Dear PAO,

Three months after our wedding, my estranged husband abandoned me and our then-unborn baby. For 15 years now, he has cut all communication with us, and despite diligent efforts to reconnect with him, he has neither shown up again nor provided support to our child. Can this be a ground for me to file a declaration of nullity of our marriage?

Ada

Dear Ada,

One of the possible grounds set forth under the law for the declaration of nullity of marriage is psychological incapacity under Article 36 of Executive Order 209, series of 1985, otherwise known as the Family Code of the Philippines. In the case of Rosanna L. Tan-Andal v. Mario Victor M. Andal (GR 196359, May 11, 2021, Ponente: Senior Associate Justice Marvic M.V.F. Leonen), the Supreme Court explained the concept of psychological incapacity in this wise:

“Psychological incapacity is neither a mental incapacity nor a personality disorder that must be proven through expert opinion. There must be proof, however, of the durable or enduring aspects of a person’s personality, called ‘personality structure,’ which manifests itself through clear acts of dysfunctionality that undermine the family. The spouse’s personality structure must make it impossible for him or her to understand and, more importantly, comply with his or her essential marital obligations.

“Proof of these aspects of personality need not be given by an expert. Ordinary witnesses who have been present in the life of the spouses before the latter contracted marriage may testify on behaviors that they have consistently observed from the supposedly incapacitated spouse. From there, the judge will decide if these behaviors are indicative of a true and serious incapacity to assume the essential marital obligations.”

Some of the essential marital obligations of husband and wife are provided under Article 68 of the same code: “Husband and wife are obliged to live together, observed mutual love, respect and fidelity and render mutual help and support.” Unjustified non-compliance with these obligations may be used to establish the psychological incapacity of a spouse. As ruled by the Supreme Court in the recent case of Leonora O. Dela Cruz-Lanuza v. Alfredo M. Lanuza, Jr. and the Republic of the Philippines (GR 242362, April 17, 2024, Ponente: Senior Associate Justice Marvic M.V.F. Leonen):

“Unjustified absence from the marital home for decades may be considered as part of the totality of evidence that a person is psychologically incapacitated to comply with the essential marital obligations of marriage.”

Applying the foregoing, the fact that your husband abandoned you and your child just only three months after your marriage and then completely disappeared until now without any possible logical justification for his absence may indicate that he does not completely understand his duties as husband and a father. Likewise, given that 15 years had already passed since his abandonment, shows his complete refusal to comply with his marital obligations. These facts, when taken together with other factors, all of which must be supported by testimony of witness/es and other evidence, may be used to establish his psychological incapacity that would warrant the dissolution of your marriage.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]