The Supreme Court (SC) said decades-long unjustified absence from the marital home may be considered evidence of psychological incapacity to comply with marital obligations.

This is the Supreme Court's Second Division decision, authored by Senior Associate Justice Marvic M.V.F. Leonen, dated 17 April which nullifies the marriage between Leonora and Alfredo on the grounds of psychological incapacity.

The two were married in June 1984, but Alfredo’s behavior changed over the years.

He refused to provide financial support to his family and treated Leonora merely as an occupant of their home rather than as his wife. He also engaged in extramarital affairs.

In 1994, Leonora and Alfredo separated, and Alfredo subsequently married several other women.

Leonora filed a petition to nullify her marriage, but the Regional Trial Court found insufficient evidence to prove Alfredo’s subsequent marriages.

The Court of Appeals dismissed Leonora’s petition, prompting her to go to the Supreme Court.

The Court declared their marriage void, ruling that Alfredo’s long absence from his marital home showed psychological incapacity, which made him unable to fulfill his marital duties.

Under Article 68 of the Family Code, spouses are required to live together, demonstrate mutual love, respect, and fidelity, and provide each other with support and assistance.

Alfredo’s infidelity, lack of support for his wife and children, and unjustified absence from his family indicate that he does not understand the responsibilities of a husband and father, the SC said.