Abandonment of a spouse or a child is not merely a personal or moral failing in the Philippine legal system; it carries significant civil and criminal implications. The state, under the 1987 Constitution, is mandated to protect the sanctity of family life and the best interests of the child. Consequently, several laws—ranging from the Family Code to special penal laws—address the act of desertion.

I. Legal Definition of Abandonment

In the Philippine context, abandonment is generally understood as the "willful and unjustifiable" departure of a person from the family home with the intent to sever the marital or parental tie. It is characterized by:

Physical Departure: The person leaves the conjugal or family home.
Lack of Justification: The departure is not due to safety (e.g., fleeing domestic violence) or professional necessity.
Intent Not to Return: The absence is coupled with a clear intent to abandon duties and responsibilities.

Under Article 101 of the Family Code, a spouse is deemed to have abandoned the other when they have left the conjugal dwelling without any intention of returning. A spouse who has left the conjugal dwelling for a period of three months or has failed within the same period to give any information as to their whereabouts shall be prima facie presumed to have no intention of returning.

II. Civil Consequences under the Family Code

Abandonment triggers specific remedies for the aggrieved spouse regarding the management of the family's assets and the legal status of the marriage.

Judicial Separation of Property: Under Article 101, the abandoned spouse may petition the court for a judicial separation of property or for authority to be the sole administrator of the conjugal partnership or absolute community property.
Forfeiture of Shares: If the abandonment is proven, the court may order that the share of the abandoning spouse in the net profits of the conjugal partnership/absolute community be forfeited in favor of the common children or the innocent spouse.
Legal Separation: Under Article 55(10) of the Family Code, "abandonment of petitioner by respondent without justifiable cause for more than one year" is a valid ground for a petition for legal separation. Note that legal separation does not dissolve the marriage bond but allows the spouses to live separately and dissolve their property relations.

III. Criminal Liability and Special Laws

The Philippines has enacted stringent criminal laws to penalize the failure to provide support and the emotional/psychological harm caused by abandonment.

1. Republic Act No. 9262 (Anti-VAWC Act)

The Anti-Violence Against Women and Their Children Act of 2004 is the most potent tool against spouse and child abandonment.

Economic Abuse: Abandonment often involves the withdrawal of financial support. Under RA 9262, the "deprivation or threat to deprive the woman or her children of financial resources" and the "failure to give support" constitute economic violence.
Psychological Violence: The act of abandoning a spouse or child is recognized as causing mental or emotional suffering, which is a punishable offense.
Protection Orders: Victims can seek Barangay Protection Orders (BPO) or Judicial Protection Orders (PPO/TPO) to compel the abandoning party to provide support and stay away from the family.

2. Republic Act No. 7610 (Special Protection of Children Against Abuse)

Abandonment is a form of child abuse. Under RA 7610, the "failure to provide a child with the basic needs for survival, such as food, shelter, and medical care" can lead to criminal prosecution.

3. Article 276 of the Revised Penal Code (Abandoning a Minor)

This article penalizes anyone who abandons a child under seven years of age, the custody of which is incumbent upon them. The penalties increase if the abandonment results in the death or physical injury of the minor.

IV. Impact on Parental Authority and Support

Abandonment has a direct impact on the rights a parent exercises over their children.

Suspension or Loss of Parental Authority: Under Article 231 of the Family Code, the court may suspend parental authority if a parent treats the child with excessive harshness, gives corrupting orders/advice, or abandons the child. If the abandonment is total and persistent, it may lead to the permanent termination of parental authority.
Compulsory Support: Abandonment does not extinguish the obligation to provide support. Under the law, support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation. A parent can be sued for "Compulsory Support," and the court can issue a support pendente lite (support while the case is ongoing).
Adoption: Under the Domestic Administrative Adoption and Alternative Child Care Act (RA 11642), a child who has been "judicially declared abandoned" becomes available for adoption. This effectively severs all legal ties between the abandoning parent and the child.

V. Grounds for a "Presumptive Death"

For purposes of remarriage, Article 41 of the Family Code allows a spouse to contract a subsequent marriage if the prior spouse has been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse is already dead. In case of disappearance where there is danger of death (e.g., a sinking ship), an absence of only two years is required.

Summary Table of Penalties and Remedies

Law	Type of Consequence	Key Trigger
Family Code	Civil	3 months absence (Property Admin); 1 year (Legal Separation)
RA 9262 (VAWC)	Criminal/Civil	Financial deprivation or psychological suffering
Revised Penal Code	Criminal	Abandoning a minor under 7 years old
RA 7610	Criminal	Failure to provide basic needs (Child Abuse)
RA 11642	Civil/Status	Total abandonment leading to adoption eligibility