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A petition under Article 36 of the Family Code must show that the incapacity is grave, that it existed at the time of the marriage (juridical antecedence), and that it is incurable in the legal sense — meaning it relates to an enduring aspect of the person's personality that makes compliance with the essential marital obligations impossible.
Philippine jurisprudence has clarified that the incapacity need not be a medically diagnosed disorder and may be proved by the totality of evidence rather than solely by expert testimony. Because the standard has evolved through case law, a petition should be prepared with counsel.
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Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.