a. State Policy on Marriage

Constitutional provision on marriage vis-à- vis validity of declarations of nullity of marriage based on psychological incapacity

Q: Does the grant of the petition for the declaration of nullity of marriage based on Art. 36 of the FC destroy the constitutional mandate to protect the sanctity of marriage and promoting such marriage as a foundation of the family?

A: NO. In declaring a marriage void from the beginning under Article 36, the Court is not demolishing the foundation of families, but it is actually protecting the sanctity of marriage, because it recognizes that a spouse who, at the time of the marriage, was psychologically incapacitated to comply with the essential marital obligations, whether or not a medical disorder is diagnosed, did not enter into a valid marriage. Article 36, in classifying marriages contracted by a psychologically incapacitated person as a nullity, should be deemed as an implement of this constitutional protection of marriage. Given the avowed State interest in promoting marriage as the foundation of the family, which in turn serves as the foundation of the nation, there is a corresponding interest for the State to defend against marriages ill-equipped to promote family life. (Kalaw v. Fernandez, G.R. No. 166357, January 14, 2015)

Updated: Psychological incapacity under Article 36 is a legal concept, not necessarily a medical condition requiring expert testimony (Republic v. Claur, G.R. No. 246868, 15 February 2022).