the nature of the activity itself [sadism, free consent, experience difficulty in another sphere: delivering the object
masochism, homosexuality]. However, these anomalies notwithstanding, of the consent. Anne, another rotal judge, had likewise treated the
it is altogether possible that the higher faculties remain intact such that a difference between the act of consenting and the act of positing the
person so afflicted continues to have an adequate understanding of what object of consent from the point of view of a person afflicted with
marriage is and of the gravity of its responsibilities. In fact, he can choose nymphomania. According to him, such an affliction usually leaves the
marriage freely. The question though is whether such a person can process of knowing and understanding and evaluating intact. What it
assume those responsibilities which he cannot fulfill, although he may be affects is the object of consent: the delivering of the goods.
able to understand them. In this latter hypothesis, the incapacity to
assume the essential obligations of marriage issues from the incapacity 3.5.3.3 Incapacity as Incapacity to Posit the Object of Consent. From the
to posit the object of consent, rather than the incapacity to posit consent selected rotal jurisprudence cited, supra, it is possible to see a certain
itself. progress towards a consensus doctrine that the incapacity to assume the
essential obligations of marriage (that is to say, the formal object of
Ecclesiastical jurisprudence has been hesitant, if not actually confused, in consent) can coexist in the same person with the ability to make a free
this regard. The initial steps taken by church courts were not too clear decision, an intelligent judgment, and a mature evaluation and weighing
whether this incapacity is incapacity to posit consent or incapacity to posit of things. The decision coram Sabattani concerning a nymphomaniac
the object of consent. A case c. Pinna, for example, arrives at the affirmed that such a spouse can have difficulty not only with regard to the
conclusion that the intellect, under such an irresistible impulse, is moment of consent but also, and especially, with regard to the
matrimonium in facto esse. The decision concludes that a person in such marriage, he was not capable of assuming them because of his
a condition is incapable of assuming the conjugal obligation of fidelity, "constitutional immorality."
although she may have no difficulty in understanding what the obligations
of marriage are, nor in the weighing and evaluating of those same Stankiewicz clarifies that the maturity and capacity of the person as
obligations. regards the fulfillment of responsibilities is determined not only at the
moment of decision but also and especially during the moment of
Prior to the promulgation of the Code of Canon Law in 1983, it was not execution of decision. And when this is applied to constitution of the
unusual to refer to this ground as moral impotence or psychic impotence, marital consent, it means that the actual fulfillment of the essential
or similar expressions to express a specific incapacity rooted in some obligations of marriage is a pertinent consideration that must be factored
anomalies and disorders in the personality. These anomalies leave intact into the question of whether a person was in a position to assume the
the faculties of the will and the intellect. It is qualified as moral or psychic, obligations of marriage in the first place. When one speaks of the inability
obviously to distinguish it from the impotence that constitutes the of the party to assume and fulfill the obligations, one is not looking at
impediment dealt with by C.1084. Nonetheless, the anomalies render the matrimonium in fieri, but also and especially at matrimonium in facto
subject incapable of binding himself in a valid matrimonial pact, to the esse. In [the] decision of 19 Dec. 1985, Stankiewicz collocated the
extent that the anomaly renders that person incapable of fulfilling the incapacity of the respondent to assume the essential obligations of
essential obligations. According to the principle affirmed by the long marriage in the psychic constitution of the person, precisely on the basis
tradition of moral theology: nemo ad impossibile tenetur. of his irresponsibility as regards money and his apathy as regards the
rights of others that he had violated. Interpersonal relationships are
xxxx invariably disturbed in the presence of this personality disorder. A lack of
empathy (inability to recognize and experience how others feel) is
3.5.3.5 Indications of Incapacity. There is incapacity when either or both common. A sense of entitlement, unreasonable expectation, especially
of the contractants are not capable of initiating or maintaining this favorable treatment, is usually present. Likewise common is interpersonal
consortium. One immediately thinks of those cases where one of the exploitativeness, in which others are taken advantage of in order to
parties is so self-centered [e.g., a narcissistic personality] that he does achieve one’s ends.
not even know how to begin a union with the other, let alone how to
maintain and sustain such a relationship. A second incapacity could be Authors have made listings of obligations considered as essential
due to the fact that the spouses are incapable of beginning or maintaining matrimonial obligations. One of them is the right to the communio vitae.
a heterosexual consortium, which goes to the very substance of This and their corresponding obligations are basically centered around
matrimony. Another incapacity could arise when a spouse is unable to the good of the spouses and of the children. Serious psychic anomalies,
concretize the good of himself or of the other party. The canon speaks, which do not have to be necessarily incurable, may give rise to the
not of the bonum partium, but of the bonum conjugum. A spouse who is incapacity to assume any, or several, or even all of these rights. There
capable only of realizing or contributing to the good of the other party qua are some cases in which interpersonal relationship is impossible. Some
persona rather than qua conjunx would be deemed incapable of characteristic features of inability for interpersonal relationships in
contracting marriage. Such would be the case of a person who may be marriage include affective immaturity, narcissism, and antisocial traits.
quite capable of procuring the economic good and the financial security
of the other, but not capable of realizing the bonum conjugale of the Marriage and Homosexuality. Until 1967, it was not very clear under what
other. These are general strokes and this is not the place for detained rubric homosexuality was understood to be invalidating of marriage – that
and individual description. is to say, is homosexuality invalidating because of the inability to evaluate
the responsibilities of marriage, or because of the inability to fulfill its
A rotal decision c. Pinto resolved a petition where the concrete obligations. Progressively, however, rotal jurisprudence began to
circumstances of the case concerns a person diagnosed to be suffering understand it as incapacity to assume the obligations of marriage so that
from serious sociopathy. He concluded that while the respondent may by 1978, Parisella was able to consider, with charity, homosexuality as an
have understood, on the level of the intellect, the essential obligations of autonomous ground of nullity. This is to say that a person so afflicted is
said to be unable to assume the essential obligations of marriage. In this
same rotal decision, the object of matrimonial consent is understood to thereby presented evidence in the form of testimony. Importantly, the
refer not only to the jus in corpus but also the consortium totius vitae. The Court, aware of parallel decisions of Catholic marriage tribunals, ruled
third paragraph of C.1095 [incapacity to assume the essential obligations that the senseless and protracted refusal of one of the parties to fulfill the
of marriage] certainly seems to be the more adequate juridical structure marital obligation of procreating children is equivalent to psychological
to account for the complex phenomenon that homosexuality is. The incapacity.
homosexual is not necessarily impotent because, except in very few
exceptional cases, such a person is usually capable of full sexual The resiliency with which the concept should be applied and the case-to-
relations with the spouse. Neither is it a mental infirmity, and a person so case basis by which the provision should be interpreted, as so intended
afflicted does not necessarily suffer from a grave lack of due discretion by its framers, had, somehow, been rendered ineffectual by the
because this sexual anomaly does not by itself affect the critical, volitive, imposition of a set of strict standards in Molina,46 thus:
and intellectual faculties. Rather, the homosexual person is unable to
assume the responsibilities of marriage because he is unable to fulfill this From their submissions and the Court's own deliberations, the following
object of the matrimonial contract. In other words, the invalidity lies, not guidelines in the interpretation and application of Art. 36 of the Family
so much in the defect of consent, as in the defect of the object of Code are hereby handed down for the guidance of the bench and the bar:
consent.
(1) The burden of proof to show the nullity of the marriage
3.5.3.6 Causes of Incapacity. A last point that needs to be addressed is belongs to the plaintiff. Any doubt should be resolved in favor of
the source of incapacity specified by the canon: causes of a the existence and continuation of the marriage and against its
psychological nature. Pompedda proffers the opinion that the clause is a dissolution and nullity. This is rooted in the fact that both our
reference to the personality of the contractant. In other words, there must Constitution and our laws cherish the validity of marriage and
be a reference to the psychic part of the person. It is only when there is unity of the family. Thus, our Constitution devotes an entire Article
something in the psyche or in the psychic constitution of the person which on the Family, recognizing it "as the foundation of the nation." It
impedes his capacity that one can then affirm that the person is incapable decrees marriage as legally "inviolable," thereby protecting it from
according to the hypothesis contemplated by C.1095.3. A person is dissolution at the whim of the parties. Both the family and
judged incapable in this juridical sense only to the extent that he is found marriage are to be "protected" by the state.
to have something rooted in his psychic constitution which impedes the
assumption of these obligations. A bad habit deeply engrained in one’s
The Family Code echoes this constitutional edict on marriage and
consciousness would not seem to qualify to be a source of this
the family and emphasizes their permanence, inviolability and
invalidating incapacity. The difference being that there seems to be some
solidarity.
freedom, however remote, in the development of the habit, while one
accepts as given one’s psychic constitution. It would seem then that the
law insists that the source of the incapacity must be one which is not the (2) The root cause of the psychological incapacity must be (a)
fruit of some degree of freedom.42 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
Conscious of the law’s intention that it is the courts, on a case-to-case
incapacity must be psychological—not physical, although its
basis, that should determine whether a party to a marriage is
manifestations and/or symptoms may be physical. The evidence
psychologically incapacitated, the Court, in sustaining the lower court’s
must convince the court that the parties, or one of them, was
judgment of annulment in Tuason v. Court of Appeals,43 ruled that the
mentally or psychically ill to such an extent that the person could
findings of the trial court are final and binding on the appellate courts.44
not have known the obligations he was assuming, or knowing
them, could not have given valid assumption thereof. Although no
Again, upholding the trial court’s findings and declaring that its decision example of such incapacity need be given here so as not to limit
was not a judgment on the pleadings, the Court, in Tsoi v. Court of the application of the provision under the principle of ejusdem
Appeals,45 explained that when private respondent testified under oath generis, nevertheless such root cause must be identified as a
before the lower court and was cross-examined by the adverse party, she
psychological illness and its incapacitating nature fully explained. controlling or decisive, should be given great respect by our
Expert evidence may be given by qualified psychiatrists and courts. It is clear that Article 36 was taken by the Family Code
clinical psychologists. Revision Committee from Canon 1095 of the New Code of Canon
Law, which became effective in 1983 and which provides:
(3) The incapacity must be proven to be existing at "the time of
the celebration" of the marriage. The evidence must show that the "The following are incapable of contracting marriage: Those who
illness was existing when the parties exchanged their "I do's." The are unable to assume the essential obligations of marriage due to
manifestation of the illness need not be perceivable at such time, causes of psychological nature."
but the illness itself must have attached at such moment, or prior
thereto. Since the purpose of including such provision in our Family Code
is to harmonize our civil laws with the religious faith of our people,
(4) Such incapacity must also be shown to be medically or it stands to reason that to achieve such harmonization, great
clinically permanent or incurable. Such incurability may be persuasive weight should be given to decisions of such appellate
absolute or even relative only in regard to the other spouse, not tribunal. Ideally— subject to our law on evidence—what is
necessarily absolutely against everyone of the same sex. decreed as canonically invalid should also be decreed civilly void.
Furthermore, such incapacity must be relevant to the assumption
of marriage obligations, not necessarily to those not related to This is one instance where, in view of the evident source and
marriage, like the exercise of a profession or employment in a purpose of the Family Code provision, contemporaneous religious
job. Hence, a pediatrician may be effective in diagnosing illnesses interpretation is to be given persuasive effect. Here, the State and
of children and prescribing medicine to cure them but may not be the Church—while remaining independent, separate and apart
psychologically capacitated to procreate, bear and raise his/her from each other—shall walk together in synodal cadence towards
own children as an essential obligation of marriage. the same goal of protecting and cherishing marriage and the
family as the inviolable base of the nation.
(5) Such illness must be grave enough to bring about the
disability of the party to assume the essential obligations of (8) The trial court must order the prosecuting attorney or fiscal
marriage. Thus, "mild characterological peculiarities, mood and the Solicitor General to appear as counsel for the state. No
changes, occasional emotional outbursts" cannot be accepted as decision shall be handed down unless the Solicitor General
root causes. The illness must be shown as downright incapacity issues a certification, which will be quoted in the decision, briefly
or inability, not a refusal, neglect or difficulty, much less ill will. In stating therein his reasons for his agreement or opposition, as the
other words, there is a natal or supervening disabling factor in the case may be, to the petition. The Solicitor General, along with the
person, an adverse integral element in the personality structure prosecuting attorney, shall submit to the court such certification
that effectively incapacitates the person from really accepting and within fifteen (15) days from the date the case is deemed
thereby complying with the obligations essential to marriage. submitted for resolution of the court. The Solicitor General shall
discharge the equivalent function of the defensor vinculi
(6) The essential marital obligations must be those embraced by contemplated under Canon 1095.47
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 Noteworthy is that in Molina, while the majority of the Court’s membership
in regard to parents and their children. Such non-complied marital concurred in the ponencia of then Associate Justice (later Chief Justice)
obligation(s) must also be stated in the petition, proven by Artemio V. Panganiban, three justices concurred "in the result" and
evidence and included in the text of the decision. another three—including, as aforesaid, Justice Romero—took pains to
compose their individual separate opinions. Then Justice Teodoro R.
(7) Interpretations given by the National Appellate Matrimonial Padilla even emphasized that "each case must be judged, not on the
Tribunal of the Catholic Church in the Philippines, while not basis of a priori assumptions, predelictions or generalizations, but
according to its own facts. In the field of psychological incapacity as a bond. It may be stressed that the infliction of physical violence,
ground for annulment of marriage, it is trite to say that no case is on ‘all constitutional indolence or laziness, drug dependence or addiction, and
fours’ with another case. The trial judge must take pains in examining the psychosexual anomaly are manifestations of a sociopathic personality
factual milieu and the appellate court must, as much as possible, avoid anomaly.53 Let it be noted that in Article 36, there is no marriage to speak
substituting its own judgment for that of the trial court."48 of in the first place, as the same is void from the very beginning.54 To
indulge in imagery, the declaration of nullity under Article 36 will simply
Predictably, however, in resolving subsequent cases,49 the Court has provide a decent burial to a stillborn marriage.
applied the aforesaid standards, without too much regard for the law’s
clear intention that each case is to be treated differently, as "courts The prospect of a possible remarriage by the freed spouses should not
should interpret the provision on a case-to-case basis; guided by pose too much of a concern for the Court. First and foremost, because it
experience, the findings of experts and researchers in psychological is none of its business. And second, because the judicial declaration of
disciplines, and by decisions of church tribunals." psychological incapacity operates as a warning or a lesson learned. On
one hand, the normal spouse would have become vigilant, and never
In hindsight, it may have been inappropriate for the Court to impose a again marry a person with a personality disorder. On the other hand, a
rigid set of rules, as the one in Molina, in resolving all cases of would-be spouse of the psychologically incapacitated runs the risk of the
psychological incapacity. Understandably, the Court was then alarmed by latter’s disorder recurring in their marriage.
the deluge of petitions for the dissolution of marital bonds, and was
sensitive to the OSG’s exaggeration of Article 36 as the "most liberal Lest it be misunderstood, we are not suggesting the abandonment of
divorce procedure in the world."50 The unintended consequences of Molina in this case. We simply declare that, as aptly stated by Justice
Molina, however, has taken its toll on people who have to live with Dante O. Tinga in Antonio v. Reyes,55 there is need to emphasize other
deviant behavior, moral insanity and sociopathic personality anomaly, perspectives as well which should govern the disposition of petitions for
which, like termites, consume little by little the very foundation of their declaration of nullity under Article 36. At the risk of being redundant, we
families, our basic social institutions. Far from what was intended by the reiterate once more the principle that each case must be judged, not on
Court, Molina has become a strait-jacket, forcing all sizes to fit into and the basis of a priori assumptions, predilections or generalizations but
be bound by it. Wittingly or unwittingly, the Court, in conveniently applying according to its own facts. And, to repeat for emphasis, courts should
Molina, has allowed diagnosed sociopaths, schizophrenics, interpret the provision on a case-to-case basis; guided by experience, the
nymphomaniacs, narcissists and the like, to continuously debase and findings of experts and researchers in psychological disciplines, and by
pervert the sanctity of marriage. Ironically, the Roman Rota has annulled decisions of church tribunals.
marriages on account of the personality disorders of the said
individuals.51 II.

The Court need not worry about the possible abuse of the remedy We now examine the instant case.
provided by Article 36, for there are ample safeguards against this
contingency, among which is the intervention by the State, through the The parties’ whirlwind relationship lasted more or less six (6) months.
public prosecutor, to guard against collusion between the parties and/or They met in January 1996, eloped in March, exchanged marital vows in
fabrication of evidence.52 The Court should rather be alarmed by the May, and parted ways in June. The psychologist who provided expert
rising number of cases involving marital abuse, child abuse, domestic testimony found both parties psychologically incapacitated. Petitioner’s
violence and incestuous rape. behavioral pattern falls under the classification of dependent personality
disorder, and respondent’s, that of the narcissistic and antisocial
In dissolving marital bonds on account of either party’s psychological personality disorder.56
incapacity, the Court is not demolishing the foundation of families, but it is
actually protecting the sanctity of marriage, because it refuses to allow a By the very nature of Article 36, courts, despite having the primary task
person afflicted with a psychological disorder, who cannot comply with or and burden of decision-making, must not discount but, instead, must
assume the essential marital obligations, from remaining in that sacred
consider as decisive evidence the expert opinion on the psychological fulfillment of the obligations of marriage depends, according to Church
and mental temperaments of the parties.57 decisions, on the strength of this interpersonal relationship. A serious
incapacity for interpersonal sharing and support is held to impair the
Justice Romero explained this in Molina, as follows: relationship and consequently, the ability to fulfill the essential marital
obligations. The marital capacity of one spouse is not considered in
Furthermore, and equally significant, the professional opinion of a isolation but in reference to the fundamental relationship to the other
psychological expert became increasingly important in such cases. Data spouse.
about the person's entire life, both before and after the ceremony, were
presented to these experts and they were asked to give professional Fr. Green, in an article in Catholic Mind, lists six elements necessary to
opinions about a party's mental capacity at the time of the wedding. the mature marital relationship:
These opinions were rarely challenged and tended to be accepted as
decisive evidence of lack of valid consent. "The courts consider the following elements crucial to the marital
commitment: (1) a permanent and faithful commitment to the marriage
The Church took pains to point out that its new openness in this area did partner; (2) openness to children and partner; (3) stability; (4) emotional
not amount to the addition of new grounds for annulment, but rather was maturity; (5) financial responsibility; (6) an ability to cope with the ordinary
an accommodation by the Church to the advances made in psychology stresses and strains of marriage, etc."
during the past decades. There was now the expertise to provide the all-
important connecting link between a marriage breakdown and premarital Fr. Green goes on to speak about some of the psychological conditions
causes. that might lead to the failure of a marriage:

During the 1970s, the Church broadened its whole idea of marriage from "At stake is a type of constitutional impairment precluding conjugal
that of a legal contract to that of a covenant. The result of this was that it communion even with the best intentions of the parties. Among the
could no longer be assumed in annulment cases that a person who could psychic factors possibly giving rise to his or her inability to fulfill marital
intellectually understand the concept of marriage could necessarily give obligations are the following: (1) antisocial personality with its
valid consent to marry. The ability to both grasp and assume the real fundamental lack of loyalty to persons or sense of moral values; (2)
obligations of a mature, lifelong commitment are now considered a hyperesthesia, where the individual has no real freedom of sexual choice;
necessary prerequisite to valid matrimonial consent. (3) the inadequate personality where personal responses consistently fall
short of reasonable expectations.
Rotal decisions continued applying the concept of incipient psychological
incapacity, "not only to sexual anomalies but to all kinds of personality xxxx
disorders that incapacitate a spouse or both spouses from assuming or
carrying out the essential obligations of marriage. For marriage . . . is not The psychological grounds are the best approach for anyone who doubts
merely cohabitation or the right of the spouses to each other's body for whether he or she has a case for an annulment on any other terms. A
heterosexual acts, but is, in its totality the right to the community of the situation that does not fit into any of the more traditional categories often
whole of life; i.e., the right to a developing lifelong relationship. Rotal fits very easily into the psychological category.
decisions since 1973 have refined the meaning of psychological or
psychic capacity for marriage as presupposing the development of an As new as the psychological grounds are, experts are already detecting a
adult personality; as meaning the capacity of the spouses to give shift in their use. Whereas originally the emphasis was on the parties'
themselves to each other and to accept the other as a distinct person; inability to exercise proper judgment at the time of the marriage (lack of
that the spouses must be ‘other oriented’ since the obligations of due discretion), recent cases seem to be concentrating on the parties'
marriage are rooted in a self-giving love; and that the spouses must have incapacity to assume or carry out their responsibilities and obligations as
the capacity for interpersonal relationship because marriage is more than promised (lack of due competence). An advantage to using the ground of
just a physical reality but involves a true intertwining of personalities. The lack of due competence is that at the time the marriage was entered into
civil divorce and breakup of the family almost always is proof of The common factor among individuals who have personality disorders,
someone's failure to carry out marital responsibilities as promised at the despite a variety of character traits, is the way in which the disorder leads
time the marriage was entered into."58 1avvphi 1 to pervasive problems in social and occupational adjustment. Some
individuals with personality disorders are perceived by others as
Hernandez v. Court of Appeals59 emphasizes the importance of overdramatic, paranoid, obnoxious or even criminal, without an
presenting expert testimony to establish the precise cause of a party’s awareness of their behaviors. Such qualities may lead to trouble getting
psychological incapacity, and to show that it existed at the inception of along with other people, as well as difficulties in other areas of life and
the marriage. And as Marcos v. Marcos60 asserts, there is no requirement often a tendency to blame others for their problems. Other individuals
that the person to be declared psychologically incapacitated be with personality disorders are not unpleasant or difficult to work with but
personally examined by a physician, if the totality of evidence presented tend to be lonely, isolated or dependent. Such traits can lead to
is enough to sustain a finding of psychological incapacity.61 Verily, the interpersonal difficulties, reduced self-esteem and dissatisfaction with life.
evidence must show a link, medical or the like, between the acts that
manifest psychological incapacity and the psychological disorder itself. Causes of Personality Disorders Different mental health viewpoints
propose a variety of causes of personality disorders. These include
This is not to mention, but we mention nevertheless for emphasis, that Freudian, genetic factors, neurobiologic theories and brain wave activity.
the presentation of expert proof presupposes a thorough and in-depth
assessment of the parties by the psychologist or expert, for a conclusive Freudian Sigmund Freud believed that fixation at certain stages of
diagnosis of a grave, severe and incurable presence of psychological development led to certain personality types. Thus, some disorders as
incapacity.62 Parenthetically, the Court, at this point, finds it fitting to described in the Diagnostic and Statistical Manual of Mental Disorders
suggest the inclusion in the Rule on Declaration of Absolute Nullity of (3d ed., rev.) are derived from his oral, anal and phallic character types.
Void Marriages and Annulment of Voidable Marriages,63 an option for the Demanding and dependent behavior (dependent and passive-
trial judge to refer the case to a court-appointed psychologist/expert for aggressive) was thought to derive from fixation at the oral stage.
an independent assessment and evaluation of the psychological state of Characteristics of obsessionality, rigidity and emotional aloofness were
the parties. This will assist the courts, who are no experts in the field of thought to derive from fixation at the anal stage; fixation at the phallic
psychology, to arrive at an intelligent and judicious determination of the stage was thought to lead to shallowness and an inability to engage in
case. The rule, however, does not dispense with the parties’ prerogative intimate relationships. However, later researchers have found little
lawphil.net

to present their own expert witnesses. evidence that early childhood events or fixation at certain stages of
development lead to specific personality patterns.
Going back, in the case at bench, the psychological assessment, which
we consider as adequate, produced the findings that both parties are Genetic Factors Researchers have found that there may be a genetic
afflicted with personality disorders—to repeat, dependent personality factor involved in the etiology of antisocial and borderline personality
disorder for petitioner, and narcissistic and antisocial personality disorder disorders; there is less evidence of inheritance of other personality
for respondent. We note that The Encyclopedia of Mental Health disorders. Some family, adoption and twin studies suggest that
discusses personality disorders as follows— schizotypal personality may be related to genetic factors.

A group of disorders involving behaviors or traits that are characteristic of Neurobiologic Theories In individuals who have borderline personality,
a person’s recent and long-term functioning. Patterns of perceiving and researchers have found that low cerebrospinal fluid 5-hydroxyindoleacetic
thinking are not usually limited to isolated episodes but are deeply acid (5-HIAA) negatively correlated with measures of aggression and a
ingrained, inflexible, maladaptive and severe enough to cause the past history of suicide attempts. Schizotypal personality has been
individual mental stress or anxieties or to interfere with interpersonal associated with low platelet monoamine oxidase (MAO) activity and
relationships and normal functioning. Personality disorders are often impaired smooth pursuit eye movement.
recognizable by adolescence or earlier, continue through adulthood and
become less obvious in middle or old age. An individual may have more
than one personality disorder at a time.
Brain Wave Activity Abnormalities in electroencephalograph (EEG) have make most of their important decisions (such as where to live), tend to
been reported in antisocial personality for many years; slow wave is the agree with people even when they believe they are wrong, have difficulty
most widely reported abnormality. A study of borderline patients reported starting projects or doing things on their own, volunteer to do things that
that 38 percent had at least marginal EEG abnormalities, compared with are demeaning in order to get approval from other people, feel
19 percent in a control group. uncomfortable or helpless when alone and are often preoccupied with
fears of being abandoned.65 and antisocial personality disorder described,
Types of Disorders According to the American Psychiatric Association’s as follows—
Diagnostic and Statistical Manual of Mental Disorders (3d ed., rev.,
1987), or DSM-III-R, personality disorders are categorized into three Characteristics include a consistent pattern of behavior that is intolerant
major clusters: of the conventional behavioral limitations imposed by a society, an
inability to sustain a job over a period of years, disregard for the rights of
Cluster A: Paranoid, schizoid and schizotypal personality disorders. others (either through exploitiveness or criminal behavior), frequent
Individuals who have these disorders often appear to have odd or physical fights and, quite commonly, child or spouse abuse without
eccentric habits and traits. remorse and a tendency to blame others. There is often a façade of
charm and even sophistication that masks disregard, lack of remorse for
Cluster B: Antisocial, borderline, histrionic and narcissistic personality mistreatment of others and the need to control others.
disorders. Individuals who have these disorders often appear overly
emotional, erratic and dramatic. Although characteristics of this disorder describe criminals, they also may
befit some individuals who are prominent in business or politics whose
Cluster C: Avoidant, dependent, obsessive-compulsive and passive- habits of self-centeredness and disregard for the rights of others may be
aggressive personality disorders. Individuals who have these disorders hidden prior to a public scandal.
often appear anxious or fearful.
During the 19th century, this type of personality disorder was referred to
The DSM-III-R also lists another category, "personality disorder not as moral insanity. The term described immoral, guiltless behavior that
otherwise specified," that can be used for other specific personality was not accompanied by impairments in reasoning. lawphil.net

disorders or for mixed conditions that do not qualify as any of the specific
personality disorders. According to the classification system used in the Diagnostic and
Statistical Manual of Mental Disorders (3d ed., rev. 1987), anti-social
Individuals with diagnosable personality disorders usually have long-term personality disorder is one of the four "dramatic" personality disorders,
concerns, and thus therapy may be long-term.64 the others being borderline, histrionic and narcissistic.66

Dependent personality disorder is characterized in the following The seriousness of the diagnosis and the gravity of the disorders
manner— considered, the Court, in this case, finds as decisive the psychological
evaluation made by the expert witness; and, thus, rules that the marriage
of the parties is null and void on ground of both parties’ psychological
A personality disorder characterized by a pattern of dependent and
incapacity. We further consider that the trial court, which had a first-hand
submissive behavior. Such individuals usually lack self-esteem and
view of the witnesses’ deportment, arrived at the same conclusion.
frequently belittle their capabilities; they fear criticism and are easily hurt
by others’ comments. At times they actually bring about dominance by
others through a quest for overprotection. Indeed, petitioner, who is afflicted with dependent personality disorder,
cannot assume the essential marital obligations of living together,
observing love, respect and fidelity and rendering help and support, for
Dependent personality disorder usually begins in early adulthood.
he is unable to make everyday decisions without advice from others,
Individuals who have this disorder may be unable to make everyday
allows others to make most of his important decisions (such as where to
decisions without advice or reassurance from others, may allow others to
live), tends to agree with people even when he believes they are wrong,
has difficulty doing things on his own, volunteers to do things that are
demeaning in order to get approval from other people, feels
uncomfortable or helpless when alone and is often preoccupied with fears
of being abandoned.67 As clearly shown in this case, petitioner followed
everything dictated to him by the persons around him. He is insecure,
weak and gullible, has no sense of his identity as a person, has no
cohesive self to speak of, and has no goals and clear direction in life.

Although on a different plane, the same may also be said of the

respondent. Her being afflicted with antisocial personality disorder makes
her unable to assume the essential marital obligations. This finding takes
into account her disregard for the rights of others, her abuse,
mistreatment and control of others without remorse, her tendency to
blame others, and her intolerance of the conventional behavioral
limitations imposed by society.68 Moreover, as shown in this case,
respondent is impulsive and domineering; she had no qualms in
manipulating petitioner with her threats of blackmail and of committing
suicide.

Both parties being afflicted with grave, severe and incurable

psychological incapacity, the precipitous marriage which they contracted
on April 23, 1996 is thus, declared null and void.

WHEREFORE, premises considered, the petition for review on certiorari

is GRANTED. The August 5, 2003 Decision and the January 19, 2004
Resolution of the Court of Appeals in CA-G.R. CV No. 71867 are
REVERSED and SET ASIDE, and the Decision, dated July 30, 2001,
REINSTATED.

SO ORDERED.