Dear PAO,
I married my husband after a short courtship. In the beginning, he was charming, loving, and attentive. But soon after the wedding, he would disappear for days without explanation, refuse to contribute to household needs even if he is employed, and would easily explode in anger whenever I ask for him to cooperate in attending family events, planning finances, and even discussing future children. When I got pregnant with our son, he accused me of “ruining his life” and he insisted that he had no obligation to adjust, and walked out repeatedly, returning only when it suited him.
I tried counseling, but my husband refused and insisted nothing was wrong. Friends told me: “You can’t file under psychological incapacity unless a psychiatrist diagnoses a disorder.” Others said: “You have to present a medical exam of your spouse.” I cannot force my husband to undergo an evaluation, and I cannot afford an expensive medical testing. Can I file a petition to declare my marriage void due to psychological incapacity even if my husband was never clinically examined or diagnosed?
Rima
Dear Rima,
Article 36 of Executive Order No. 209, otherwise known as “The Family Code of the Philippines,” provides that a marriage is void if, at the time of the celebration, either party was psychologically incapacitated to comply with the essential marital obligations, even if the incapacity appears only later.
Recent Supreme Court rulings emphasize that psychological incapacity under Article 36 of the Family Code is a legal concept, not a medical one. The court does not require that a person be clinically diagnosed with a psychiatric disorder before it can declare a marriage void. What matters is whether the evidence shows a deeply rooted inability to understand and comply with the essential marital obligations, and that this incapacity existed at the time of marriage, even if it only becomes obvious later.
As in the case of Soto vs. Reyes-Soto and People (G.R. No. 249759, April 22, 2026), the Supreme Court, through Associate Justice Ricardo R. Rosario, underscored that psychological incapacity is assessed by its legal effect on marital obligations, not by rigid medical parameters, to wit:
“The Court emphasized that psychological incapacity is a legal, and not a medical, concept: It does not require a clinical diagnosis, nor does it hinge on expert opinion, It refers to enduring aspects of a person's personality structure, formed prior to the marriage, which renders that person truly incapable of understanding and complying with essential marital obligations.”
Additionally, the high court, in the case of Maristela-Cuan vs. Cuan, Jr., et al. (G.R. No. 248518, December 7, 2021, penned by Associate Justice Amy Lazaro-Javier), held that expert testimony is not always required. The incapacity may be proven through the totality of evidence, including testimonies of ordinary witnesses such as the petitioner, relatives, friends, or others who observed the spouse’s consistent behavior before and during the marriage. Courts have recognized that proof may come from ordinary or expert testimony, and a personal psychiatric examination of the allegedly incapacitated spouse is not indispensable. As declared by the high court:
“Psychological incapacity is not only a mental incapacity nor only a personality disorder that must be proven through expert opinion. There may now be proof of the durable aspects of a person's personality, called "personality structure," which manifests itself through clear acts of dysfunctionality that undermines the family. The spouse's personality structure must make it impossible for him or her to understand and, more importantly, to comply with his or her essential marital obligations. Proof of these aspects of personality need not only be given by an expert. Ordinary witnesses who have been present in the life of the spouses before the latter contracted marriage may testify on behaviors that they have consistently observed from the supposedly incapacitated spouse. xxx”
Thus, if your evidence shows that your spouse’s inability to perform essential marital obligations is grave, enduring, rooted in his personality, and legally “incurable,” you may pursue the case even without a psychiatric diagnosis and even if your spouse refuses to be examined. You must, however, present complete facts and credible testimony to meet the “clear and convincing evidence” standard.
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
