Title I — Marriage
Article 36
ELI5— what this means for you
A marriage is VOID if either party was 'psychologically incapacitated' to fulfill the essential obligations of marriage at the time of the wedding. The Supreme Court in Tan-Andal v. Andal (GR No. 196359, May 11, 2021) clarified that psychological incapacity does not need to be a clinical mental disorder — it is a legal concept meaning a genuine, serious inability to assume and carry out the basic duties of marriage, and courts should look at the totality of behavior, not just a psychiatrist's diagnosis.
Key point
Art. 36 is the most litigated article in Philippine family law. After Tan-Andal (2021), psychological incapacity is a legal — not purely medical — standard.
Official text — EO 209
Full article text is being added. Read the official text at officialgazette.gov.ph.
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Legal disclaimer: BatasKo provides general legal information, not legal advice. For advice on marriage, annulment, property relations, custody, or support, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.