Grounds for declaration of nullity of marriage

Dear PAO,
I am an Australian male and I am very interested in a particular woman from the Philippines. We have met several times and are both interested in taking the relationship further. Her three children approve of me, which is great. However, she is married. On the other hand, she has been separated from her husband following a long history of physical abuse.

I read your explanation on annulment under Article 45 of the Family Code of the Philippines, but it does not seem to fit her situation. I was wondering what the declaration of nullity involved, and in what circumstances could it be used?

Under Australian law, I would be able to bring her into the country under a de facto relationship if we had been living together for say, 12 months. Unfortunately, this would be very difficult, as I would have to leave my job and would not be able to make payments on my house. This would mean I would not be in a position to support her and the children as I would need to, and this may just lead to more pain for the family.

I am hoping that you can clarify some of these points for me.
Regards,
Brett

Dear Brett,
We are quite moved by your good intention towards the Filipino woman who has been separated from her husband in wanting to assume the responsibility of becoming a good provider to her and to her three children. However, we have to impress upon you that your girlfriend being married cannot just enter into another relationship without her marriage being dissolved. If we are to consider your narration in regard to the marriage of your girlfriend, as you have correctly said, a Petition for Annulment of Marriage based on any of the grounds mentioned under Article 45 of the Family Code of the Philippines is not the applicable remedy for your girlfriend in order to have her marriage annulled.

The most possible action which she may do for the dissolution of her previous marriage is to file a Petition for Declaration of Nullity of Marriage on the ground of psychological incapacity in accordance with Article 36 of the Family Code, as amended, which provides, to wit:

“Art. 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.”

Psychological incapacity is the inability of one or both spouses to comply with the essential marital obligations of marriage. In a plethora of cases, it was held that psychological incapacity should refer to no less than a mental (not physical) incapacity that causes a party to be truly incognitive 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. There is hardly any doubt that the intention of the law has been to confine the meaning of ‘psychological incapacity’ to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage. This psychological condition must exist at the time the marriage is celebrated. (Lorna Guillen Pesca v Zosimo A. Pesca, GR 136921, April 17, 2001 citing Santos vs. Court of Appeals, 240 SCRA 20)

Furthermore, psychological incapacity is psychosomatic and deals with a state of mind and thus, can only be proven by indicators or external manifestations of the person claimed to be psychologically incapacitated. These indicators must be clearly alleged in the complaint filed in court (Persons and Family Relations Law, Fourth Edition, Melencio S. Sta. Maria, Jr., page 204). Thus, what needs to be alleged and proven by your girlfriend in the petition she is to file is the act of her husband in inflicting physical harm not only to her but also to their children and other factors or indicators that are caused by his incapability to discharge his obligations arising from the marriage as provided for by the Family Code.

As a rule, there is no need for an actual medical examination (\t “_blank” Republic v Quintero-Hamano, GR 149498, 20 May 2004). However, in the course of the proceedings, expert testimonies of a psychologist or psychiatrist evaluating the behavioral pattern of the person alleged to be psychologically incapacitated are extremely helpful (Persons and Family Relations Law, Fourth Edition, Melencio S. Sta. Maria, Jr., page 207 citing Matias vs. Dagdag, GR 109975, February 9, 2001 and Hernandez v Court of Appeals, GR 126010, December 8, 1999). Thus, it would be of great help if your girlfriend can present the testimony of a psychologist or psychiatrist medically or clinically identifying the illness of her husband.

It bears stressing further that such petition should be filed before the Regional Trial Court of the place where your girlfriend or her husband resides, at the option of your girlfriend.

We hope that we were able to enlighten you on the matter. Please take note however, that all information contained herein are based on our appreciation of your questions. A different legal opinion may be given if other facts not included in your queries will be discussed.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net