SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'15 
JAN -5 P 3 :58 
SENATE 
S. No. 
2557 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
AMENDING THE F AMIL Y CODE OF THE PHILIPPINES, ARTICLE 36 ON 
THE DEFINITION OF PSYCHOLOGICAL INCAPACITY 
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 for 
many parties to severe their ties as husband and wife. 
This bill seeks to amend Article 36 111 order to preserve the sanctity of 
marriage as an inviolable social institution. l 
1 This bill was originally filed during the Thil1eenth Congress, First Regular Session 
1 


SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'. I:! 
.JI\N -5 P 3 :511 
SENATE 
S. No. 
2557 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
AMENDING THE FAMILY CODE OF THE PHILIPPINES, ARTICLE 36 ON 
3 
THE DEFINITION OF PSYCHOLOGICAL INCAPACITY 
Be it enacted by the Senate and House of Representatives of the Philippines 
in Congress assembled: 
4 
SECTION 1. The Family Code, Article 36, is hereby amended as follows: 
5 
"Article 36. A marriage contracted by any party, who at the 
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time of the celebration, was psychologically incapacitated to comply 
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with the essential marital obligations of marriage, shall likewise be 
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void even if such incapacity becomes manifest only after its 
9 
solemnization. SUCH INCAPACITY MUST BE IDENTIFIED AS A 
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PSYCHOLOGICAL ILLNESS TO BE PROVEN MEDICALLY OR 
11 
CLINICALLY. Article 36-A. THE COURT SHALL, IN CASE OF 
12 
DOUBT, RESOLVE THE CASE IN FAVOR OF THE EXISTENCE 
13 
AND CONTINUATION OF THE MARRIAGE AND AGAINST ITS 
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DISSOLUTION 
OR 
NULLITY. 
MERE 
SHOWING 
OF 
15 
'IRRECONCILABLE 
DIFFERENCES' 
AND 
'CONFLICTING 
16 
PERSONALITIES' 
IN 
NO 
WISE 
CONSTITUTES 
17 
PSYCHOLOGICAL INCAPACITY." 
1 


1 
"Article 36-A. THE INDICATIONS OF PSYCHOLOGICAL 
2 
INCAP ACITY ARE THE FOLLOWING: 
3 
1. EXCESSIVE AND PROMISCUOUS SEXUAL HUNGER 
4 
2. REFUSAL OF THE SPOUSE TO DWELL WITH THE 
5 
OTHER 
AFTER 
THE 
MARRIAGE 
AND 
TO 
EXTEND 
6 
FINANCIAL, 
SPIRITUAL, 
MORAL 
AND 
EMOTIONAL 
7 
SUPPORT WITI-IOUTFAULT ON THE PART OF THE LATTER. 
8 
3. 
CRIMINALITY, 
DRUG 
ADDICTION, 
HABITUAL 
9 
ALCOHOLISM, 
LESBIANISM 
AND 
HOMOSEXUALITY, 
10 
RENDERNG THE OFFENDER INCAPACITATED TO COMPLY 
11 
WITH HIS DUTIES AND RESPONSIBILITIES AS PROVIDED IN 
12 
THIS CODE. 
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4. MANIFESTATIONS OF SOCIO-PATHIC ANOMALIES 
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IN 
THE 
OFFENDER, 
LIKE 
SADISM, 
OR 
REPEATED 
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INFLICTION OF PHYSICAL VIOLENCE. 
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5. LAZINESS OR INDOLENCE 
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6. 
SIMILAR 
BERA VIOR 
WHICH 
RENDERS 
THE 
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OFFENDER INCAPABLE OF COMPLYING WITH HIS OR HER 
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MARITAL DUTIES AND RESPONSIBILITIES AS SET FORTH IN 
20 
THIS CODE. 
21 
SUCH 
INDICATIONS 
MUST 
EXHIBIT 
GRAVITY, 
22 
ANTECEDENCE, 
AND 
INCURABILITY. 
THE 
OFFENDED 
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PARTY SHALL BE WITHOUT FAULT IN ANY WAY." 
2 


1 
SECTION 2. Separability Clause. - If any provision or part hereof, is held 
2 
invalid or unconstitutional, the remainder of the law or the provision not otherwise 
3 
affected shall remain valid and subsisting. 
4 
SECTION 3, Repealing Clause. - Any law, presidential decree or issuance, 
5 
executive order, letter of instruction, administrative order, nile or regulation 
6 
contrary to or inconsistent with the provision or this Act is hereby repealed, 
7 
modified or amended accordingly. 
8 
SECTION 4. Effectivity CLause. - This Act shall take effect fifteen (15) days 
9 
after its publication in at least two (2) newspapers of general circulation. 
Approved, 
/apm12152014 
3