FOURTEENTH CONGRESS OF THE 
1 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
) 
SENATE 
S.6. No. 396 
Introduced by Senator JlNGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The inviolability and permanence of marriage as an institution and the solidarity 
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 
of the family 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 1988, the 
floodgates were opened for petitions seeking the nullity of marriages based on the 
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 bar, especially among 
those who have relied upon Article 36 to escape their luckless marriage. 
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 invoked in relation to Article 36. 
Passage of this bill is earnestly sought. 
A 
&GGOP\EJERCITO 
ESTRADA 
Senator 


tuutx I eedTH CONGRESS OF THE 
1 
First Regular Session 
) 
REPUBLIC OF THE PHILIPPINES 
) 
SENATE 
S.B. 
No. 396 
Introduced by Senator 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 if 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 Clause. - 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. - This Act shall take effect after fifteen (15) days following its 
publication in the Official Gazette or in at least two (2) newspapers of general 
circulation. 
Approved,