Jurisprudence Civil Law

Whether or not abandonment leads to nullity of marriage

This case is whether or not abandonment by a spouse, by itself, warrants a finding of psychological incapacity within the contemplation of the Family Code, that leads to nullity of marriage. 

The court ruled in the negative. “It must be shown that such abandonment is a manifestation of a disordered personality which makes the spouse concerned completely unable to discharge the essential obligations of the marital state.” – Associate Justice Antonio Carpio

Associate Justice Marvic Leonen, in his dissenting opinion, ruled in contrast stating that for thirty-one years, petitioner has been alone without a spouse. “Parties should not be forced to stay in unhappy or otherwise broken marriages in the guise of protecting the family. This avoids the reality that people fall out of love. There is always the possibility that human love is not forever.”

GR No. 203284 November 14, 2016

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