In the Philippine legal system, the dissolution of a marriage is a complex process governed strictly by the Family Code of the Philippines (Executive Order No. 209). A common misconception is that the simple act of "abandonment"—where one spouse leaves the family home—is an automatic ground for the Declaration of Nullity of Marriage.

In reality, Philippine law treats abandonment differently depending on whether the petitioner seeks a total nullity, an annulment, or a legal separation.

1. The Distinction: Nullity vs. Legal Separation

To understand how abandonment fits into the law, one must distinguish between a marriage that is Void (Nullity) and one that is Voidable (Annulment), versus a marriage that remains valid but allows for Legal Separation.

Legal Remedy	Status of Marriage	Role of Abandonment
Declaration of Nullity (Art. 36)	The marriage is void from the beginning (ab initio).	Used as evidence of Psychological Incapacity.
Legal Separation (Art. 55)	The marriage bond remains; spouses live apart.	Direct ground if abandonment lasts more than one year.
Presumptive Death (Art. 41)	Valid for the purpose of remarriage.	Grounded on the disappearance of a spouse for 4 years (or 2 in danger).

2. Abandonment as a Symptom of Psychological Incapacity (Article 36)

The most common route for seeking a "nullity" involving abandonment is Article 36 of the Family Code. This article states that a marriage is void if one (or both) of the parties was psychologically incapacitated to comply with the essential marital obligations at the time of the celebration of the marriage.

How Abandonment Proves Incapacity

Abandonment is not a standalone ground for nullity, but it is frequently presented as a primary manifestation of Psychological Incapacity. The courts look for:

Gravity: The abandonment must be a serious neglect of the "essential marital obligation" to live together, observe mutual love, respect, and fidelity.
Juridical Antecedence: The root cause of the abandonment (e.g., a personality disorder like Narcissistic Personality Disorder or Antisocial Personality Disorder) must have existed at the time of the wedding, even if it only manifested through abandonment later.
Incurability: Under the landmark ruling of Tan-Andal v. Andal (2021), incurability is no longer viewed in a strictly medical/clinical sense but in a legal sense—meaning the spouse’s personality structure makes them truly incapable of fulfilling their duties.

Legal Note: In Tan-Andal, the Supreme Court relaxed the requirement for a psychologist's personal examination of the abandoning spouse, allowing the totality of evidence (testimony of the abandoned spouse and witnesses) to prove the incapacity.

3. Abandonment as a Ground for Legal Separation (Article 55)

If a spouse has been abandoned for more than one year without justifiable cause, the abandoned spouse may file for Legal Separation under Article 55(10).

Limitations of Legal Separation:

The marriage is not dissolved; neither party can remarry.
The court merely decrees a separation of bed and board and a liquidation of the absolute community or conjugal partnership properties.
The "abandoning" spouse loses their right to inherit from the innocent spouse by intestate succession.

4. Disappearance and the Summary Proceeding for Presumptive Death

Under Article 41, if a spouse has been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse is dead, the present spouse may file a summary proceeding for the declaration of presumptive death.

Wait Period: Reduced to two years if the disappearance occurred under "danger of death" (e.g., a shipwreck or plane crash).
Purpose: This is specifically to allow the present spouse to remarry.
Effect of Reappearance: If the absent spouse reappears, the second marriage is automatically terminated by the mere recording of an Affidavit of Reappearance.

5. Summary of Essential Marital Obligations

For abandonment to lead to a declaration of nullity, the petitioner must prove that the departure constitutes a failure to meet the obligations set in Articles 68 to 71 of the Family Code:

Living together in the family home.
Mutual love, respect, and fidelity.
Rendering mutual help and support.

Judicial Criteria for Success

To win a case for nullity based on abandonment (via Art. 36), the petitioner must show that the abandonment was not just a result of a "refusal" or "neglect," but a total incapacity to grasp the significance of the marital bond. If the spouse left simply because of a "difficulty" or "irreconcilable difference," the court may deny the petition for nullity, as the law protects the "inviolability of marriage" as a social institution.

6. Procedural Requirements

Petition: Filed in the Family Court of the province or city where the petitioner or respondent resides.
Colloquy/Pre-trial: To ensure no collusion exists between parties.
Prosecutor’s Investigation: The State, through the Public Prosecutor, investigates to ensure the parties aren't faking the abandonment to get a "quick divorce."
Evidence: Testimonies, psychiatric evaluations (if possible), and proof of the duration and nature of the abandonment.