10 RULES GOVERNING PSYCHOLOGICAL INCAPACITY CASES

These are the Supreme Court Guidelines in the interpretation and application of Article 36 based from the book of “The Law on Annulment of Marriage”.

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.
2. The root cause of the Psychological Incapacity must be:
a. medically and clinically identified
b. alleged in the complaint
c. sufficiently proven by experts
d. clearly explained in the decision
3. The incapacity must be proven to be existed at the time of the celebration of marriage. The evidence must show that the illness was existing when the parties exchanged their vows.
4. The 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 absolute against everyone of the same sex.
5. The illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage. Mild charactereological peculiarities, mood changes, occasional emotional outbursts cannot be accepted as root causes. The illness must be shown as downright incapacity or inability, not refusal, neglect or difficulty, much less ill will.
6. The essential marital obligations must be embraced by Article 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the Family Code in regard to parents and their children. The non-compliance of these marital duties must be stated in the petition, proven by evidence and included in the decision.
7. The interpretations of the National Appellate Matrimonial Tribunal of the Catholic Church of the Philippines, while not controlling, should be given great weight by our courts.
8. The Trial Court must order the prosecuting attorney and the Solicitor General to appear as Counsel for the State (defensor vinculi).
9. No decision should be handed down unless the Solicitor General issues a certification which will be quoted in the decision, briefly stating his reasons for his agreement or opposition to the petition.
10. The Solicitor General along with the prosecuting attorney shall submit the certification within fifteen (15) days from the date the case is deemed submitted for resolution by the court. (Republic of the Philippines v. CA and Molina, 268 SCRA 198).