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Under Article 36 of the Family Code, a marriage is void when, at the time it was celebrated, a party was psychologically incapacitated to comply with the essential marital obligations of marriage — even if the incapacity becomes apparent only later. The action to declare nullity on this ground prescribes in ten years from the celebration.

The incapacity must exist at the time of the marriage (juridical antecedence) and must concern the essential marital obligations, such as those in Articles 68 to 71 (living together, mutual love, respect, fidelity, help, and support). Philippine jurisprudence has refined how this is proved over time.

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