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Advocates Philippines
Supreme Court Declares Decades-Long Absence As Evidence Of Psychological Incapacity In Marriage
In a significant ruling, the Supreme Court's Second Division, led by Senior Associate Justice Marvic M.V.F. Leonen, declared that a decades-long, unjustified absence from the marital home can be considered as psychological incapacity—a valid ground for nullifying a marriage.

The case involves Leonora and Alfredo, who tied the knot in June 1984. As time passed, Alfredo’s behavior dramatically shifted. He stopped providing financial support and treated Leonora more like a house guest than a wife. Worse, he got involved in extramarital affairs, straying far from the marital path.

By 1994, the couple had separated, and Alfredo went on to marry several other women. Leonora, feeling the weight of these betrayals, sought to have their marriage declared null. However, the Regional Trial Court initially ruled that there wasn’t enough evidence to back her claims of Alfredo’s subsequent marriages. The Court of Appeals also dismissed her petition, leaving her no choice but to take her case to the Supreme Court.

The Supreme Court stepped in and ruled in her favor, declaring her marriage void. The court noted that Alfredo’s long absence from his marital home, coupled with his infidelity and lack of support, clearly demonstrated psychological incapacity. According to the court, Alfredo’s actions showed that he was incapable of fulfilling the essential obligations of marriage, as outlined in Article 68 of the Family Code, which requires spouses to live together with mutual love, respect, fidelity, and support.

This ruling is a powerful reminder that marriage is not just a formality—it comes with serious responsibilities. And when one partner fails to meet those obligations for a prolonged period, the courts may step in to provide justice.
Aug 30, 2024
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