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Psychological Incapacity

Someone asked me, "I have a friend who...  

heard that Kris Aquino had added psychological incapacity in her grounds to annul her marriage to James Yap. Is she admitting she is insane?"

My answer is psychological incapacity does not equal legal incapacity. It is not the same as insanity. Insanity deals with the lack of the person's mental capability to understand the legal relations. The person is crazy or showing abnormal behaviors. Psychological incapacity simply means that the person has a disorder which hampers his performance of the essential marital obligations. These include the obligation to live together, observe mutual love, respect and fidelity, render mutual help and support and perform the rights and duties of a parent A person with psychological problem in marital obligations is not necessarily insane. He may live a perfectly normal life, except for that particular problem. Some of these diagnosed disorders include:
  • Man and woman cracks up after having a child
  • Neuroses, psychoses or other personality disorder
  • Homosexuality or lesbians
  • Excessive hunger for sex
  • Extremely low intelligence
  • Immaturity, excessive dependence on parents or peer
  • Habitual alcoholism, drug dependence/ addiction
  • Consistently getting into trouble with law
  • Refusal to have sex or have children
  • Compulsive gambling, unbearable jealousy
  • Sadism, infliction of physical violence
  • Constitutional laziness
Many rich people have used the psychological incapacity under Art 36 of the Family Code as a way out of problematic marriages. After all, one way or the other we all have some psychological problem. In the case of Molina, the court had provided the following requirements to establish psychological incapacity:
  1. Medically or clinically identified
  2. Sufficiently proven by experts
  3. Existing at the time of celebration of marriage
  4. Medically or clinically Permanent or incurable
  5. Grave enough to make him unable to perform essential obligation of marriage
  6. Alleged in complaint, proven by evidence
  7. Prosecutor and Sol Gen represent the state
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