The Supreme Court (SC) has ruled that a decades-long unjustified absence from a marital home could be considered evidence of psychological incapacity to fulfill marital obligations.
The decision, penned by Senior Associate Justice Marvic M.V.F. Leonen of the SC's Second Division and dated 17 April, 2024, nullified the marriage between Leonora and Alfredo on the grounds of psychological incapacity.
The couple married in June 1984, but Alfredo’s behavior changed over the years. He refused to provide financial support, treated Leonora as merely an occupant in their home rather than his wife, and engaged in extramarital affairs.
In 1994, Leonora and Alfredo separated. Alfredo went on to marry several other women. Leonora then filed a petition to nullify her marriage, but the Regional Trial Court ruled there was insufficient evidence to prove Alfredo’s subsequent marriages. The Court of Appeals also dismissed her petition, prompting her to elevate the case to the SC.
The court declared their marriage void, stating that Alfredo’s prolonged absence from the marital home demonstrated psychological incapacity, rendering him incapable of fulfilling his marital duties.
Citing Article 68 of the Family Code, which mandates spouses to live together, observe mutual love, respect, fidelity, and provide mutual help and support, the Court emphasized that Alfredo’s infidelity, lack of support, and unjustified absence showed he did not comprehend his responsibilities as a husband and father.