Short answer: A long separation by itself is not a legal ground to end a Philippine marriage. However, you may file a petition for annulment (voidable marriage) or declaration of nullity (void marriage) through the Public Attorney’s Office (PAO) if (1) you qualify for PAO assistance and (2) you have a legally recognized ground under the Family Code—with the separation serving only as context or evidence, not the ground.

This article explains (A) what PAO can and cannot do, (B) the difference between annulment and nullity, (C) why “long separation” isn’t a ground but can matter, (D) alternatives some separated spouses actually need, and (E) the process, timelines, costs, effects, and practical tips.

A. PAO: Who Qualifies and What Help It Provides

1) What PAO is. The Public Attorney’s Office is the government’s legal aid service. It represents indigent clients in criminal, civil, labor, administrative, and family cases—including annulment/nullity petitions—subject to a means test and an assessment that the case is meritorious.

2) Indigency requirement. PAO applies an income-based means test (net take-home pay and overall financial situation). If you exceed the threshold or own substantial assets, PAO may decline. If you qualify, you may also be treated as a pauper-litigant, which can support a request for court fee waivers.

3) Scope of assistance. If accepted, PAO can:

Advise you on the proper remedy (nullity vs annulment vs legal separation vs recognition of foreign divorce, etc.).
Prepare and file the petition in the Family Court (Regional Trial Court with family jurisdiction).
Represent you in hearings, pre-trial, trial, and related incidents (e.g., provisional orders on custody, support, protection).
Coordinate on fee waivers and court processes.

4) Limitations.

PAO cannot represent both spouses in the same case.
PAO may decline if the case lacks a viable legal ground.
Professional services such as psychological evaluation are not automatically free; availability of partner-providers varies by locality.

B. Annulment vs Declaration of Nullity (and Legal Separation)

Understanding remedies avoids costly misfilings:

1) Declaration of Absolute Nullity (for void marriages). A marriage is treated as never valid (void ab initio). Common grounds include:

Psychological incapacity (Family Code Art. 36) as interpreted by the Supreme Court (no longer strictly medical; it is a legal concept characterized by grave, antecedent, and incurable inability to assume essential marital obligations).
No marriage license (subject to limited exceptions, e.g., 5-year cohabitation under Art. 34).
Bigamy/polygamy (unless the prior spouse was presumed dead under Art. 41 and proper steps were taken).
Incestuous or against public policy marriages (Arts. 37–38).
Lack of authority of the solemnizing officer without good-faith belief by the parties.
Non-compliance with Art. 52/53 recording requirements after a prior dissolution affecting property/legitimacy consequences.

2) Annulment (for voidable marriages). The marriage is initially valid but can be annulled for grounds under Art. 45, such as:

Lack of parental consent (if 18–21 at the time).
Insanity existing at the time of marriage.
Fraud, force/intimidation/undue influence.
Impotence (incurable).
Serious sexually transmissible disease unknown to the other at the time.

3) Legal separation (does not dissolve the marriage). Available on grounds like abandonment of more than one year, repeated physical violence, drug addiction, etc. Spouses live apart and property relations can be separated, but neither can remarry.

C. Where “Long Separation” Fits In

“Long separation” is not a ground for nullity or annulment. However, it can be legally relevant:

Evidence of psychological incapacity. A prolonged, unexplained separation may support a narrative of a spouse’s enduring inability to perform essential marital obligations (e.g., persistent irresponsibility, abandonment). The court still requires proof that the incapacity was grave, rooted before or at the time of marriage, and incurable (legally, not necessarily medically).
Ground for legal separation—abandonment. If one spouse abandons the other for at least one year, that can justify legal separation, not dissolution.
Presumptive death (Art. 41). If a spouse has been missing for at least 4 years (or 2 years if disappearance occurred under danger of death) and the present spouse has a well-founded belief that the absentee is dead, the present spouse may petition the court to declare presumptive death—allowing remarriage. This is not an annulment/nullity case, but some who say they’re “long separated” actually need this remedy.

D. The Usual Court Process (Nullity/Annulment)

While details vary by court station, expect these stages:

Intake & Case Building (with PAO, if qualified).
- Gather documents: PSA marriage certificate; children’s birth certificates; IDs; proof of residence; evidence supporting your ground (messages, affidavits, police/barangay records, medical/psych opinions, financial records, etc.).
- If alleging psychological incapacity, PAO will assess whether the facts show gravity, juridical antecedence, and incurability; a psychological report is now helpful but not strictly required under current jurisprudence.
Filing in the Family Court where you or your spouse resides.
- Petition captioned as nullity or annulment (not “annulment” as a catch-all).
- Docket and filing fees may be waived upon proper showing of indigency.
Raffle; Pre-Trial; Prosecutor’s Participation.
- A public prosecutor appears to rule out collusion and fabrication—the State is an interested party in marriage cases.
- Pre-trial sets issues and may issue provisional orders on custody, support, and access/visitation.
Trial & Evidence.
- Your testimony, corroborating witnesses, documents, and, where applicable, expert testimony.
- Judicial Affidavit rule commonly applies; cross-examination follows.
Decision; Post-Judgment Steps.
- If granted, secure entry of judgment, civil registry annotation, and release of certified copies.
- Property liquidation (absolute community/conjugal partnership), custody, support, and use of surnames are addressed per the Family Code and the court’s orders.
- Appeal may be taken by the adverse party or the State; finality is needed before remarriage.

E. Time, Cost, and Practicalities

Timeline. Cases often run many months to a few years, depending on court congestion, witness availability, and complexity (especially psychological incapacity).
Costs. If you qualify, PAO’s legal services are free. Court fees may be waived for pauper litigants, but incidental expenses (e.g., psychological assessment, document procurement, travel) may still arise.
No guaranteed outcome. The court will dismiss a petition if the ground is not proven—even after a long separation.

F. Effects If Granted

1) Children.

In annulment (voidable marriage), the marriage was valid until annulled; children remain legitimate.
In nullity (void marriage), children are generally illegitimate under the Family Code (with usual rights to support and legitime as provided by law). This is separate from property co-ownership rules for partners who lived together (Arts. 147/148).

2) Property.

Liquidation of the property regime (absolute community or conjugal partnership), plus settlement of debts and delivery of presumptive legitimes to children if applicable.

3) Names.

A wife may resume her maiden name; specific circumstances and court pronouncements control.

4) Remarriage.

Only after finality of judgment and proper civil registry annotation. For presumptive death cases, remarriage is allowed after the court declaration becomes final.

G. Common Scenarios for “Long-Separated” Spouses

Spouse vanished years ago. Consider presumptive death if the statutory period and “well-founded belief” standard are met; otherwise, you still need a ground for nullity/annulment.
Irreconcilable differences. Not a ground. Explore Art. 36 psychological incapacity only if facts meet the legal elements; mere incompatibility or negligence is insufficient.
Domestic violence or abandonment. May justify legal separation (not dissolution) and protection orders; evidence is crucial.
Foreign divorce. If your foreign spouse obtained a divorce abroad, you may pursue judicial recognition of foreign divorce in the Philippines to remarry here. If both Filipino, a foreign divorce does not dissolve the marriage under Philippine law.

H. How to Move Forward with PAO

Check eligibility. Prepare proof of income and assets for PAO’s means test.
Bring your facts and documents. Timelines of the relationship, separation details, attempts at reconciliation, and specific behaviors supporting the legal ground.
Be open to the correct remedy. PAO may advise nullity, annulment, legal separation, presumptive death, or recognition of foreign divorce—whichever fits your facts.
Set expectations. Even with long separation, evidence of a statutory ground is decisive. Court processes take time and require your participation.

I. Key Takeaways

Long separation alone does not end a marriage.
You can pursue nullity or annulment through PAO if you qualify and have a valid ground.
Separation can strengthen a case by evidencing incapacity/abandonment but is not the ground itself.
Consider other remedies (legal separation, presumptive death, recognition of foreign divorce) where appropriate.
The quality of evidence—not the length of separation—drives results.

Practical Document Checklist (Starter)

PSA marriage certificate (SECPA).
PSA birth certificates of children (if any).
Proof of residence.
Income/asset documents (for PAO indigency).
Narrative timeline with dates and key incidents.
Corroboration: affidavits of relatives/friends, barangay/police blotters, hospital records, messages, financial records.
Expert report (if alleging psychological incapacity), if available.

If you want, tell me your city/province and basic circumstances (no names needed), and I’ll map your facts to the right legal remedy and a court-facing theory of the case you can discuss at PAO.