- Statute
- Family Code
- Article
- Art. 36
- Topic
- Psychological incapacity
- Year
- 1987
The provision
ARTICLE 36. 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.
The action for declaration of nullity of the marriage under this Article shall prescribe in ten years after its celebration. (n)
Key points
Article 36 of the Family Code makes a marriage void when, at the time of its celebration, a party was psychologically incapacitated to comply with the essential marital obligations — even if the incapacity becomes manifest only after the wedding. The action to declare nullity under this article prescribes in ten years after the celebration.
The incapacity must exist at the time of the marriage (juridical antecedence) and must concern the essential marital obligations. The provision is read with Articles 68–71 on those obligations and with the procedural rules on petitions for declaration of nullity of marriage.
Cases applying this article
- Ma. Socorro Camacho-Reyes v. Ramon Reyes-Reyes G.R. No. 185286
- Enrique Agraviador v. Erlinda Amparo-Agraviador G.R. No. 170729
- Lorna Guillen Pesca v. Zosimo Pesca G.R. No. 136921
- Maria Concepcion Singson v. Benjamin Singson G.R. No. 210766
- Irish Ramirez-Mañez v. Christian Mañez G.R. No. 227559
- Jennifer A. Dedicatoria v. Ferdinand M. Dedicatoria G.R. No. 250618
- Edward Kenneth Ngo Te v. Rowena Ong Gutierrez Yu-Te G.R. No. 161793
- Republic v. John Arnel H. Amata G.R. No. 212971