Unjustified Absence A Ground For Annulment
The Philippine Supreme Court explains its decision why unjustified absence can be a ground for annulment
Getting an annulment in the Philippines is tough. More than time and effort to prove it in court, complainants should provide reasons and spend time at family courts to justify it.
In recent years, explanations by the Supreme Court have been provided for the grounds of annulment. In a recent case, one of the associate justices spoke up on the issue of unjustified absence and why it can be a ground for psychological incapacity and a reason for annulment.
Background behind the reason
Unjustified absence, especially when it’s been decades can be grounds for psychological incapacity as the spouse is not fulfilling his or her obligations. Associate Justice Marvic Leonen made this clear, citing a case the SC recently handled.
The case involved a couple named Leonora and Alfredo who in 1984. But as years passed, Alfredo became distant towards Leonora and had affairs. He even refused to provide financial support to the family and regarded Leonora as a mere occupant.
Leonora separated from Alfredo in 1994 and filed for annulment. The court initially did not grant it because she had no grounds or evidence to support the accusations against her husband, especially the subsequent marriage. She also appealed to the Court of Appeals, which was denied, leaving her no choice but to go to the SC.
Why unjustified absence is a ground
Leonen explained the reason for the unjustified absence, pointing out that Alfredo had shown “Alfredo’s long absence from his marital home.”
” Under Article 68 of the Family Code, spouses are obliged to live together, observe mutual love, respect, and fidelity, and render mutual help and support,” the statement read.
The bottom line is Alfredo’s absence and lack of support for his family justified a reason for the annulment to be granted.
You can read the full story of the case on the SC’s website.
Marriage is a lot of work
Couples should remind themselves that marriage takes a lot of hard work. It requires taking the initiative to support each other in their specific endeavors and providing love and respect.
More than the hard work, marriage is about promising each other why they committed. One should remind each other that it’s okay to have separate time for one another but when together, it’s teamwork.
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