SC voids marriage due to husband’s unjustified absence from marital home
INQUIRER FILE PHOTO
MANILA, Philippines — The Supreme Court (SC) has ruled that “decades-long unjustified absence from the marital home may be considered evidence of psychological incapacity to comply with marital obligations.”
In a statement on Thursday, the SC cited the case of Leonora Dela Cruz-Lanuza against her husband Alfredo Lanuza, Jr.
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Leonora and Alfredo married in 1984 and separated after 10 years due to Alfredo’s changed behavior.
“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,” the SC statement read.
Article continues after this advertisementAlfredo then married several women after the separation, it added.
Leonora filed a petition to nullify her marriage. However, the Regional Trial Court ruled that there was insufficient evidence to prove Alfredo’s subsequent marriages.
She filed a petition at the Court of Appeals, but it also denied her appeal. This prompted her to file a petition at the SC.
The SC Second Division ruled in Leonora’s favor. It declared her marriage void on April 17.
“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,” the SC statement read.
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“Under Article 68 of the Family Code, spouses are obliged to live together, observe mutual love, respect, and fidelity, and render mutual help and support,” it added. “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.”
