Sexual Infidelity is a valid ground for annulment as long as it stemmed from the psychological incapacity of the unfaithful spouse.

In Clavecilla vs. Clavecilla, et al, the Supreme Court ruled that as long as the alleged sexual infidelity stemmed from the psychological incapacity of the unfaithful spouse, it can be a valid ground for declaration of nullity of marriage under Article 36 of the Family Code. Thus:

“The Court would like to clarify that although sexual infidelity is a ground for legal separation under Art. 55 of the Family Code, it may be deemed as a manifestation of psychological incapacity. Castillo v. Republic elucidated that there must be evidence linking the unfaithfulness with the inability to perform essential spousal obligations:

In order for sexual infidelity to constitute as psychological incapacity, the respondent’s unfaithfulness must be established as a manifestation of a disordered personality, completely preventing the respondent from discharging the essential obligations of the marital state; there must be proof of a natal or supervening disabling factor that effectively incapacitated him from complying with the obligation to be faithful to his spouse. It is indispensable that the evidence must show a link, medical or the like, between the acts that manifest psychological incapacity and the psychological disorder itself.”