Ipaglaban Mo & Partners

Law Offices
123 Bldg. Real St., Tacloban City, Philippines
Tel. No. (053) 331-7283

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LEGAL ADVICE

May 16, 2018

VALERIO E. KALAW
Brgy. 109, Tacloban City

Sir:
Greetings!

We write in response regarding your query as to the nullity of marriage on the ground of
psychological incapacity.

It has come to our knowledge that you would like to annul your marriage on the basis
that your wife is incapacitated to fulfill her basic marital obligations. We would just like to make
it clear that there is a difference between a traditional annulment and a declaration of nullity of
marriage. If you wish to nullify your marriage on the ground of psychological incapacity, a
petition for declaration of nullity of marriage is the proper recourse rather than a petition for
annulment of marriage. The basic distinction is that the grounds which give rise to annulment
are subject to ratification by cohabitation, meaning that while the ground may have existed at
the time of the marriage, by continuing to live together the invalidity is removed. On the other
hand, a declaration of nullity of marriage applies to marriages which are void. Void marriages
are considered as having never been taken place. It is wrong from the start and nothing can be
done in order to cure the defect in the contract.

It is therefore our recommendation that if it is truly your desire to nullify the marriage on
the ground of psychological incapacity, we suggest that you start by writing your marital history.
This is a detailed narrative of your marriage, from the time you met your spouse until the event
that precipitated your separation, with a focus on the personality of your spouse and what about
her in your mind that led to the break up of the relationship. This will form the basis of the
petition. The next step would be the psychological evaluation process. While a case for
declaration of nullity of marriage on the ground of psychological incapacity may proceed with or
without a psychologist who will testify in court regarding the psychological state of the parties,
common sense dictates that an expert opinion bears great weight especially if your aim is to
prove a ‘state of mind’ in court.

Please let us know if you have any other queries or if you wish to discuss any of these issues
further. Thank you.

Sincerely,

ATTY. MAE A. IPAGLABAN

Attorney-at-Law