FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
) 
) 
) 
Senate Bill No. 781 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The inviolability and permanence of marriage as an institution and the 
solidal'ily of the family are time-honored principles and policies of the State. The 
Constitution articulates these precepts and devotes the entire Article XV to the 
Family, which provides: 
' 
"Section 1. The State recognizes the Filipino Family as the foundation 
of the nation. Accordingly, it shall strengthen its solidarity and promote its 
total development. 
. 
Section 2. Marriage, as an inviolable social institution, is the foundation 
01 the 10l11ily and shall be protected by the State." 
The Family Code of the Philippines defines the requisites of marriage and 
governs all the consequences and effects that emanate from it. 
It likewise 
enumerates the almost exclusive'grounds upon which the validity of marriage may 
be assailed. 
When the Family Code of the Philippines became effective on 3 August 
1 !Jeil, the floodgates were opened for petitions seeking the nullity of marriages 
lJclSflcl on tile ground prOVided under Article 36 thereof - "psychological incapacity." 
Psychological incapacity, is a relatively new concept in Philippine family law. 
The Code Commission that drafted Executive Order No. 229 deliberately 
did not define psychological incapacity so as not to limit its applicability and to give 
trial courts the needed leeway. in examining the factual milieu of each case 
independent of preconceived assumptions and generalizations. This ambiguity in 
the law, however, has resulted in ,tremendous confusion within the bench and the 
tJar, flspecially among those who have relied upon Article 36 to escape their 
lucklc;ss mcmiage, 
This bill seeks to address that gap by providing the examples or indications 
of psychological incapacity, These examples are cited not to limit the application of 
. psychological incapacity only in ,these instances, but to give a guide as to' what 
conditions or situations may be irwoked in relation to Article 36. 
Passage of this bill is earnestly sought. 
Senator 


FIFTEENTH CONGRESS OFTHE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
) 
) 
) 
Senate Bill No. 781 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
DEFINING CERTAIN INDICATIONS OF PSYCHOLOGICAL INCAPACITY AS A 
GROUND FOR THE DECLARATION OF NULLITY OF MARRIAGE, AMENDING 
ARTICLE 36 OF EXECUTIVE ORDER NO. 209, AS AMENDED, OTHERWISE 
KNOWN AS THE, FAMILY CODE OF THE PHILIPPINES 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. Article 36 of Executive Order No. 209, otherwise known as the 
Family Code of the Philippines, 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 after its solemnization." 
PSYCHOLOGICAL INCAPACITY SHALL INCLUDE, BUT NOT LIMITED 
TO, ANY OR A COMBINATION OF THE FOLLOWING INDICATIONS: 
1) VIOLENT BEHAVIOR OR GROSSLY ABUSIVE CONDUCT AGAINST 
THE OTHER SPOUSE'OR THEIR COMMON CHILD OR CHILDREN; 
2) ABANDONMENT, PROTRACTED AND CONSTANT REFUSAL TO 
COHABIT OR TO HAVE SEXUAL INTERCOURSE WITH THE OTHER 
" 
SPOUSE; 
. ';'" 
3) 
CONSTITUTIONAL LAZINESS OR 
INDOLENCE" ,'OR WILLFUL 
DEPRIVATION OF FINANCIAL, SPIRITUAL, MORAL AND EMOTIONAL 
SUPPORT TO THE OTHER SPOUSE AND CHILDREN WITHOUT 
JUSTIFIABLE CAUSE; 
, 
,', 
4) 
DRUG 
ADDICTION, 
HABITUAL 
ALCOHOLISM, 
COMPULSIVE 
GAMBLING, OR CRIMINALITY; 
, 
5) INVETERATE SEXUAL INFIDELITY, HOMOSEXUALITY IN MEN OR 
LESBIANISM IN WOMEN; 
6) EXTREMELY LOW INTELLIGENCE OR IMMATURITY; 
, 7) OTHER ANALOGOUS CIRCUMSTANCES SHOWING AN ADVERSE 
INTEGRAL ELEMENT IN THE PERSONALITY STRUCTURE THAT 


EFFECTIVELY INCAPACITATES ONE OR BOTH SPOUSES FROM 
COMPLYING WITH THE PROVISIONS OF ARTICLE 68-71 HEREOF. 
PSYCHOLOGICAL INCAPACITY SHALL BE CHARACTERIZED BY 
GRAVITY, ANTECEDENCE AND INCURABILITY ALTHOUGH SUCH 
INCAPACITY NEED NOT BE THE RESULT OF MENTAL ILLNESS. 
IN EVERY CASE FOR DECLARATION OF NULLITY OF MARRIAGE 
BASED IN PSYCHOLOGICAL INCAPACITY, ANY DOUBT SHALL BE 
RESOLVED IN FAVOR OF THE VALIDITY AND SANCTITY OF THE 
MARRIAGE. 
SEC. 2. Repealing Clause. - All laws, decrees, regulations or parts thereof 
inconsistent with this Act are hereby repealed or modified accordingly. 
SEC. 3. Separability Clallse. - If any part or provision of this Act shall be 
declared unconstitutional, the validity and effectivity of the other parts and 
provisions shall not be affected thereby. 
SEC. 4. Effectivity Clause. - This Act shall take effect upon approval. 
Approved,