Notes for Abandonment, Philippine Law

The grounds for declaration of nullity of marriage are those found under Article 35 (void due to
absence of any of the essential requisites of marriage) Article 36 (psychological incapacity to comply
with the essential marital obligations) Article 37 (incestuous marriages), and Article 38 (void from the
beginning for reasons of public policy) of the Family Code of the Philippines, while the grounds for
annulment of marriage are those found under Article 45 of the same code.

Abandonment without justifiable cause for more than one (1) year or sexual infidelity. Both of
which are grounds for legal separation under Article 35 of the Family Code of the Philippines.
Other grounds for legal separation, mentioned below, are provided by Article 55 of the same
Code, to wit:

1.) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common
child, or a child of the petitioner;

2.) Physical violence or moral pressure to compel the petitioner to change religious or political
affiliation;

3.) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the
petitioner, to engage in prostitution, or connivance in such corruption or inducement;

4.) Final judgement sentencing the respondent to imprisonment of more than six years, even if
pardoned;

5.) Drug addiction or habitual alcoholism of the respondent;

6.) Lesbianism or homosexuality of the respondent;

7.) Contracting by the respondent of subsequent bigamous marriage, whether in the Philippines or
abroad;

8.) Sexual Infidelity or perversion;

9.) Attempt by the respondent against the life of the petitioner.

Partosa-Jo vs CA (G. R. No. 82606, December 18, 1992) discussed abandonment on this wise:
“Abandonment implies a departure by one spouse with the avowed intent never to return, followed by
prolonged absence without just cause, and without in the meantime providing in the least for one’s
family although able to do so. There must be absolute cessation of marital relations, duties and rights,
with the intention of perpetual separation. This idea is clearly expressed in the above-quoted provision,
which states that “a spouse is deemed to have abandoned the other when he or she has left the
conjugal dwelling without any intention of returning.