PSYCHOLOGICAL incapacity, Article 36 of the Family Code, is a ground to get out of marriage in the Philippines. In a country where divorce is illegal, annulment is the only way out for many couples whose marriages do not work out.
In the 80s, we watched the pain and intrigues of showbiz personalities like Sharon and Gabby, in the early 2000s with Pops and Martin, and recently, our attention drew us to the ex-wife of President Duterte whose marriage was annulled with her, while on the other side at SONA, was his common-law wife, Honeylet.
The promise of “and they live happily ever after,” turned into the realization of - “Walang forever.” So what is psychological incapacity? How is it observed in the dynamics of marital life? And what makes it the grounds for annulling a marriage? These are the questions I want to answer in these series.
Marriage is protected by the institutions of the state and religion for the propagation, nurture, and celebration of growth of life, and the development of civilization. As an anchor of strength of a society, the obligations of marriage as an institution, as a function, and as a sacrament of the Church, is protected, and must be nurtured. I believe in the promise of marriage. I have seen it modeled by my parents, with their imperfections, who will celebrate their 52nd wedding anniversary next month.
Couples who enter the marital bond are presumed to be responsible and, healthy individuals. The pre-marital orientation at the City Health as a requirement for marriage license does not include assessments on potential marital issues. I wonder though if couples can still hear what is being taught in the pre-marital sessions. Love can be an intoxicating passion that people don’t hear prior assumptions about themselves.
Psychological incapacity takes place when these obligations of marriage are not complied. Mutual trust and respect, deepening of love and commitment to each other’s growth, nurture and celebration, and oftentimes, the propagation of life in the bond of marital vows are some of the fundamentals of marriage.
To annul a marriage in the Philippines on the grounds of psychological incapacity means that there was really no marriage that existed in the beginning because either one or both parties had pre-existing psychological conditions the made one or both of them unable to fulfil the obligations of marriage. Also, this pre-existing psychological condition must be serious. Yes, it is so serious that, it is also incurable.
One might ask, “Does it mean that “buang siya” (S/he is mentally ill) same as psychological incapacity? Not! Psychological incapacity is not equivalent to “taong grasa,” a person we see on the street who lost his or mind and scares us for his violent tendencies.
There are specific psychological conditions that are difficult to treat because they are characterological in nature. This means that their roots and causes existed in the earliest experiences of childhood. They do not manifest until the demands of relationships in adult life like marriage take place. These disorders in legal parlance conform to the requirements of being antecedent, serious, and incurable. These are called personality disorders.
So what was the disorder of Liza’s husband when he lacked the ability to feel the suffering of his wife Liza and their kids that he could not feel their pain? What was is about him that he kept his prowess by being macho to sleep around other women, and lately, with other men? His condition is called Narcissistic Personality Disorder. What caused his disorder? (To be continued)