Family Code · Chapter 3. Void and Voidable Marriages
Psychological incapacity
Current text, as of October 15, 2026
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. (As amended by Executive Order 227)
Supreme Court: Tan-Andal v. Andal (G.R. No. 196359, May 11, 2021)
The text of Article 36 has not changed, but the Supreme Court changed how it is applied. Psychological incapacity is a legal concept, not a medical illness or personality disorder. It need not be proven by expert testimony from a psychologist or psychiatrist; ordinary witnesses who knew the spouse before the marriage can describe their behavior. It must still be grave, existing at the time of the marriage (juridical antecedence) and incurable in the legal sense, and it must be proven by clear and convincing evidence. Earlier tests from Molina (1997) that required a medically identified root cause are abandoned.
Consolidated by Alleba from the text of Executive Order No. 209 (Lawphil), which already includes the changes made by Executive Order No. 227 (1987) before the Code took effect, and the amending Republic Acts in our library. Later amendments made by Presidential Decrees, Batas Pambansa or other executive orders are not included. For information and research only, and not legal advice. For certified copies, refer to the Official Gazette or the issuing agency.