In the Philippines, where marriage is seen as a lifelong commitment, the idea of “happily ever after” is woven deep into the cultural fabric. But what happens when love fades and one spouse simply walks away, leaving the other to face the harsh realities of abandonment? This is the heart of Leonora O. Dela Cruz-Lanuza vs. Alfredo M. Lanuza Jr.1, a case where years of absence and neglect led to a legal quest to declare a marriage null and void. When one spouse walks away from the marriage for good, is it enough to call it quits and say that the marital bond never existed from the start?
Valid, Void and Voidable Marriages
When it comes to marriage in the Philippines, the law distinguishes between three categories: valid, void and voidable marriages. Understanding the difference is crucial, as it determines whether a marriage can be declared invalid and how it may be proven.
A valid marriage is one that fully complies with all legal requirements and stands firm in the eyes of the law from the moment the vows are exchanged.2 For a marriage to be considered valid in the Philippines, certain conditions must be met: (1) both parties must be of legal age, (2) there must be mutual consent, (3) a valid marriage license must be obtained, and (4) the ceremony must be conducted by an authorized official. Valid marriages are legally binding and remain so unless specific legal actions, such as declaration of nullity of void marriages, annulment of voidable marriages, or recognition of a foreign divorce decree, are successfully pursued.
A void marriage is one that is considered legally invalid from the very beginning.3 It is as if the marriage never existed in the eyes of the law. This can happen for a variety of reasons, such as the lack of a valid marriage license, bigamous, or incestuous marriages. In these cases, no amount of time or good intentions can make the marriage valid. From day one, the law says the marriage is a nullity.
On the other hand, a voidable marriage is valid at the outset but can later be annulled if certain grounds are proven.4 These include circumstances like lack of parental consent for minors, the psychological incapacity of one spouse, or fraud. A voidable marriage exists legally until one of the parties successfully petitions for annulment. It is as though the marriage had a defect that, once discovered, can lead to its invalidation; for which a party may file an annulment case.
What is “Psychological Incapacity”?
When it comes to psychological incapacity as a ground for nullifying a marriage in the Philippines, it is not about proving a medical condition or getting an official mental health diagnosis. Instead, it is about whether one spouse’s deep-seated personality traits make it impossible for them to live up to the basic responsibilities of marriage.
The Supreme Court, in recent rulings, has made it clear that psychological incapacity is not something you have to prove with psychiatric evaluations or expert opinions. Instead, the focus is on the spouse’s enduring “personality structure“—those long-lasting personality traits that make it impossible for them to understand or fulfill their duties as a spouse.5 We are talking about patterns of behavior that consistently undermine the marriage, not just bad habits or occasional lapses.
This personality structure effectively incapacitates the person from really accepting and complying with the obligations essential to marriage,6 thus making the marriage null and void from the start, even though the manifestations of one’s psychological incapacity are shown during the marriage.
In simpler terms, it is not enough to say that your partner is difficult to live with or makes poor choices. Psychological incapacity must involve a deeply ingrained personality flaw that renders the person incapable of functioning within the marriage. This incapacity must be serious enough that it destroys the foundations of family life, like love, respect, fidelity, and support.
So, while you do not need a doctor to declare your spouse unfit for marriage, you do need to prove that their behavior is so dysfunctional that it is impossible for the marriage to work. In this way, the courts are less concerned with clinical diagnoses and more focused on real-life dysfunctionality that makes married life unbearable.
Marital Ghosting: The Case of Spouses Lanuza
In the case of Leonora O. Dela Cruz-Lanuza vs. Alfredo M. Lanuza Jr.7, one of the key elements that the Supreme Court considered in declaring the marriage void was Alfredo’s prolonged absence from the marital home. This absence, which began in 1994, was not simply a case of a spouse leaving temporarily; Alfredo completely abandoned his family and failed to provide emotional or financial support to his wife and children.
The Court highlighted that Alfredo’s unjustified absence for decades was a significant indication of his psychological incapacity. Psychological incapacity, as defined under Article 36 of the Family Code, refers to a spouse’s inability to understand and fulfill the essential duties of marriage, which include living together and providing mutual love, respect, and support. Alfredo’s actions—leaving his family, neglecting his responsibilities, and marrying two other women—showed a clear lack of comprehension of these marital obligations.
The Court ruled that this prolonged abandonment could be considered part of the totality of evidence demonstrating Alfredo’s psychological incapacity. His behavior indicated a severe dysfunction in his personality, making him incapable of maintaining a marital relationship. Essentially, Alfredo’s inability to be present in the marriage physically and emotionally was viewed as a manifestation of his psychological disorder, and this abandonment played a central role in voiding the marriage.
Exploring Legal Action
There are other grounds for finding a marriage void or voidable. Pursuing either a declaration of nullity for void marriages, or an annulment for voidable marriages in the Philippines can feel like navigating a maze, but it comes with some undeniable benefits for those stuck in an unworkable marriage. Unlike legal separation, which does not allow remarriage, a declaration of nullity or an annulment gives the spouses a second chance of love and marriage with other persons.
However, both processes are not as straightforward as filling out a form and calling it a day. It involves specific legal grounds and plenty of paperwork, which is why seeking professional legal advice is crucial. A lawyer can help guide you through the process, ensuring that all your bases are covered—from presenting evidence to proving psychological incapacity to navigating family court proceedings.
So, if you find yourself in a marriage that is not working and think separation might be the answer, do not go through it alone. Legal advice is essential to make sure you are on solid ground and to avoid delays or mistakes that could drag the process out longer than necessary.
Prepared by Meliza Gielvert Lualhati.
FOOTNOTES
- Dela Cruz-Lanuza v. Lanuza, G.R. No. 242362, 17 April 2024.
- Art. 2, Family Code of the Philippines.
- Ado-An-Morimoto v. Morimoto, G.R. No. 247576, 15 March 2021.
- Art. 45, Family Code of the Philippines.
- Tan-Andal v. Andal, G.R. No. 196359, 11 May 2021.
- Marcos vs. Marcos, G.R. No. 136490, 19 October 2000.
- Dela Cruz-Lanuza v. Lanuza, G.R. No. 242362, 17 April 2024.
