October 11, 2017
Whether the psychological conditions of the parties fall under Article 36 of the Family Code to warrant the declaration of nullity of marriage
No.
Psychological incapacity must be characterized by: (a) gravity (i.e., it must be grave and serious such that the party would be incapable of carrying out the ordinary duties required in a marriage); (b) juridical antecedence (i.e., it must be rooted in the history of the party antedating the marriage, although the overt manifestations may emerge only after the marriage); and (c) incurability (i.e., it must be incurable, or even if it were otherwise, the cure would be beyond the means of the party involved)."
"Mere showing of 'irreconcilable differences' and 'conflicting personalities' [as in the present case,] in no wise constitutes psychological incapacity."59 "Nor does failure of the parties to meet their responsibilities and duties as married persons" amount to psychological incapacity. 60 We further elucidated in Yambao v. Republic that the psychological condition should render the subject totally unaware or incognitive of the basic marital obligations.
Sadly, a marriage, even if unsatisfactory, is not a null and void marriage.
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