ANNULMENT ON THE GROUND OF FAILURE TO PROVIDE SUPPORT IN THE PHILIPPINES (A doctrinal and practical guide)
1. Key Statutes & Constitutional Framework
| Source | Relevant Text (excerpt) |
|---|---|
| Family Code of the Philippines (E.O. 209, as amended) | Art. 68 – spouses are obliged to live together, observe mutual love, respect & fidelity, and render mutual support. Art. 45 – enumerates the specific grounds for annulment (e.g., lack of parental consent, fraud, impotence). Failure to support is not expressly listed. Art. 36 – a marriage is void ab initio when “either party was psychologically incapacitated to comply with the essential marital obligations.” Art. 55 (6) & (10) – legal separation may be sought for “habitual neglect of duties” or “other causes analogous” to the listed grounds. |
| Civil Code (Arts. 194-208) | Defines “support” (everything indispensable for sustenance, dwelling, clothing, education & medical attendance) and the parties obliged to give it. |
| Republic Act No. 9262 | Criminalizes economic abuse of a wife/child, including “deprivation or threat of deprivation of financial support.” |
| Constitution, Art. II & XV | The State protects the family; spouses enjoy equality of rights & responsibilities. |
2. Is Failure to Support a Stand-Alone Ground for Annulment?
Short answer: No. Under Art. 45 the enumerated annulment grounds are exclusive. Mere non-support does not automatically void a marriage; it is normally remediable by support actions or, in severe cases, by legal separation or criminal prosecution.
3. How Can Non-Support Still Lead to a Decree of Nullity?
Via Art. 36 (Psychological Incapacity) if the refusal/inability to support is:
- Rooted in a grave psychological illness existing before the marriage;
- Permanent/incurable (not merely stubbornness or job loss);
- So serious that it renders the spouse incapable of fulfilling any essential marital obligations (support, co-habitation, fidelity).
Jurisprudential Guidance
- Santos v. CA (G.R. 112019, 16 Jan 1995) – first case recognizing psychological incapacity; must be “incurable” and “grave.”
- Republic v. Molina (G.R. 108763, 16 Feb 1997) – set the Molina guidelines (juridical antecedence, gravity, incurability, etc.).
- Marcos v. Marcos (G.R. 136490, 19 Oct 2000) – expert testimony preferred but not indispensable.
- Te v. Te (G.R. 161793, 13 Feb 2009) – chronic indolence & refusal to work may show incapacity if rooted in a clinically-recognized disorder.
- Tan-Andal v. Andal (G.R. 196359, 11 May 2021) – softened Molina; psychological incapacity need not be a strict mental illness, but must still be serious, juridically antecedent & personality-based.
Taken together, habitual, deliberate non-support can be a symptom proving psychological incapacity when it stems from a deep-seated personality disorder (e.g., antisocial or narcissistic traits). The petitioner must prove this through:
- psychiatric or psychological evaluation reports;
- testimonies of family members, friends, priests, counselors;
- documentary records showing chronic job abandonment, gambling, dissipation of assets, or repeated RA 9262 convictions.
4. Distinguishing Remedies
| Remedy | Standard | Result | Waiting Time to Remarry |
|---|---|---|---|
| Action for Support (Arts. 194-203) | Proof of need & ability | Court orders monthly/periodic support; may garnish salary/assets | N/A (marriage remains) |
| Criminal Complaint (RA 9262) | Proof of economic abuse “within the context of violence” | Imprisonment 6 mos-6 yrs; protection orders; support | N/A |
| Legal Separation (Art. 55) | “Habitual neglect” or analogous cause; filed within 5 yrs of last act | Bed & board separate; property regime dissolved; no remarriage | N/A |
| Annulment (Art. 45) | Must fit one of 6 specific grounds; non-support not included | Marriage voidable; parties may remarry after finality & registration | After decree’s finality |
| Nullity (Art. 36) | Psychological incapacity; may be proved by habitual non-support | Marriage void from the start; parties free to remarry immediately after finality & entry | Immediate |
5. Procedural Roadmap for a Psychological-Incapacity Petition Based on Non-Support
Venue – Regional Trial Court (Family Court) where either spouse resides.
Pleadings – Verified petition citing Art. 36; attach:
- Marriage certificate (PSA-authenticated)
- Birth certificates of children
- Psychiatric report
- Affidavits & documentary evidence (bank records, demand letters, barangay blotters, RA 9262 cases).
Summons & Collusion Investigation – Prosecutor determines no collusion.
Pre-trial – Support pendente lite may be sought here.
Trial – Testimony of petitioner, psychiatrist/psychologist, corroborating witnesses. Office of the Solicitor General (OSG) will cross-examine; failure to convince them often stalls petitions.
Decision – If granted, the court:
- Declares the marriage void;
- Orders liquidation of property regime;
- Orders support & custody of children.
Registration – Decree recorded with the Local Civil Registrar and PSA.
Remarriage – Allowed once the decision is final & recorded.
Typical Timelines: 2-4 years in Metro Manila; 1-2 years in less congested provinces. Cost ranges PHP 180,000 – 500,000 (lawyer’s fees, psychologist, filing fees).
6. Evidentiary Tips
| Evidence Type | Illustrative Examples | Weight |
|---|---|---|
| Medical/Psychological | Diagnostic Psychological Evaluation (DPE) indicating antisocial traits, pathological irresponsibility, compulsive gambling | Very high, especially if unrebutted |
| Documentary | Payroll records showing no steady job; demand letters; unpaid tuition/medical bills; final & executory RA 9262 conviction | High |
| Testimonial | Neighbors about constant abandonment; children about lack of food; colleagues about habitual quitting | Moderate |
| Expert Affidavit | Financial analyst testifying to dissipation of assets | Moderate |
7. Common Pitfalls & How Courts View Them
- Temporary unemployment ≠ psychological incapacity.
- Bad attitude / selfishness alone insufficient (Republic v. Quitangon, 2005).
- Collusion suspicions – sudden reconciliation or recycled psychiatric reports.
- Insufficient linkage – must prove incapacity caused the non-support, not vice-versa.
8. Comparative Notes: Annulment vs. Legal Separation for Non-Support
| Factor | Nullity (Art. 36) | Legal Separation (Art. 55) |
|---|---|---|
| Threshold | Serious mental condition antecedent & incurable | Habitual neglect / abandonment for ≥1 year |
| Burden of Proof | Clear & convincing; requires expert evidence | Preponderance; may rely on documentary proof |
| Effect on Status | Marriage extinguished | Marriage subsists |
| Children's Legitimacy | Legitimate | Legitimate |
| Property | Liquidated; no conjugal accruals henceforth | Conjugal partnership dissolved but no right to remarry |
9. Practical Counsel for Petitioners
- Secure steady evidence of non-support – bank statements, receipts you paid alone, RA 9262 complaints.
- Undergo a credible DPE early; choose a psychologist whose credentials withstand OSG scrutiny.
- Consider legal separation first if proof of psychological incapacity is weak; you still get financial relief and custody.
- Try barangay mediation to document refusal to support; later useful in court.
- File for support pendente lite—you don’t have to wait for the decree to secure interim relief.
10. Frequently Asked Questions
| Question | Brief Answer |
|---|---|
| How much support can the court order while the case is pending? | Based on needs of the spouse/children and means of the respondent; may be 20-50 % of net income or a fixed amount. |
| Can I sue criminally and file a nullity case simultaneously? | Yes. A RA 9262 case is independent; conviction bolsters the civil petition. |
| Does non-support for < 1 year qualify? | For legal separation, no – at least 1 year abandonment. For Art. 36, duration itself is not controlling; pattern matters. |
| Will the court automatically award damages? | Moral & exemplary damages may be awarded if bad faith and suffering proved. |
| What if the spouse suddenly pays support during the case? | It may weaken evidence of habitual neglect but won’t cure a proven psychological incapacity. |
11. Take-aways
Failure to provide support alone is not a statutory ground for annulment, yet it can be the manifestation of a deeper psychological incapacity under Art. 36. Petitioners must connect the dots through robust psychiatric evidence and corroborating records. Where the neglect is “mere” irresponsibility, remedies like legal separation, support actions, or RA 9262 prosecution may be more appropriate and cost-effective.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Laws, jurisprudence and procedural rules evolve; consult a Philippine family-law practitioner for advice on your specific circumstances.