Abandoning Your Family Can Be Basis for Annulment, According to the Supreme Court

(SPOT.ph) In a landmark decision, the Supreme Court of the Philippines has ruled that a spouse’s prolonged absence from the household can now be considered evidence of psychological incapacity, which can in turn be grounds for the annulment of a marriage.

This pronouncement was prompted by Leonora Dela Cruz's petition to nullify her marriage to Alfredo Lanuza, citing his “psychological incapacity.” They have been married since 1984 and have four children but his behavior was said to have changed over the years.

Dela Cruz claimed Lanuza had failed in his duties as husband and father, failing to provide financial support and often coming home late. It was also proven that Lanuza had extramarital affairs with other women.

Following the couple's separation in 1994, Lanuza went on to marry two women. He maintained minimal contact with his first family, visiting his children only once: during recognition day in school where he stayed for less than an hour.

A psychological evaluation for the court revealed that Lanuza suffered from “narcissistic personality disorder with underlying borderline personality traits,” which prevented him from fulfilling his marital obligations.

The Regional Trial Court rejected Dela Cruz's petition to annul the marriage, a decision that was upheld by the Court of Appeals. However, this was overturned by the Supreme Court when his psychological incapacity was noted to be “grave, incurable, and permanent in nature” by a clinical psychologist.

“Respondent's infidelity, failure to give support to his wife and children, and unjustified absence from his family are all indicative that he is not cognizant of the duties and responsibilities of a husband and father,” Senior Associate Justice Marvic Leonen wrote in the decision.

With this ruling, the Supreme Court annulled the marriage between Dela Cruz and Lanuza.

Also read: Cheating on Your Wife Is Considered Psychological Violence by Supreme Court

What are the grounds for marriage annulment in the Philippines?

There is no divorce law in the Philippines, but there is annulment.

Annulment is a legal process that declares a marriage void as if it never existed. The grounds for annulment are strictly defined under the Family Code of the Philippines, which includes the following:

• Lack of parental consent: If either party was between 18 and 21 years old at the time of marriage and did not obtain the required consent from parents or guardians.
• Mental incapacity: If one of the parties was of unsound mind at the time of marriage, especially if the mental incapacity was not apparent to the other party.
• Fraud: If consent to the marriage was gained through fraud. This includes lying about one’s character, health, or any other significant matter.
• Force, intimidation, or undue Influence: If one party was forced or coerced into the marriage.
• Impotence or physical incapacity: If one party is physically incapable of consummating the marriage with no possibility of curing the condition.
• Sexually transmitted disease: If one party had an incurable sexually transmitted disease at the time of marriage without properly disclosing it to the other party.

Executive Order No. 227 amended Article 36 of the Family Code to also include psychological incapacity—or the inability of one or both parties to fulfill the essential marital obligations due to a psychological disorder that existed at the time of the marriage. In a 2021 ruling, the Supreme Court clarified that psychological incapacity is not a medical but a legal concept.

Also read: What Constitutes as Rape? No Penetration Necessary, Supreme Court Rules