THIRTEENTH CONGRESS OF THE 
) 
First Regular Session 
) 
REPUBLIC OF THE PHILIPPINES 
) 
Introduced by SENATOR LUISA “LOI” P. 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 developmerit. 
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 pre- 
conceived 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. 
LUISA “LOI” PAEJERCITO 
ESTRADA 
Senator 


THIRTEENTH CONGRESS OF THE 
1 
First Regular Session 
1 
REPUBLIC OF THE PHILIPPINES 
) 
~ 
,I ,*n 
Introduced by SENATOR LUISA “LOI” P. EJERCITO ESTRADA 
AN ACT 
DEFINING CERTAIN INDICATIONS OF PSYCHOLOGICAL INCAPACITY AS A 
GROUND FOR THE DECLARATION OF NULLITY OF MARRIAGE, AMENDING 
ARTICLE 36 EXECUTIVE ORDER NO. 209, AS AMENDED, OTHERWISE 
KNOWN AS THE FAMILY CODE OF THE PHILIPPINES 
Be it enacted by tlze 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; 
ABANDONMENT, PROTRACTED AND CONSTANT REFUSAL TO 
. 
COHABIT OR TO HAVE SEXUAL INTERCOURSE WITH THE 
2) 
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; 
INVETERATE SEXUAL INFIDELITY, HOMOSEXUALITY IN MEN 
OR LESBIANISM IN WOMEN; 
EXTREMELY LOW INTELLIGENCE OR IMMATURITY; 
OTHER ANALOGOUS CIRCUMSTANCES SHOWING AN ADVERSE 
INTEGRAL ELEMENT IN THE PERSONALITY STRUCTVRE THAT 
EFFECTIVELY INCAPACITATES ONE OR BOTH SPOUSES FROM 
5 )  
6) 
7 )  
. 
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. 
SECTION 2. Repealing Clause. - All laws, decrees, regulations or parts thereof 
inconsistent with this Act are hereby repealed or modified accordingly. 
SECTION 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. 
SECTION 4. Effectivity Clause. - This Act shall take effect upon approval. 
Approved, 
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