1. Why the Question Even Arises

Filipinos who feel “abandoned” often ask whether that fact alone will void their marriage. The short answer under the Family Code of the Philippines (E.O. No. 209, as amended) is No, abandonment by itself is not an independent ground for annulment (a voidable-marriage remedy). But the long answer is more nuanced, because:

Abandonment is an explicit ground for legal separation (Art. 55 [10]).
Abandonment may justify a judicial declaration of presumptive death that frees the abandoned spouse to remarry (Art. 41).
Persistent or reckless abandonment can supply the factual core of psychological incapacity (Art. 36)—a ground for a declaration of absolute nullity, not “annulment” in the technical sense, but often lumped together in lay speech.

Understanding where abandonment fits therefore requires mapping the Code’s three distinct marital remedies.

Remedy	Who may file / Effect on marriage	Where abandonment fits	Waiting period / time‐bar
Declaration of Nullity (void ab initio)	Either spouse; marriage treated as never having existed	If abandonment evidences psychological incapacity (Art. 36)	None; action never prescribes
Annulment (voidable)	Injured spouse; marriage valid until decree	Not a statutory ground (Art. 45 lists 6 grounds only)	Generally 5‐year prescriptive periods vary per ground
Legal Separation	Innocent spouse; parties remain married but bed-and-board separated	Art. 55 (10): “Abandonment of petitioner by respondent without justifiable cause for more than 1 year"	Must be filed within 5 years from cause
Declaration of Presumptive Death	Present spouse who seeks to remarry	4-year absence (2 yrs if disappearance in danger of death) + diligent search (Art. 41-42)	None

2. Annulment Under Article 45: Why Abandonment Is Not Listed

Article 45 allows annulment if, at the time of marriage:

One party was 18-21 and lacked parental consent;
Either party was of unsound mind;
Consent obtained by fraud;
Consent obtained by force, intimidation or undue influence;
Either party was physically incapable of consummating the marriage;
Either party had an incurable sexually transmissible disease.

Because abandonment occurs after a valid wedding, it cannot retroactively vitiate consent or capacity. Congress deliberately left it out to protect the stability of marriages once validly contracted.

3. When Abandonment Does Matter

3.1 Legal Separation (Art. 55 [10])

Elements:

Fact of abandonment for at least one (1) continuous year immediately preceding the filing;
Without justifiable cause (e.g., not an OFW contract, wartime conscription, or safety-related flight);
Without consent of the petitioner.

Proof often comes from:

Barangay blotter entries;
Sworn statements of relatives or neighbors;
Non-issuance of travel authority to own dependents;
Absence of financial support.

Legal separation does not dissolve the marriage bond; neither spouse may remarry. Property relations become separation of property, and the “guilty” spouse can lose rights to the family home (Art. 63).

3.2 Presumptive Death for Purposes of Remarriage (Art. 41)

If a spouse disappears for four (4) consecutive years (or 2 years in perilous circumstances) and the present spouse has a “well-founded belief” the absentee is dead, the court may issue a declaration of presumptive death. This is not an annulment; it merely removes the impediment to a second marriage, which will be void if no judicial declaration is first obtained (Art. 35[4]; Art. 41 ¶ 2).

3.3 Psychological Incapacity (Art. 36)

The doctrinal test laid down in Republic v. Molina (G.R. No. 108763, 13 Feb 1997) and refined in Tan-Andal v. Andal (G.R. No. 196359, 11 May 2021) treats psychological incapacity as a deeply rooted personality disorder existing before and at the time of the marriage, rendering one truly incapable of complying with essential marital obligations. Abandonment, when:

Repeated,
Callous (no support, no communication), and
Symptomatic of a clinically established personality disorder (e.g., antisocial, narcissistic, dependent personality),

may serve as compelling evidence that the abandoning spouse is “incapacitated.” Unlike early jurisprudence that required expert testimony, Tan-Andal now allows courts to infer incapacity from behavior, though psychiatric or psychological reports remain persuasive.

Illustrative cases (selected):

Case	Holding	Role of Abandonment
Te v. CA (G.R. 161793, 13 Feb 2009)	Marriage void; husband’s serial desertions, womanizing, and refusal to support family manifested antisocial traits	Abandonment as gravamen of incapacity
Kalaw v. Fernandez (G.R. 166357, 14 Jan 2015)	Petition dismissed; wife failed to prove that husband’s leaving home stemmed from a pre-existing disorder	Abandonment alone insufficient
Tan-Andal v. Andal (2021)	Recast Molina criteria; psychological incapacity now treated as a disorder “grave, juridically antecedent, and incurable”	Desertion over 12 years helped show incurability

4. Procedural Roadmap in an Annulment/Psychological-Incapacity Petition

Venue: Regional Trial Court (Family Court) where either spouse resides for the last 6 months, or where the petitioner has resided for at least 6 months if overseas.
Verified Petition under A.M. No. 02-11-10-SC (Rule on Nullity, Annulment & Legal Separation).
O.P.A. & Public Prosecutor: The court orders an Office of the Solicitor General (OSG)- monitored investigation to rule out collusion.
Pre-trial: Settlement of issues, stipulations, referral to mediation for custody/support if applicable.
Trial: Burden of proof is preponderance of evidence. In psychological-incapacity cases, experts, lay witnesses, and documentary proof of abandonment (communications, financial records) may be submitted.
Decision: A decree becomes final after 15 days unless appealed.
Registration: Final decree recorded with Local Civil Registry (LCR) and Philippine Statistics Authority (PSA); property liquidation and delivery of presumptive legitimes to common children are mandatory (Art. 50-51).

5. Evidentiary Highlights When Abandonment Is Alleged

Evidence Type	Why Helpful
Travel/immigration records (Bureau of Immigration stamps, airline manifests)	Demonstrate date of departure and non-return
Bank transfers/receipts (or their absence)	Show withdrawal of support and economic abuse
Social-media activity	Posts proving new cohabitation, disinterest in family
Barangay or police blotters	Corroborate desertion dates and efforts to find spouse
Medical/psychiatric evaluations	Link abandonment to a personality disorder
Affidavits of relatives/neighbors	Describe day-to-day impact on spouse/children

6. Criminal and Civil Exposure of the Abandoning Spouse

VAWC (R.A. 9262, “economic abuse”)—wilful non-support punishable by imprisonment of six (6) months + fine.
Parental Support (Art. 195, Family Code)—action to compel support may proceed even during or after an annulment.
Concubinage/Adultery—if abandonment accompanied by cohabitation with another.
Civil damages—moral and exemplary damages under Art. 101 of the Family Code (post-legal-separation) or Art. 2229–2232 of the Civil Code (if tortious).

7. Effects on Children and Property Once a Decree Is Granted

Aspect	Declaration of Nullity (Inc. Psych. Incap.)	Annulment	Legal Separation
Status of children	Legitimate if born before 10 Oct 2003 (effectivity of Family Code IRR); thereafter, legitimate unless Art. 36 case still legitimate	Legitimate	Legitimate
Property regime	Conjugal/ACP dissolved; equal division unless bad-faith spouse forfeits share beyond pinalty	Same	Separation of property; guilty spouse forfeits share in family home
Successional rights	Severed prospectively	Id.	Intact; spouses still heirs
Right to remarry	Yes	Yes	No (unless later obtains civil declaration of nullity or annulment)

8. Frequently Asked Practical Questions

Question	Short Answer
I have been abandoned for less than a year. Can I already file something?	You may file for support or VAWC relief, but legal separation needs ≥ 1 year abandonment, and presumptive death needs ≥ 4 years. You may start documenting now if you anticipate a psychological-incapacity petition.
Do I need a psychologist?	Highly advisable when invoking Art. 36: expert testimony, while no longer mandatory, usually clarifies the disorder and its antecedence.
Will the court grant annulment faster if my spouse ignores the summons?	Not necessarily. Even if respondent defaults, the OSG will oppose weak or collusive petitions; you still bear the full burden of proof.
My spouse left five years ago and sends no support, but we talk occasionally.	Intermittent contact and support can undermine a claim of abandonment or psychological incapacity, but each case is fact-sensitive.

9. Legislative & Policy Notes (as of May 2025)

Absolute divorce bills have repeatedly passed the House but remain stalled in the Senate; abandonment would be a primary ground if enacted.
The Office of the Solicitor General continues to oppose “token” psychological-incapacity petitions to prevent divorce “through the back door.”
Court-annexed mediation and the online filing pilot (SC A.C. No. 21-07-26-SC) streamline uncontested nullity cases but do not lower evidentiary standards.

10. Key Take-aways

Abandonment alone does not annul a Philippine marriage.
It is, however, a statutory ground for legal separation and a practical building block for psychological incapacity or presumptive death.
Success in court turns on evidence: timing, unjustifiability, and linkage to a disabling psychological condition.
Even after a decree, parties must liquidate property, settle support, and register the judgment; failure voids a subsequent marriage (Art. 53).
Consult counsel early—document everything from the first day of desertion; legal strategy pivots on dates and proof.

This article is for informational purposes only and does not create an attorney-client relationship. Always consult a Philippine family-law practitioner for advice tailored to your facts.