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
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. (As amended by Executive Order 227)
Source: lawphil.net (EO 209 as amended)
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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.