FOURTEENTH CONGRESS OF THE REPUBLIC) 
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OF TFLE PIIILIPPINES 
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First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The law does not define what psychological incapacity is. The determination is left 
solely to the courts. 
From the Committee deliberations during the drafting or the Family Code, it can be 
deduced that the absence of definition was intentional. Justice Eduardo Caguioa, the main 
proponent for the incorporation of Article 36, stated during the deliberations that the Code 
should not define psychological incapacity, because a definition would straightjacket the 
concept. 
Unfortunately, Article 36 has become a divorce provision in disguise, often invoked as a 
ground to terminate a marriage when other grounds provided in the Code are not present. Due to 
its generic character, it has become an easy way Cor many parties to severe their ties as husband 
and wife. 
This bill seeks to amend Article 36 in order to preserve the sanctity of marriage as an 
inviolable social institution.* 
' This hill was re-filed during the Thirteenth Congress, First Regular Session. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
SEN T 
S.B.No. "?321 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
AMENDING THE FAMILY CODE OF THE PHILIPPINES, ARTICLE 36 ON THE 
DEFINITION OF PSYCHOLOGICAL INCAPACITY 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congvess assenibled: 
SECTION 1. The Family Code, Article 36, is hereby amended as follows: 
Article 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. SUCH INCAPACITY MUST BE 
IDENTIFIED AS A PSYCHOLOGICAL ILLNESS TO BE PROVEN 
MEDICALLY OR CLINICALLY. 
Article 36-A. THE COURT SHALL, IN CASE OF DOUBT, RESOLVE 
THE CASE IN FAVOR OF THE EXISTENCE AND CONTINUATION OF 
THE MARRIAGE AND AGAINST ITS DISSOLUTION OR NULLITY. 
MERE SHOWING OF 'IRRECONCILABLE DIFFERENCES' AND 
'CONFLICTING 
PERSONALITIES' 
IN 
NO 
WISE 
CONSTITUTES 
PSYCHOLOGICAL INCAPACITY. 
Article 
36-B. 
THE 
1NDICATIONS 
OF 
PSYCHOLOGICAL 
INCAPACITY ARE THE FOLLOWING: 
1. EXCESSIVE AND PROMISCUOUS SEXUAL HUNGER 
2. REFUSAL OF THE SPOUSE TO DWELL WITH THE OTHER 
AFTER THE MARRIAGE AND TO EXTEND FINANCIAL, 


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SPIRITUAL, MORAL AND EMOTIONAL SUPPORT WITHOUT 
FAULT ON THE PART OF THE LATTER. 
3. CRIMINALITY, DRUG ADDICTION, HABITUAL ALCOHOLISM, 
LESBIANISM AND HOMOSEXUALITY, RENDERNG THE 
OFFENDER INCAPACITATED TO COMPLY WITH HIS DUTIES 
AND RESPONSIBILITIES AS PROVIDED IN THIS CODE. 
4. MANIFESTATIONS OF SOCIO-PATHIC ANOMALIES IN THE 
OFFENDER, LIKE SADISM, OR REPEATED INFLICTION OF 
PHYSICAL VIOLENCE. 
5. LAZINESS OR INDOLENCE 
6. SIMILAR BEHAVIOR WHICH RENDERS THE OFFENDER 
INCAPABLE OF COMPLYING WITH HIS OR HER MARITAL 
DUTIES AND RESPONSIBILITIES AS SET FORTH IN THIS 
CODE. 
SUCH INDICATIONS MUST EXHIBIT GRAVITY, ANTECEDENCE, 
THE OFFENDED PARTY SHALL BE WITHOUT 
AND INCURABILITY. 
FAULT IN ANY WAY. 
SECTION 2. Separability Clause. - If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 3, Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, nile or regulation contrary to or inconsistent 
with the provision or this Act is hereby repealed, modified or amended accordingly. 
SECTION 4. Efectivify Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
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Approved, 
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