Below is a comprehensive discussion on the topic of “abandonment” in the context of annulment (and related remedies) under Philippine law. While “abandonment” per se is not listed as an independent ground for annulment in the Family Code of the Philippines, it frequently arises in marriage-related cases, particularly legal separation and sometimes in actions for declaration of nullity under “psychological incapacity.” This article clarifies the legal principles, applicable grounds, and common misconceptions surrounding abandonment in Philippine marriage law.

1. Annulment vs. Declaration of Nullity vs. Legal Separation

Before delving into abandonment, it is crucial to distinguish three major legal remedies under Philippine marriage law:

Annulment of Marriage – A remedy where a marriage is considered valid up to the time it is annulled. Grounds for annulment (Articles 45 & 46, Family Code) include:
- Lack of parental consent (for individuals 18–21 years old at the time of marriage)
- Unsound mind
- Fraud
- Force, intimidation, or undue influence
- Physical incapacity to consummate the marriage (impotence) existing at the time of marriage
- Sexually transmissible disease of a serious and incurable nature
Declaration of Nullity of Marriage – A remedy where the marriage is considered void from the beginning if it falls under certain circumstances (e.g., bigamous marriages, incestuous marriages, psychological incapacity under Article 36, and others). If granted, the marriage is treated as having never existed in law.
Legal Separation – A remedy that does not sever or dissolve the marital bond but allows spouses to live separately and divide their properties, among other consequences. Grounds for legal separation (Article 55, Family Code) include, among others, repeated physical violence, drug addiction, and abandonment without justifiable cause for more than one year.

Where Does “Abandonment” Fall?

Abandonment, by itself, is not a ground for annulment under Articles 45 and 46 of the Family Code.
However, abandonment is an express ground for legal separation under Article 55(1) of the Family Code, if it is without justifiable cause and lasts for more than one year.
In some scenarios, a party might attempt to use “abandonment” to support an argument for “psychological incapacity” under Article 36 (for a Declaration of Nullity of Marriage). That typically requires showing that one spouse’s mental or personality disorder rendered him or her incapable of fulfilling fundamental marital obligations—of which desertion or abandonment might be a manifestation.

2. Understanding Abandonment in Philippine Law

2.1. Definition of Abandonment

In general legal terms, abandonment is the act by which one spouse leaves the conjugal dwelling without the intention of returning and without providing financial support or fulfilling basic marital obligations. It entails more than just physical separation; there is also the idea that the abandoning spouse withdraws moral, emotional, and financial support.

2.2. Relevance in Legal Separation

Philippine law explicitly recognizes abandonment as a ground for legal separation. Under Article 55(1) of the Family Code, abandonment without justifiable cause for more than one year is a basis to file for legal separation. The law, however, imposes certain time bars and procedural requirements:

Period for Filing: The action for legal separation must be filed within five years from the time of the occurrence of the cause (Article 57, Family Code).
One-Year Duration: The abandonment must last for at least one continuous year.
Without Justifiable Cause: The spouse who leaves must not have a valid reason (e.g., violence at home, or other legally cognizable cause).

2.3. Relevance in Declaration of Nullity (Psychological Incapacity)

Although abandonment is not a standalone ground for declaration of nullity, it may be used as evidence of a spouse’s “psychological incapacity” under Article 36 of the Family Code. To succeed, one must prove:

That the abandoning spouse has a grave psychological condition that existed before or at the time of marriage;
Such condition makes it impossible for the spouse to comply with essential marital obligations (love, respect, fidelity, cohabitation, mutual help, support, etc.);
The behavior (abandonment) is deeply rooted, permanent, and incurable.

Filipino case law clarifies that not all mere refusal or desertion equates to psychological incapacity. Courts often require expert testimony (e.g., psychological reports) and evidence showing that the spouse’s leaving of the conjugal home is symptomatic of a severe personality disorder, not just a product of conflict, anger, or economic hardship.

3. Common Misconceptions About Abandonment as a Ground for Annulment

“Abandonment is a direct ground for annulment.”
– This is incorrect. The Family Code does not list abandonment among the grounds for annulment (Articles 45 and 46).
“If my spouse leaves me, I can file for annulment.”
– Abandonment could form part of the factual scenario used to prove psychological incapacity, but on its own, it does not automatically nullify or annul a marriage. It is more directly relevant to legal separation.
“Abandonment automatically dissolves the marriage.”
– Desertion or abandonment does not end the marriage. In the Philippines, only a judicial decree of annulment or nullity ends the marital bond.
“After abandonment, I can remarry if I just get a court decree of annulment.”
– You still need to prove the recognized legal grounds for annulment or nullity. Mere separation (physical or otherwise) does not allow you to remarry. Doing so without a final court decree (annulment or nullity) may expose you to bigamy charges.

4. Procedural Aspects and Practical Considerations

4.1. Filing the Correct Petition

If the sole issue is your spouse deserting you for more than a year, you might consider legal separation.
If you genuinely believe your spouse’s abandonment stems from a profound psychological disorder that renders them permanently incapable of fulfilling marital duties, you may consider a petition for declaration of nullity of marriage based on psychological incapacity.
Annulment based on traditional grounds (fraud, force, STD, etc.) typically does not cover abandonment.

4.2. Evidentiary Requirements

In a suit for legal separation, you must prove the fact of abandonment, its duration (over one year), and the lack of justifiable cause.
In a suit for declaration of nullity based on psychological incapacity, expect to present a psychiatrist or psychologist who can attest to the spouse’s condition, including how it manifests and why it is incurable. Instances and details of desertion can support the expert’s conclusions.

4.3. Effects on Property and Support

Legal Separation: If legal separation is granted on the ground of abandonment, the court may order separation of property, child custody arrangements, and/or alimony.
Declaration of Nullity or Annulment: Nullity or annulment also covers property regime dissolution, child custody, and support, but the approach differs based on whether the marriage is considered void from the start or only voidable.

4.4. Collateral Consequences

Abandonment could be coupled with issues of spousal or child support. A spouse who abandons without providing for the family may face separate civil or criminal liabilities, particularly under Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act) if the spouse’s action constitutes economic abuse.

5. Key Points of Jurisprudence and Guidance

No Automatic Annulment: Philippine courts have consistently ruled that desertion or abandonment alone does not automatically render a marriage void or voidable.
Psychological Incapacity Must Be Proven: When abandonment is used to support a ground of psychological incapacity, evidence must show the defect’s juridical antecedence (existing at or before the marriage), permanence, and gravity.
Strict Interpretation: The Supreme Court has repeatedly cautioned against freeing parties from marital bonds except on strict grounds. Hence, it is not uncommon for petitions solely relying on “abandonment” as a sign of psychological incapacity to be denied if the evidence points instead to irreconcilable differences, difficulty adjusting, or simple marital conflict.

6. Conclusion and Recommendations

In the Philippine context, abandonment is not by itself a direct ground for annulment of marriage. Instead, it is:

A direct ground for legal separation if the desertion is without justifiable cause and lasts for more than one year; or
A potential factual basis to establish the spouse’s psychological incapacity if you seek a declaration of nullity (not annulment) under Article 36, but only if accompanied by solid proof of a spouse’s grave and incurable psychological disorder.

If you or someone you know is considering legal remedies due to abandonment or other marital problems, it is best to consult a Philippine family law attorney. A lawyer can help determine whether the facts fit the grounds for legal separation, psychological incapacity (nullity), or another remedy altogether. Accuracy in framing the grounds, strong documentary or testimonial proof, and strict adherence to procedural rules are crucial for a successful petition.

Disclaimer: This article is for general informational purposes and does not constitute legal advice. Always consult a qualified lawyer for guidance specific to your situation.