Quick answer

A recurring question about Article 36 is whether both spouses must be psychologically incapacitated, or whether the incapacity of only one is enough, and whether the incapacitated spouse themselves can file. The answer, clarified by jurisprudence, is that the psychological incapacity of even one of the spouses is sufficient to render the marriage void; it is not required that both spouses be incapacitated. The law voids a marriage where a party is psychologically incapacitated to comply with the essential marital obligations, and the incapacity of a single party suffices, because a valid marriage requires both spouses to be capable of fulfilling those obligations, so if either one is genuinely incapable, the marriage is void from the beginning. A related and important point concerns who may file. Under the Rule on declaration of nullity, the petition may be filed solely by the husband or the wife. This means the psychologically incapacitated spouse is not barred from filing; the petitioner may be the incapacitated spouse themselves or the other (the capacitated) spouse. This is different from some annulment grounds, where the party at fault or the party who caused the defect may be barred from invoking it (for example, a party generally cannot annul based on their own fraud or their own impotence). For psychological incapacity, however, because the marriage is void (not merely voidable) and the incapacity is a condition rather than a wrongful act to be blamed, either spouse may petition, and the incapacity of just one of them is a sufficient ground. Of course, the strict requisites of gravity, juridical antecedence, and incurability (in the legal sense, after Tan-Andal) must still be proven as to the incapacitated spouse. So the psychological incapacity of only one spouse voids the marriage, and either spouse, including the incapacitated one, may file the petition for declaration of nullity.

One Spouse's Incapacity Is Enough

The psychological incapacity of even one spouse is sufficient to render the marriage void — both need not be incapacitated. A valid marriage requires both to be capable, so if either is genuinely incapable, the marriage is void.

Either Spouse May File

The petition may be filed solely by the husband or the wife — including the incapacitated spouse themselves. Unlike some annulment grounds (fraud, impotence) where the party at fault is barred, here either may petition, because the marriage is void and incapacity is a condition, not a blameworthy act.

The Requisites Still Apply

The strict requisites — gravity, juridical antecedence, and legal incurability (post-Tan-Andal) — must still be proven as to the incapacitated spouse.

Practical Takeaways

Frequently Asked Questions

Do both spouses need to be psychologically incapacitated? No. The psychological incapacity of even one of the spouses is sufficient to render the marriage void, because a valid marriage requires both spouses to be capable of fulfilling the essential marital obligations.

Can the psychologically incapacitated spouse file the petition? Yes. The petition for declaration of nullity may be filed solely by the husband or the wife, and this includes the incapacitated spouse themselves, not just the capacitated spouse.

Why can the incapacitated spouse file, unlike in fraud or impotence grounds? Because psychological incapacity makes the marriage void, not merely voidable, and the incapacity is a condition rather than a wrongful act to be blamed, so either spouse may petition.

Do the Article 36 requisites still apply to a one-spouse case? Yes. The requisites of gravity, juridical antecedence, and incurability in the legal sense must still be proven as to the incapacitated spouse.

This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.

If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.