Annulment And Psychological Incapacity In The Philippines

Wedding ringsIn the Philippines, mention marital discord and Filipinos will think of annulment of marriage.  Speak of annulment and they will associate it with psychological incapacity.  These terms had become famous concepts owing to the publicized annulments of prominent Philippine personalities in the recent years.

The terms annulment and psychological incapacity have both been used inaccurately, especially by the ordinary Pinoy.  Some explanation on the terms will help Filipinos understand their significance in our legal system.

Firstly, Annulment has been used as a catch-all term for terminating marriages.  In truth, Annulment is a legal remedy different from Declaration of Nullity of Marriage.  Annulment is the proper remedy if the marriage is one that is voidable or valid until annulled.  A marriage is considered voidable if there is a defect in any of the essential requisites of marriage.  On the other hand, Declaration of Nullity is the right remedy to have a marriage pronounced as void ab initio.  A marriage is deemed void if any of the essential and formal requisites is lacking.

Secondly, Annulment and Declaration of Nullity of Marriage do not serve to terminate a marriage. Unlike divorce which has as its purpose the termination of a marriage, the purpose of Annulment and Declaration of Nullity  is to have a marriage declared null and void by reason of any absence or defect in requisites of marriage, as if no marriage took place.

Now we proceed to discuss psychological incapacity as a ground for the Declaration of Nullity of Marriage.

The term psychological incapacity has been loosely understood by most Filipinos as any metal instability or disturbance.  It is also mistakenly associated with indifferences between conflicting couples.  Under the Family Code of the Philippines, psychological incapacity is one of the grounds which can support a petition for the Declaration of Nullity of Marriage .As a ground for the declaration of nullity of marriage, the incapacity must be restricted to psychological incapacity in complying with the essential marital obligations of marriage.  These obligations include the duty to live together, to observe mutual love, respect and fidelity, as well as to render mutual help and support.

While Psychological incapacity does not have an exact definition or example under our system, Philippine laws have given courts the liberty to interpret incapacity on a case-to-case basis.  However, in various decisions rendered by the Supreme Court, it characterized psychological incapacity as one that which refers to “a mental, not physical, incapacity that causes a party to be truly incognitive of the basic marital covenants that must be assumed and discharged by parties to a marriage.”  Further, the incapacity must involve “a senseless, protracted and constant refusal to comply with the essential marital obligations by one or both of the spouses although he, she or they are physically capable of performing such obligations.”

The Supreme Court has repeatedly mentioned that the characteristic of the incapacity must be one that is serious, with juridical antecedence, and that which is incurable.  The incapacity is serious if the concerned spouse cannot carry out the normal duties of marriage and family life like any other person living under similar circumstances.  There is juridical antecedence if the roots of the incapacity can be traced to the personal history of the spouse before marriage, although its overt manifestations appeared only during the marriage.  Lastly, the incapacity is one that is incurable if any treatment given to the subject will no longer produce the desired results, or if the treatments required will require unreasonable time and resources beyond the capacity of the couple.

The filing of the Petition for the Declaration of Nullity of Marriage is confined not only to the “sane” party.  Recent rules and jurisprudence now provide that the incapacitated spouse may already institute the Petition to impute his own incapacity as the ground for the declaration of nullity of marriage.

Basic Steps in Filing an Annulment Case

AnnulmentFamily is very much valued herein the Philippines. This is the reason why it is difficult for husbands and wives to get a favorable decree of annulment.  Filing an annulment case or a petition for declaration of nullity of marriage requires money, time and effort.  And even if you are willing to give out such money, time and effort, there is still no assurance that the case will be granted by the court.

But despite the lack of assurance, or the uncertainty to it assurances, for men and women who have grown tired of fighting for a relationship that is not worth the battle, annulment or declaration of nullity of marriage is a risk that they are willing to take.

In simple terms, how is annulment done?

One very important part in the process of filing an annulment or declaration of nullity of marriage is the search for a lawyer who is knowledgeable and competent enough to handle cases involving marital problems. The husband, or the wife, who is filing the case will then be asked to narrate his or her story starting from how the marriage started up to the time that it has failed.

In petitions for declaration of nullity of marriage, psychological evaluation is a must. This will prove the psychological capacity of the husband and the wife to carry out their obligations as a married couple. Hence, the client, with the help of his or counsel, should look for a reputable psychologist/psychiatrist who can perform the required psychological evaluation.

If the lawyer finds grounds to file either a petition for annulment or declaration of nullity of marriage, then it should be filed before the Regional Trial Court where either of the spouses lives. After the filing, the spouse filing the petition should wait for a notice for collusion hearing coming from the court.

It is during the collusion hearing that the public prosecutor (state representative) investigates if the parties have come to an agreement in filing an annulmentor declaration of nullity of marriage. Take note that agreement is prohibited by law. So, if it is found out that the parties have agreed, the case shall be dismissed; otherwise, case shall proceed.

Then, a pre-trial will be held. During this time, the parties will be asked to enter into an amicable settlement, if it is still possible; otherwise, they shall then proceed to the trial proper where the parties present their evidence to support their claim and their witnesses will be called to testify. Usually, only one party appears before the court, and this is the party who filed the petition.

The whole proceeding for filing an annulment case or declaration of nullity of marriage may take 6 months to one year, or even longer. Other circumstances, such as the docket of the court where the case is filed, or the availability of the party whose presence is required may cause delay in the proceedings.