THIRTEENTH CONGRESS OF THE REPUBLIC) 
, 
'04 
JUI. -1 
!4l :I 6 
OF THE PHILIPPMS 
1 
First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
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EXPLANATORY NOTE 
The iaw does not define what psychological incapacity is. The determination is left 
solely to the courts. 
From the Committee deliberations during the drafting of the Family Code, it can 
educed that the absence of definition was intentional. Justice Eduardo Caguioa, the 
proponent for the incorporation of Article 36, stated diiring the deliberations that 
Code should not define psychological incapacity, because a definition would straight- 
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Unfortunately, Article 36 has become a divorce provision in disguise, often 
,'invoked as a ground to terminate a.maniage when other grounds provided in the Code are 
'not present. Due to its generic character, it has become an easy way for many parties to 
severe 
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, .  their ties as husband and wife. 
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This bill seeks to amend Article 36 in .order to preserve the sanctity of marriage as 
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an inviolable social institution. 
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MIRIAM D E F E N ~ R  
SANTIAGO 


THIRTEENTH CONGRESS OF THE REPUBLIC) 
’04 JUL -1 
N l  :I 5 
OF THE PHILlPPlNES 
) 
First Regular Session 
1 
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S E N A T  
S .  B. No. 
lntroduced by Senator Miriam Defensor Santiago 
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AN ACT 
AMENDING THE FAMILY CODE OF THE PHILPPbS, ARTICLE 36 
Be it enacted by the Senate undHoitse OjCRepresentutfves ojthe Philippines in Congress 
assem bled, 
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SECTION 1. The Family Code, Article 36, is hereby~amended to read as follows. 
A marriage contracted by any party, who at the time 
of the celebration, was psychologically incapacitated io 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 DENTIFED AS A PSYCHOLGICAL 
ILLNESS TO BE PROVEN IvEDICALLY OR CLINICALLY 
Article 36. 
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 NIJLLITY 
MERE 
SHOWING OF ‘IRRECONCILABLE DIFFERENCES’ 
AND 
‘CONFLICTING 
PERSONALITIES’ 
IN 
NO 
WISE 
CONSTITUTES PYSCHOLOGICAL INCAPACITY. 
ARTICLE 36 - B. 
THE 
INDICATIONS 
OF 
PYSCHOLOGICAL INCAPACITY & TNE FOLLOWING: 


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1. 
EXCESSIVE AND PROMISCUOUS 
SEXUAL 
HUNGER 
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REFUSAL OF THE SPOUSE TO DWELL WITH THE 
OTHER AFTER THE MARRIAGE AND TO EXTEND 
FINANCIAL, SPIRITUAL, MORAL, AND EMOTIONAL 
SUPPORT WITHOUT FAULT ON THE PART OF THE 
LATTER 
3 
CRIMINALITY, 
DRUG ADDICTION, 
HABITUAL 
ALCOHOLISM, 
LESBIANISM 
AND 
HOMOSEXUALITY, RENDERING THE OFFENDER 
INCAPACITATED TO COMPLY WITH HIS DUTIES 
AND RESPONSIBILITIES AS PROVIDED IN THIS 
CODE 
4. 
MANEESTATIONS OF SOCIOPATHIC ANOMALIES 
IN THE OFFENDER, LIKE SADISM, OR REPEATED 
INFLICTION OF PHYSICAL VIOLENCE 
5 
LAZINESS OR INDOLENCE 
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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, 
THE OFFENDED PARTY 
ANTECEDENCE AND INCURABILITY. 
SHALL BE WITHOUT FAULT IN ANY WAY. ” 
SECTION 2. Separabidify Cdause - If any provision or part hereot is held invalid 
or unconstitutional, the remainder of the law or the provision not otherwise affected shall 
remain valid and subsisting. 


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SECTION 3. Repealing Clause - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation contrary to or 
inconsistent with the provision of this Act is hereby repealed, modified or amended 
accordingly. 
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SECTION 4. Eflectivity Clause - This Act shall take effect fifteen (1 5 )  days aR 
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its publication in at least two (2) newspapers of general circulation. 
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Approved. 
EPC 
07 August 1998 
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