Psychological Incapacity 2/3

“A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations, shall likewise be void even if such an incapacity becomes manifest only after its solemnization.” Thus provides no less than the Family Code of the Philippines concretely with reference to ab initio null and void marriages on account of an incapacitated psyche proven existent before and during the wedding-in-fact (Article 36).

What is psychological incapacity? What is the more common external actuation or behavioral pattern of someone psychologically incapacitated for marriage? Who has the credentials to pronounce that a man and/or woman is psychologically incapacitated for marriage? What usually happens when someone psychologically incapacitated in fact get married? Is there a real and permanent cure for psychological incapacity concretely for marriage intents and purposes? In so many words:

Psychological incapacity in simple terms means the disability of the human psyche on account of either endogenous (unhealthy genes) or extraneous (adverse circumstantial) causes. The easier way to define or declare the said malady of human psyche is making reference to the constitution – the spirit, the ego or the anime – of a person. When the human psyche is disabled for marriage, then there is psychological incapacity.

The more common external acts and behavior of someone afflicted with psychological incapacity are indifference or apathy, irresponsibility or undependability, immature or infantile behavior. There is no ill-will in the strict sense but usually certain endogenous disabling personal features.

Even the common tao can say who is nonchalant of or indifferent to external stimuli, who is immature and wherefore irresponsible and undependable. Nevertheless, it is usually clinical psychologists and psychiatrists who are professionally qualified to pronounce such a human incapacity or adversity.

When someone psychologically incapable in fact gets married, he or she acts and behaves contrary to the nature and objectives of matrimonial covenant. And the usual failure it brings about is the moral impossibility of realizing the spousal good of the de facto married couple.

Sad but true, to these days, there are no known real and permanent cure for psychological incapacity. Yes, there are pills and the like to attenuate it every now and then. But, a real and lasting cure, there is none yet so far. Reason: A sick human psyche is not usually receptive of durable curative intervention.

What then? How could someone know that he or she is psychologically incapable for marriage? What does one do when he or she comes to feel and/or to know that marriage is not for him or her? Must the man of the woman then simply stay single – or eventually become a priest or a nun?

Psychological Incapacity 1/3

"It’s more fun in the Philippines!" Everybody is getting married. From the mere commoners to the members of quasi local royalty, from simple and plain citizens to high and distinguished public officials, from those counted among the general public to big personalities in government – they are getting married all right. Well, not all really. There are those who for a deliberate preferential option or on account of an innate adverse personality cause, stay away from marriage. And rightly so, it is nothing profound or complex that some men and women so not get married for strictly personal to downright constitutional reasons.

The truth is that everybody must be good for something – but not for everything. All are good for this and that profession, for this and that agenda – but not for all these. It is the same for marriage intents and purposes. It is a well known phenomenon that there are three states of life for men and women to choose from, viz., marriage, singlehood and priesthood. Men and women wherefore have no less than three possible options on how to spend their lives here and now – with or without reference to the hereafter and beyond. One thing is certain: Every individual concerned has to fit his or her choice of a given state of life.

Just for the record, marriage is thus known in its essence, attributions and finalities. Marriage is a covenant by virtue of which a man and a woman establish between themselves a partnership of their composite life, intended for their own good as spouses and for the welfare of their children – if any. This is marriage in the order of nature and according to the norm of right reason. Take away its essential nature, any of its intrinsic attribution or inherent finality – and there can be anything but marriage in the true significance and proper connotations of the matrimonial reality.

It is wherefore not really hard to know and accept the truth that there are individuals who are basically unfit for the marital life more specifically on account of a peculiar personality constitution. This peculiarity is in effect dissonant with the assumption of the obligations inherent to the Marriage Covenant – especially in conjunction with its institutional finality of the spousal good of both the man and the woman concerned. Over and above the purely material plus the carnal and/or generative attributes on the part of both the parties, theirs should be the capacity to mutually contribute to their own good or benefit as qua spouses.

In other words, it is the finding of a clinical psychology as well as the conclusion of psychiatry that by dint of nature, there are persons who suffer from a disability of their psyche such that they are constitutionally unsuitable for marriage intents and purposes – through no fault of their own. In legal parlance, such a personal disability is known as "Psychological Incapacity" – specifically in conjunction with marriage. It might be but right and proper to know more about this malady – considering that it is neither fun or pleasure for anyone to be afflicted by it.

Impeachment Trial

It does not require much brain work to know and conclude that the now on-going Impeachment Trial costs money - money that certainly does not come from any of those directly and indirectly invoked therein. Instead, they are nonchalantly and conveniently taken from the direct and/or indirect taxes of every baby, child, teenager and adult in the Philippines. Never mind if they have barely enough money to buy their food, to pay for their clothes and shelter. Never mind if their fathers and/or mothers cannot even find work, cannot in fact afford sending them to school, cannot buy the medicines they need and do not even find any relief in the ever rising prices of prime commodities - their little energy/fuel consumption included.

In other words, never mind of the Impeachment Case is undertaken more by way of vindictiveness than the honest-to-goodness search for truth and the due application of justice. It is all right if the whole House of Congress is in a stand still on account of the show-down that can be readily titled "Who is Who" with particular reference to the personal ego and dynastic concern of the Chief Executive. There is nothing wrong if the Senate as a whole is likewise focused on the same inquisition practically all working days of the week. Why? Simple!

There is nothing more important in the "It's more fun in the Philippines" than the fixation of the government, the media and the market at the monumental display of who is in power, who calls the shots, who commands and steers the Impeachment process. The economy? It's great! Peace and order? There are in place! The long standing conflicts in Mindanao and Luzon? There are likewise long resolved! Prohibited drugs, sex trade, illegal gambling? They are non-existent!

Lo and behold! It is said that even before the Impeachment venture officially started, it is reported with gusto and pride that some 5 million pesos have been earmarked for the purpose. And what if the sizable amount is not enough for the Impeachment exercise for whatever reason? Simple. Set aside more money. Whose money? Elementary. People's taxes! How convenient! How easy! How gross!

There must be something very wrong with the way politics is understood, lived and practiced in the Philippines for many decades. There should be something rather disturbing about how far and fervent do partisan politics go. There cannot but be something strange and erratic about how a public office is perceived and exercised, how public service is sought and practiced. Otherwise, how does one explain with rhyme and reason the continuously and consistently sad and saddening affairs in the Country - proudly said to be the "Pearl of the Orient" and where "Life is heaven?"

Division. Collision. Deprivation.

Thanks to the Chief Executive for the obsessive protection of long and firmly held dynastic wealth. Thanks to the allies in the Legislative Department for their unconditional allegiance to and patronage of Malacañang. Thanks to the markedly distorted understanding and errant practice of politics in the Philippines. These national liabilities cannot but have their equally national negative impact on the Country as felt by the people in general and watched attentively by foreign nationals – especially in investors – in particular.

Consequences: Actual division among the three separate yet co-equal branches of government that should instead engage in trilateral deference and collaboration. Probable collision between the Supreme Court and the Legislative now itself acting as a de facto judiciary body. Eventual deprivation of public service in favor of the people through their well paid and much self-remunerated public officials. In other words, thanks to the now on-going Impeachment Trial.

Thanks for the impeachment case that will give much needed competence to the Executive Department, which will ascertain the enactment of relevant and practical laws by the Legislative Department that will guarantee a well functional justice system all over the land particularly in the Lower Courts all over the land. This is indeed a consoling though but a vain expectation in reality and truth.

Thanks to the impeachment process that will provide food for the hungry, build shelters for the homeless, give clothes to those who are practically naked. It will also stop the ever rising prices of fuel, remedy the stagnancy of salaries, and do away with the more and more costly prime commodities. This is a fond hope, but a big futility just the same.

Thanks to the impeachment trial that will ferret the whole truth and nothing else but the truth and nothing else but the truth, which will promote justice and bring peace to the land – together with the much needed socio-economic development of the Country as a whole. It will definitely vanish graft and corruption forever, just as it will usher in honor and integrity in government service. Criminality, too, will be a thing of the past. Optimistic, yet, foolish thought.

It is not only consoling but also inspiring to know that public officials from the local to the national levels of the government are all adorned with honesty and rectitude in the handling of public funds, faithful and dedicated to the promotion of public welfare. More, it is a matter of pride and joy on the part of the people to know and be certain that all their public servants are filling their SALN regularly and truthfully!

“I can dream, can’t I?

In the Name of God, go!

It was recently reported that on the first day of the now on-going impeachment process, someone said with gusto and unction: “In the Name of God, go!” It is not often that such an injunction is heard – especially in the secular sphere. God was invoked and His name was used. Even for this reason alone, it is but proper to consider the different significance and nuances of this admittedly sacred and solemn invocation made on the occasion of a basically political exercise. It can be readily noted that the cited supplication can be intended as a blessing, an insult or curse.

A sacred mission with the needed blessing – this is one of the ordinary and usual intentions behind the proclamation. The agenda is difficult and may even be dangerous. Hence, nobody less than God Himself is called upon to accompany the agent. Nothing less than His Holy Name is invoked as an imperative not only for someone to undertake a mission but also to be successful in doing so. This is the right and proper finality behind the supplication “In the Name of God, go!” The truth of the matter is that the supplication finds its proper importance and significance when missionary rites are held for the propagation and promotion of the Faith.

A big and blatant insult with the proper ridicule – this is another conceivable objective behind the supplication. Among other things, it readily forward the following insinuations conveyed to the addressee: Get lost – you are a shame! Disappear from sight – you are disgusting! Be gone for good – you are an insult! Just as a coin has two sides, so too such a supposedly august prayer as “In the Name of God, go!” can be meant either as a fervent supplication of an insulting address. Which is what? It is not hard to reach the right conclusion when the appeal is taken into its proper context.

Finally, a curse or malediction levied against the addressee – this is the other very negative implication of the admonition. This is when the command becomes a blasphemy. It is calling God for something evil. It is invoking His Name in the context of condemnation. This is when the otherwise noble and ennobling order becomes a profanity, an impiety, a sacrilege even. Just for the record, a curse is a scourge upon the subject-object thereof; the latter’s malediction and scourge. The mandate “In the Name of God, go!” can be for anything but to shout an insult, to propel a curse.

Question: What would the command, directive or charge then mean? Answer: Said in the context of a partisan political skirmish, it is not hard to know what it meant.