In the Philippines—one of the last two sovereign states without a divorce law—the bond of marriage is viewed as an "inviolable social institution." This constitutional protection creates a complex legal landscape for couples who have been separated for years, or even decades, without obtaining a judicial decree of nullity or annulment.
Common misconceptions often lead individuals to believe that "time heals all legal wounds" or that a ten-year separation automatically dissolves a marriage. Under Philippine law, this is a dangerous fallacy.
1. The Principle of Indissolubility
The Family Code of the Philippines (Executive Order No. 209) is the primary governing law on marital relations. It operates under the mandate that marriage is a permanent union. Consequently, mere physical separation, regardless of its duration, does not terminate the legal bond of marriage.
Whether a couple has been separated for five years or fifty, they remain legally "married" in the eyes of the State unless a court of competent jurisdiction issues a final and executory judgment declaring the marriage void (ab initio) or annulled.
2. Rights and Obligations During Separation
Even if spouses live in different cities or countries and have ceased all communication, several legal consequences persist:
- Property Relations: Unless the couple had a judicial separation of property, the default regime (Absolute Community or Conjugal Partnership of Gains) remains in effect. Any property acquired by either spouse during the separation is generally still considered part of the common fund.
- Succession and Inheritance: If one spouse dies, the surviving "separated" spouse remains a compulsory heir. They are entitled to their legitime (legal share) of the estate, potentially displacing the deceased's long-term partners or children from other relationships.
- The Presumption of Legitimacy: Children born to the wife during the separation are legally presumed to be the children of the legal husband, even if he is not the biological father. Overturning this requires a specific and difficult legal action for "impugning legitimacy."
3. The Crime of Bigamy
One of the most severe risks of long-term separation is the temptation to remarry. Without a court decree of nullity or annulment, any subsequent marriage contracted by either spouse is considered bigamous and void from the beginning.
Under the Revised Penal Code, bigamy is a criminal offense punishable by prision mayor (6 to 12 years of imprisonment). The fact that the first spouse was "gone for a long time" is not a valid defense unless the requirements for a "Presumptive Death" (discussed below) are strictly met.
4. Legal Remedies for Separated Spouses
Since time alone does not invalidate the marriage, spouses must seek specific legal avenues to change their status:
A. Declaration of Absolute Nullity (Article 36)
The most common route is citing Psychological Incapacity. This applies if one or both parties were incapable of complying with essential marital obligations at the time of the celebration, even if the incapacity became manifest only after the wedding.
B. Annulment (Articles 45 & 46)
This applies to marriages that were valid at the start but have "vices of consent," such as fraud, force, intimidation, or physical incapacity (impotence). Note that there is usually a prescriptive period (a deadline) to file for annulment, unlike nullity cases.
C. Summary Proceeding for Presumptive Death (Article 41)
If a spouse has been missing for four consecutive years (or two years in cases of "danger of death"), and the present spouse has a "well-founded belief" that the absent spouse is dead, they may file a summary proceeding to declare them presumptively dead for the purpose of remarriage.
Warning: If the "dead" spouse reappears, the second marriage can be terminated by filing an Affidavit of Reappearance.
D. Legal Separation (Article 55)
This allows the couple to live apart and separate their properties, but it does not dissolve the marriage bond. Neither party can remarry after a decree of legal separation.
5. Summary Table: Physical Separation vs. Legal Dissolution
| Feature | Physical Separation | Judicial Decree (Nullity/Annulment) |
|---|---|---|
| Marital Status | Married | Single/Married State Dissolved |
| Right to Remarry | No (Bigamous) | Yes |
| Property | Shared/Conjugal | Separated/Liquidated |
| Inheritance | Spouse remains an heir | Spouse is removed as an heir |
| Legitimacy of New Kids | Contested/Presumed Husband's | Illegitimate (unless legitimated/adopted) |
Conclusion
In the Philippine jurisdiction, the "validity" of a marriage is not eroded by the passage of time or the distance between parties. Long-term separation provides a factual basis for certain legal actions, but it is never a substitute for a court order. For those seeking to move on legally, the only path is through the rigorous, often expensive, but necessary judicial process to ensure that their subsequent life choices are protected by law.