Divorce is not legal in the
Philippines.  But the law has devised a way out for couples who cannot stay together under Article 36 of the Family Code on the ground of a mental state termed as “psychological incapacity”:

“A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization (As amended by E.O. 227).”

“The Committee did not give any examples of psychological incapacity for fear that the giving of examples would limit the applicability of the provision under the principles of ejusdem generis. Rather, the Committee would like the judge to interpret the provision on a case-to-case basis, guided by experience, the findings of experts and researchers in psychological disciplines, and by decisions of church tribunals which, although not binding on the civil courts, may be given persuasive effect since the provision was taken from Canon Law.” SALITA vs. MAGTOLIS, et al,.[G.R. No. 106429.  June 13, 1994.]

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