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Psychological Incapacity-Article 36 of the Family Code

Posted by lexforiphilippines on February 16, 2010

Can you love someone who is totally dependent on his mother for support, financial or otherwise?

The Philippines has no law that allows divorce between married couple. The closest thing that couples could have is a declaration by the court that their marriage is void due to the “psychological incapacity” of one of the spouses to fulfill the essential obligations of marriage.

In the case of Azcueta v. Republic, decided by the Philippine Supreme Court on May 26, 2009, the parties’ marriage was voided since it was shown that the husband was suffering from Dependent Personality Disorder.

What is Dependent Personality Disorder? Is anyone suffering from it considered as automatically psychologically incapacitated to marry?

See the Supreme Court’s answer at our Digested Cases Tab.


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