Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL no! 358

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
AMENDING THE FAMILY CODE OF THE PHILIPPINES, ARTICLE 36 ON THE
DEFINITION OF PSYCHOLOGICAL INCAPACITY

The law 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 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 in order to preserve the sanctity of marriage as an

inviolable social institution.

LUIS RA) ID “LRAY” ILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. CEE

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
AMENDING THE FAMILY CODE OF THE PHILIPPINES, ARTICLE 36 ON THE
DEFINITION OF PSYCHOLOGICAL INCAPACITY

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

SECTION 1, The Family Code, Article 36, 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 only after its
solemnization. SUCH INCAPACITY MUST BE IDENTIFIED AS A PSYCHOLOGICAL
ILLNESS TO BE PROVEN MEDICALLY OR CLINICALLY.

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 NULLITY.

MERE SHOWING OF ‘IRRECONCILABLE DIFFERENCES' AND ‘CONFLICTING
PERSONALITIES' IN NO WISE CONSTITUTES PSYCHOLOGICAL INCAPACITY.

Article 36-B. THE INDICATIONS OF PSYCHOLOGICAL INCAPACITY ARE THE
FOLLOWING:

1. EXCESSIVE AND PROMISCUOUS SEXUAL HUNGER,

2. 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, MANIFESTATIONS OF SOCIO-PATHIC ANOMALIES IN THE OFFENDER, LIKE
SADISM, OR REPEATED INFLICTION OF PHYSICAL VIOLENCE.


5. LAZINESS OR INDOLENCE

6. 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, ANTECEDENCE, AND INCURABILITY.
THE OFFENDED PARTY SHALL BE WITHOUT FAULT IN ANY WAY.

SECTION 2. Separability Clause. - If any provision or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting.

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.

SECTION 4. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,