See also R.A. No. 11596 and Tan-Andal v. Andal, G.R. No. 196359, May 11, 2021 | Different Grounds for Nullity | Void Marriages | Marriage | FAMILY CODE

The topic centers on the grounds for nullity of marriage in the Philippine Family Code, with particular reference to amendments and jurisprudence under Republic Act No. 11596 and the landmark Supreme Court decision in Tan-Andal v. Andal (G.R. No. 196359, May 11, 2021). To understand this thoroughly, it’s important to contextualize these elements within the broader legal framework governing marriages, particularly void marriages, under Philippine law.

I. Legal Framework on Void Marriages Under the Family Code

The Family Code of the Philippines governs marital relations, including the grounds for nullity of marriage, which makes a marriage void ab initio (from the beginning). This is distinct from an annulable marriage, which is valid until annulled. Void marriages, on the other hand, are considered legally non-existent and thus confer no legal rights or obligations between the parties.

Void Marriages are listed under Article 35, 36, 37, and 38 of the Family Code:

1. Article 35: Specifies marriages void for lack of formal requisites, including:
   • No legal capacity of either or both parties to marry.
   • Absence of consent freely given.
   • Bigamous or polygamous marriages not in compliance with Article 41.
2. Article 36: Covers void marriages due to “psychological incapacity” to fulfill essential marital obligations, which shall be detailed further given the developments in Tan-Andal v. Andal.
3. Article 37: Considers incestuous marriages void.
4. Article 38: Declares marriages void when between parties within certain degrees of consanguinity or affinity.

II. Updates Through Republic Act No. 11596

Republic Act No. 11596, enacted in 2021, addresses the issues of child marriage in the Philippines. This law prohibits and penalizes child marriages, underscoring the void nature of any marriage involving minors (individuals under 18 years of age). It strengthens the legislative framework by expanding the grounds for nullity of marriage involving minors. Thus, under R.A. 11596:

1. Marriage involving minors is now categorically void, regardless of parental consent.
2. Penalties are imposed not only on the participants in the marriage but also on adults who facilitated or coerced the marriage of minors.

This law reinforces the principle that marriage requires the capacity to enter into a binding agreement, which minors inherently lack. In this context, R.A. 11596 seeks to protect minors from the psychological, physical, and economic consequences of premature marital commitments.

III. Psychological Incapacity and the Tan-Andal v. Andal Doctrine

One of the most significant jurisprudential developments regarding void marriages on grounds of psychological incapacity occurred in the 2021 Supreme Court case Tan-Andal v. Andal. This case clarified and redefined the legal standard for “psychological incapacity” under Article 36 of the Family Code, which was previously understood through the lens of the 1997 case Santos v. Court of Appeals and Republic v. Molina.

In Tan-Andal v. Andal, the Supreme Court modified the interpretation and procedural requirements of Article 36 by adopting a more progressive view:

1. Nature of Psychological Incapacity: The Court ruled that psychological incapacity should no longer be classified strictly as a "mental disorder" as previously required. Instead, it should be understood as an incapacity rooted in an enduring condition or personality structure that renders an individual unable to comply with essential marital obligations.
2. Non-requirement of Expert Testimony: The ruling relaxed the stringent requirement for expert (psychological or psychiatric) testimony, which was previously deemed essential. The Court stated that psychological incapacity may be proven through evidence of behaviors, testimonies, and patterns in the individual’s personality that substantiate an incapacity to fulfill marital duties.
3. Totality of Evidence Rule: The Court emphasized the "totality of evidence rule," which allows judges to consider various forms of evidence in determining psychological incapacity, not limited to expert or clinical evaluations.
4. No Need for Juridical Antecedence: The Court clarified that psychological incapacity need not necessarily manifest prior to the marriage. Instead, it should be seen as an enduring trait, character, or pattern that predates the manifestation of incapacity in the marriage context.

This new understanding aligns with a more realistic view of marital obligations and the personal limitations that may prevent individuals from fully engaging in married life. It also lowers the procedural hurdles for parties seeking nullity based on psychological incapacity, making it a more accessible remedy for individuals in dysfunctional marriages.

IV. Summary of Grounds for Nullity of Marriage Under Current Philippine Law

To summarize, marriages may be declared void under the following grounds:

1. Lack of Essential or Formal Requisites (Family Code, Art. 35):
   • Lack of age capacity (now with enhanced clarity and penalties under R.A. 11596).
   • Bigamy or polygamy.
   • Marriages without a valid license or proper solemnization.
2. Psychological Incapacity (Art. 36), as clarified in Tan-Andal v. Andal:
   • Non-clinical manifestation, proved by the totality of evidence.
   • No longer requiring juridical antecedence or expert psychiatric diagnosis.
3. Incestuous Marriages (Art. 37).
4. Marriages within prohibited degrees of consanguinity or affinity (Art. 38).

V. Implications of Tan-Andal and R.A. No. 11596 for Practitioners

For legal practitioners, the implications are significant:

• Expanded Interpretative Flexibility: Courts can now examine a broader array of evidence when evaluating psychological incapacity, potentially allowing more parties to succeed in proving nullity of marriage.
• Heightened Protections for Minors: With the enactment of R.A. 11596, cases involving minors as parties to marriage are straightforwardly void, and any adult parties involved in such marriages face criminal liabilities.
• Less Stringent Requirements: The Tan-Andal decision alleviates the burden on parties to present clinical diagnoses, making Article 36 petitions potentially less costly and more attainable.

Conclusion

The landscape of marriage nullity in the Philippines has evolved through legislative and jurisprudential milestones like R.A. No. 11596 and Tan-Andal v. Andal. These developments reflect a balance between protecting the sanctity of marriage and ensuring individual welfare by voiding marriages that fundamentally lack legal or personal foundation.