ANNULMENT: ISSUES ABOUT PSYCHOLOGICAL INCAPACITY Article 36 of the Family Code states 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. This means that the husband or the wife is psychologically incapable of complying with the essential marital obligations, which will render the marriage void from the beginning. It is important that this incapacity was already present during the celebration of marriage. Q. I have been hearing about the term psychological incapacity. Please explain to me what is psychological incapacity as a ground to declare the marriage void? GTALAW: " Simply put, psychological incapacity" is a serious psychological disorder, but not necessarily insanity, that causes a spouse or both spouses to be truly incapable of complying with the essential marital obligations. This psychological condition must already exist at the time the marriage is celebrated. Q. What are these essential marital obligations? GTALAW: These are the obligations of the husband and wife (1) to live together, observe mutual love, respect and fidelity, and render mutual help and support; (2) to procreate children based on the universal principle that procreation of children through sexual cooperation is the basic end of marriage; (3) to jointly support the family (Art. 70), for the spouses are joint administrators in the partnership; and (4) Not to commit acts which will bring danger, dishonor or injury to each other or to the family (Art. 72), for the safety and security of the family at all times is a primordial duty of the spouses