While the letter sender hopes for a “fresh start” after a troubled marriage, this is hard in the Philippines—the only country aside from the Vatican without absolute divorce. Because the law does not allow a valid marriage to be dissolved, it instead examines whether the union was already flawed at the time of its celebration. If so, a Declaration of Absolute Nullity of Marriage may apply—but who can actually file such a petition?

Dear Atty. Duran,

I’m writing to ask for your help with a personal legal matter. My spouse and I have been married for several years, but our relationship has been a struggle from the start. After talking to a professional, I’ve realized that I am actually the one who has a psychological condition that makes it impossible for me to handle the responsibilities of being a spouse.

Since I’m the one struggling with this incapacity, I want to be the one to file for the nullity of our marriage so we can both have a fresh start. However, I’m not sure if the law allows the person who is “incapacitated” to be the one to start the case.

Can I, the spouse alleged to be psychologically incapacitated, be the petitioner for nullity of marriage?

Psychologically Unfit Husband

Dear Psychologically Unfit Husband,

Thank you for reaching out. I understand your situation and appreciate your honesty in acknowledging your limitations. Your question is common in family law, as many people assume that only the “aggrieved” or “injured” spouse can file for nullity of marriage. 

Nullity of Marriage and Psychological Incapacity

In the Philippines, there is no no-fault divorce nor divorce at all, except for those under the Muslim law and those recognized between a Filipino citizen and a foreign national. 

Article 36 of the Family Code of the Philippines (E.O. 209), however, allows a marriage to be declared void from the beginning (void ab initio) if one or both parties were “psychologically incapacitated” at the time of the celebration of marriage. 

Unlike legal separation or annulment of a voidable marriage, a Declaration of Nullity of Marriage means the law considers the marriage to have never existed in the first place. This is because the consent given at the altar was technically defective—not because of a lack of will, but because a party’s psychological makeup prevented them from truly understanding or complying with the essential obligations of marriage, such as mutual love, respect, fidelity, and support. 

Over the years, the legal understanding of psychological incapacity has evolved significantly. For instance, the landmark ruling in Tan-Andal vs. Andal, G.R. No. 196359 (05-11-2021) has shifted the perspective, clarifying that it is not strictly a medical but a legal concept. Still, the incapacity must be characterized by gravity, juridical antecedence, and incurability.

Clavecilla vs. Clavecilla and Republic (2023): Relevant Jurisprudence

The law itself, under Article 36, does not restrict the right to file to the “innocent” or “non-incapacitated” spouse. The provision simply states that a marriage contracted by any party who was psychologically incapacitated shall be void. 

In Clavecilla vs. Clavecilla and Republic, G.R. No. 228127 (03-06-2023), the Supreme Court ruled that either spouse, whether psychologically incapacitated or not, may initiate a petition to declare the nullity of their marriage. The law only requires that the petition contain specific allegations of the incapacity of either or both spouses from complying with the essential marital obligations. 

Clearly, the Doctrine of Unclean Hands (i.e., the idea that a “guilty” person cannot seek relief from the court) does not apply in Article 36 cases. Since a marriage involving psychological incapacity is void from the very start (void ab initio), the court is simply being asked to declare a fact that already exists. 

So, to answer the question: yes, you may be the petitioner in a nullity of marriage case even if you are the spouse alleged to be psychologically incapacitated.

While you have the right to file, the burden of proof remains on you to demonstrate that your incapacity is not just a refusal to perform duties but a genuine inability rooted in your psychological makeup. 

Equally, because you are “admitting” to the incapacity, the court and the Public Prosecutor will be vigilant in checking for collusion (Article 48). They must ensure that you and your spouse are not simply “agreeing” to end the marriage out of convenience, as “summary” or “agreed-upon” nullities are strictly prohibited under the law.

I hope this provides a clear explanation and initial guidance. For any further clarification or assistance with annulment or nullity of marriage in the Philippines, feel free to contact our team at Duran & Duran-Schulze Law. We are located just in Bonifacio Global City (BGC), Taguig, Metro Manila. You may call us at (02) 8478-5826 (landline) or +639171940482 (mobile), or email info@duranschulze.com.