Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

House Bill No. __ 3952_

Introduced by REPRESENTATIVE NERI JAVIER COLMENARES

AN ACT RECOGNIZING SPOUSAL VIOLENCE, INFIDELITY AND
ABANDONMENT AS PRESUMPTIVE PSYCHOLOGICAL INCAPACITY
CONSTITUTING A GROUND FOR THE ANNULMENT OF MARRIAGE,
AMENDING ARTICLE 36 OF THE FAMILY CODE FOR THAT PURPOSE

EXPLANATORY NOTE

One of the major acts of Pres. Cory Aquino when she became president was the
promulgation of Article 36 of the Family Code which allows the annulment of marriage on
the ground of psychological incapacity. The law declared that “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 only after its solemnization.”

Article 36, in its more than two decades of existence, was then used by spouses, who
have long been suffering from marital relations attended by violence, infidelity, abandonment
and other acts of humiliation, pain and anguish from their offending spouses. Unlike the no
fault divorce in European and United States laws, Article 36 requires that the annulment be
justified by psychological incapacity to fulfill “essential” marital obligations. Marital
obligations are defined in Article 68 of the same Code as the obligation “to live together,
observe mutual love, respect and fidelity, and render mutual help and support.”

‘The proceedings under Article 36, however, have proved to be expensive and
discriminatory in favor of the rich and powerful who can afford to hire an array of lawyers,
psychologists and psychiatrists and spend for the fees of these professionals for the years
that it takes for the petition to be resolved. The proceedings have also become complicated
with different judges in different Regional ‘Trial Courts and different
psychologists/psychiatrists, depending on whether they are witnesses for the petitioner or
respondent, give different interpretations to similar acts of psychological incapacity. Some
courts require psychologists while others insist on psychiatrists who charges higher
professional fees. Worse, judges exercise so wide a discretion often ruling against an opinion
Of clinical psychologists/psychiatrists on the basis of their liberal or conservative moral,
rather than legal, tenets.

The appeal if one is taken, could take years, taking its toll on the finances of the
petitioners except for the rich executives, movie stars and the wealthy. In sum, the law has


become a long, complicated and expensive process rendering it almost inaccessible to the
poor who are similarly trapped in a void marital relations with a spouse who cannot fulfill
his/her obligation to love, support, cohabit or respect his/her spouse. What Pres, Cory
‘Aquino may have envisioned as a simple law that should allow spouses trapped in a void
marriage with a psychologically incapacitated spouse, has become a major, complicated,
expensive and discriminatory, therefore unjust, remedy.

This bill seeks to make the proceedings accessible and less costly to those who cannot
afford the inordinately expensive cost of the petition by simplifying the proceedings and
cutting the period of time for resolving the petition, Should the petitioner allege that she or
he has been the victim of spousal violence, infidelity and/or abandonment, such allegations
are presumed constitutive of psychological incapacity on the part of the offending spouse
unless the latter successfully presents evidence to rebut the same. In that way, the procedure
is shortened saving on cost and expenses.

Additionally, there is a possibility “that the hiring of expensive
psychiatrists/psychologists is avoided considering that the law already grants the presumption
of incapacity. Lastly, the unbridled and sometimes contradictory discretionary interpretations
of judges are reasonably limited due to the presumption granted by law. Judges who
maintain that a spouse who regularly inflict violence on their spouse is not psychologically
incapacitated are now limited from exercising such discretion unless the respondent spouse
provides ample evidence to rebut the allegation. .

Article 36 of the Family Code has not been controversial when it was signed by Pres,
Cory Aquino in 1987 probably because many recognized that indeed it is but right to allow
freedom to those who are trapped in a marriage with a psychologically incapacitated spouse.
The law, which has been in existence for more than twenty years has, however, not fulfilled
this legislative intent and has become a remedy mainly for the wealthy and the powerful.
Article 36 must be amended if it shall be a just and effective remedy for spouses suffering
from the misfortune of taking a psychologically incapacitated person for a lifelong partner.

This bill aims to help equalize access to Article 36 by giving both the rich and the
poor the opportunity to institute the proceedings at a cost that is not astronomical and for a
period of time that should take less than a year.

The bill aims to address the inequality and inaccessibility that has resulted from the
remedy granted by the Family Code to be free from a void marriage with a spouse who has
committed abusive acts of violence or infidelity or abandoned his or her family.

We ask for your support and immediate approval and that this Bill be
immediately referred to the Committee on Revision of Laws for appropriate action.

Approved,

ER COLMENARES
Bayan]Muna Party List



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

House Bill No. 3952

Introduced by REPRESENTATIVE NERI JAVIER COLMENARES

AN ACT RECOGNIZING SPOUSAL VIOLENCE, INFIDELITY AND
ABANDONMENT AS PRESUMPTIVE PSYCHOLOGICAL INCAPACITY
CONSTITUTING A GROUND FOR THE ANNULMENT OF MARRIAG
AMENDING ARTICLE 36 OF THE FAMILY CODE FOR THAT PURPOSE,

Be it enacted by the House of Representatives and the Senate of the Philippines in Congress
assembled:

Section 1. Article 36 of the Executive Order 209 of July 26, 1987 or the Family Code of the
Philippines as amended by EO 227 is hereby amended to read as follows:

“Art. 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 only
after its solemnization. PROVIDED THAT VIOLENCE COMMITTED BY A
SPOUSE AGAINST HIS OR HER SPOUSE, ABANDONMENT OF THE
CONJUGAL HOME FOR AT LEAST ONE YEAR, AND THE ACT OF
HAVING SEX WITH A PERSON OTHER THAN HIS OR HER SPOUSE.
SHALL BE PRESUMED PSYCHOLOGICAL INCAPACITY ON THE PART
OF THE OFFENDING SPOUSE."

Section 2. Repealing clause—Alll laws, decrees, resolutions, orders or ordinances or
parts thereof inconsistent with this Act, are hereby repealed, amended or modified
accordingly.

Section 3. Effectivity. - This law shall take effect after fifteen days following its
Publication for two consecutive weeks in the newspaper of general circulation in the
Philippines.

Approved.