SC: Unjustified absence from home ground for annulment

MANILA, Philippines — The Supreme Court (SC) has declared that decades-long unjustified absence from home may be considered as evidence to prove psychological incapacity to comply with marital obligations.

In an 18-page ruling promulgated in April, the high court’s Second Division granted the petition of Leonora, nullifying her marriage to Alfredo.

Based on court records, the couple got married in 1984 and had four children.

Leonora said that while their married life started out fine, Alfredo’s behavior eventually changed and he started showing signs of psychological incapacity.

She said Alfredo refused to provide financial support for the family and also engaged in illicit affairs.

After 10 years, the couple separated and Alfredo allegedly married several women.

Leonora filed a petition to nullify their marriage, but was denied both by the regional trial court and the Court of Appeals.

She elevated the case to the SC.

In its ruling, the high tribunal declared that the couple’s marriage was void because of Alfredo’s long “unjustified” absence from home, which showed psychological incapacity and made him unable to fulfill his marital duties.

Citing Article 68 of the Family Code, a husband and wife are obliged to live together, observe mutual love, respect and fidelity, as well as render mutual help and support.

“The respondent’s infidelity, failure to give support to his wife and children and unjustified absence from home are all indications that he is not cognizant of the duties and responsibilities of a husband and father,” the ruling read.

The SC also recognized the findings of a clinical psychologist that Alfredo was suffering from narcissistic personality disorder with underlying borderline personality traits.

The SC ruling was penned by Senior Associate Justice Marvic Leonen.