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SIXTEENTH CONGRESS OF THE REPUBLIC) 
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OF THE PHILIPPINES 
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First Regular Session 
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JUL 15 
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SENATE 
Senate Bill No. 77 3 
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INTRODUCED BY SEN. JINGGOY 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. 
"-
GOY EJERCITO ESTRADA 
Senator 


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SIXTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 7 7 3 
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JUL 15 "6 :24 
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 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 Clause. - This Act shall take effect upon approval. 
Approved,