Article 36 of the Family Code Flashcards
What is Article 36 of the Family Code?
ARTICLE 36
A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential martial obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.
(*Amended by EO 227 on July 17, 1987)
When and how was Article 36 Amended?
Amended by EO 227 on July 17, 1987 (7/17/1987)
What is PSYCHOLOGICAL INCAPACITY?
- No definition; courts define on case-to-case basis
- Dependendent on the facts of the case
- A code should not have many definitions as it would constrict the concept – one case would be excluded by another definition.
Psychological Capacity pertains to?
- Not to be confused with INSANITY – total mental inability to function in all aspects of life.
- We only refer to PSYCH. INCAPACITY “inability to comply with the essential marital obligations.”
- INCAPACITY = prevents them from performing their marital duties
- Constant senseless refusal to comply with obligations even if one is physically capable to
Ex: Person can be super effective in professional life but prioritizes such over family matters.
When can PSYCHOLOGICAL INCAPACITY be known to be present in a person?
Can Psychological Capacity be CURED?
- The incapacity must exist at the time of the marriage ceremony BUT can also manifest during marriage.
- Since it is ground for nullity, it CANNOT be cured.
- Cohabitation and rearing of children will not cure the void marriage.
SANTOS V. COA & BEDIA-SANTOS
FACTS:
Leouel was a lieutenant who married Julia in Iloilo on September 20, 1986. Their love was shaky because Julia’s parents were always meddling in their affairs, which would be a subject of their fights. Julia leaves for the U.S. on May 1988. 7 months later, Julia calls Leouel for the first time and promises to return home upon expiration of her contract in July 1989. Leouel files for nullity of marriage as her behavior constitutes refusal to perform marital duties. Julia responds and says that it was he who was incapable since he was always in the army. She refused to submit evidence or appear in court.
ISSUES:
W/N Leouel’s petition for declaration of nullity will be accepted.
HELD:
- The RTC and the COA denied his petition for lack of merit.
- The SC denied the petition as the problem was not close to the definition of psychological incapacity which they came up based on the facts of the case.
What are the 2 interpretations of Psechological Incapacity according to Caguioa?
2 INTERPRETATIONS OF PSYCH INCAPACITY
- Vitiation of consent: One does not know the consequences of marriage.
- If he had known, he would not have consented to contract marriage.
What’s the Difference between Insanity and Psychological Incapacity?
Insanity has defect in consent, w/c is grounds for voidable marriage.
- Appearance of consent
- Lucid intervals of clarity
- Curable medically
Psychological Incapacity refers to obligations attendant to marriage ONLY.
Did the commitee give EXAMPLES of psychological incapacity?
NO.
- The committee did not give examples of psych incapacity because it would limit the applicability of the code (ejusdem generis)
To be judged on a CASE-TO-CASE basis instead.
- Guided by:
- experience,
- expert opinion and
- decisions of church tribunals (not binding)
What are the SIMILAR provisions from Canon Law with Article 36?
SIMILAR PROVISION IN NEW CANON LAW CODE
Canon 1095: They are incapable of contracting marriage:
- Who lack sufficient use of reason
- Who suffer from grave defect of discretion of judgment concerning martrimonial duties
- For causes of psychological nature are unable to assume the essential marital obligations
Briefly EXPLAIN the history of CANON 1095..
HISTORY OF CANON 1095 by LADISLAS ORSY
1st - “Those who cannot assume the essential obligations of marriage because of a grave psycho-sexual anomaly are unable to contract marriage
2nd – “…because of a grave psychological anomaly”
3rd – “…because of causes of a psychological nature”
Acc to the BOOK: CANONS AND COMMENTARIES ON MARRIAGE BY GRAMUNT, HERVADA, WAUCK
What does “incapacity” refer to?
The INCAPACITY refers to
- Inability to commit oneself to the essentials of marriage – consists of real inability to render what is due by contract.
- Inability to commit oneself must refer to the essential obligations of marriage.
- Tantamount to psychological abnormality – mere difficulty to assume obligations is not counted (can be overcome with normal effort)
*must be proven that the person was indeed deprived of the ability to assume marital obligations.
According to to Justice Dy on Dr. Gerard Veloso: How does one CHARACTERIZE Psychological Incapacity?
Psychological Incapacity must be characterized by:
1. Gravity
- Incapacity must be grave/serious that the party is unable to carry out ordinary duties required in marriage
2. Juridical Antecedence
- Rooted in history of party w/c can manifest only after marriage
3. Incurability
- Incurable beyond the control of the person
What is the Summary Decision based on all such Deliberations by the committee?
BASED ON ALL SUCH DELIBERATIONS
- Incapacity should not include simple psychoses like low intelligence, immaturity, etc.
- Must stand with existing precepts of marriage law
- REALLY JUST refers to inability to assume basic marital obligations such as mutual love, respect, rendering help and support, etc.
What are other CONDITIONS?
OTHER CONDITIONS
- Psychoses such as drug addiction, alcoholism, homosexuality are merely VOIDABLE (Art. 46) (at conception of marriage)
- If during marriage – grounds only for SEPARATION
CONSTITUTIONAL CONSIDERATION
- Article 36 is considered as the code which protects the constitutional right of marital life
- Its aim is to defend against marriages ill-equipped to promote family life.
