SC: Unjustified Absence From Home Now Grounds For Annulment

The Supreme Court (SC) has ruled that a spouse's prolonged, unjustified absence from home is now considered evidence of psychological incapacity, which is grounds for annulment.

SC's decision follows a petition to annul the marriage of Leonora dela Cruz and Alfredo Lanuza due to psychological incapacity. Married since 1984 and parents to four children, their relationship was reportedly strained by changes in the husband's behavior over the years.

ALSO READ: What's The Difference Between Divorce, Annulment, Legal Separation, And Nullity Of Marriage?

SC found that Lanuza's behavior indicated a lack of understanding of his duties as a husband and father.

“Based on the facts, the respondent left his family in 1994 and appears to have contracted marriage several times, with different women. He never gave financial support to his children and only visited them once, for less than an hour,” the high court's decision read. The visit in question was one of his children's school recognition day.

A psychological evaluation presented to the court identified that Lanuza had "narcissistic personality disorder with underlying borderline personality traits," which hindered his ability to meet his marital responsibilities.

Initially, the Regional Trial Court denied dela Cruz's petition for annulment, a decision that was later upheld by the Court of Appeals. However, SC overturned this ruling after a clinical psychologist determined that Lanuza's psychological incapacity was "grave, incurable, and permanent."

“Respondent's infidelity, failure to give support to his wife and children, and unjustified absence from his family are all indicative that he is not cognizant of the duties and responsibilities of a husband and father,” Senior Associate Justice Marvic Leonen wrote in the decision.

With this decision, SC has declared the marriage between Dela Cruz and Lanuza null and void.

Grounds for annulment in the Philippines

Annulment is a legal procedure that declares a marriage null and void, as though it never occurred. It is different from divorce, which is not available in the country.

The grounds for annulment are specifically outlined in the Family Code of the Philippines, including:

Lack of parental consent
If either spouse was between 18 and 21 years old at the time of marriage and did not obtain consent from parents or guardians.

Mental incapacity
If either spouse was of unsound mind at the time of marriage, especially if the mental incapacity was not apparent to the other.

Fraud
If consent to the marriage was gained through fraud. This includes lying about one’s character, health, or any other significant details.

Force, intimidation, or undue Influence
If a spouse was forced or coerced into the marriage.

Impotence or physical incapacity
If a spouse is physically incapable of consummating the marriage with no possibility of curing the condition.

Sexually transmitted disease
If a spouse had an incurable sexually transmitted disease at the time of marriage without properly disclosing it to the other.

According to Article 36 of the Family Code, a marriage is considered null and void if a spouse "was psychologically incapacitated to comply with the essential marital obligations of marriage…even if such incapacity becomes manifest only after its solemnization."

In 2021, SC updated its interpretation of psychological incapacity as grounds for annulling a marriage. The revised ruling defines psychological incapacity as "a personal condition that prevents a spouse from fulfilling fundamental marital obligations only in relation to a specific partner that may exist at the time of the marriage but may become apparent through behavior subsequent to the ceremonies."

Moreover, the ruling clarified: “It need not be a mental or personality disorder. It need not be a permanent and incurable condition. Therefore, the testimony of psychologist or psychiatrist is not mandatory in all cases. The totality of the evidence must show clear and convincing evidence to cause the declaration of nullity of marriage.”

Click here to read a mom’s story about her annulment process.