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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The Family Code of the Philippines allows the legal separation between husband and wife, which involves the separation of the spouses’ living arrangements (also called “bed-and-board”). Under Article 55 of the Family Code, one of the grounds for legal separation is the abandonment of a spouse without just cause for a period of more than one year. Jurisprudence explains that this abandonment must not only be physical estrangement but also amount to financial and moral desertion. The abandonment must likewise be unjustified.
Enshrined in the Philippines’ laws is the emphatic declaration that marriage is a special, permanent union between a man and a woman, and that marriage is the foundation of the country’s society. Because of the great value of marriage, the Philippines takes great pains to protect its sanctity and long-lasting nature.
However, while the law is steadfast in protecting marriage, it is not blind to the reality faced by many entrapped in dire and loveless unions. Hence, the Family Code itself recognizes that some marriages have reason to be dissolved, and some marriages, while not warranting dissolution, may be protected by the separation of husband and wife.
To be sure, the separation allowed under Philippine law – specifically, the Family Code – is known as “legal separation”, which involves the separation of the spouses’ living arrangements (also called “bed-and-board”). One of the grounds for legal separation is the abandonment of a spouse without just cause for a period of more than one year.
The law says:
Art. 55. A petition for legal separation may be filed on any of the following grounds:
x x x
(10) Abandonment of petitioner by respondent without justifiable cause for more than one year.
To clarify the meaning of “abandonment” as a ground for legal separation, the Supreme Court has promulgated various cases.
Jurisprudence says:
The abandonment must not only be physical estrangement but also amount to financial and moral desertion.
x x x
Therefore, physical separation alone is not the full meaning of the term “abandonment”, if the husband, despite his voluntary departure from the society of his spouse, neither neglects the management of the conjugal partnership nor ceases to give support to his wife.
x x x
Coming back to the case at bar, we believe that the defendant did not intend to leave his wife and children permanently. The record conclusively shows that he continued to give support to his family despite his absence from the conjugal home. (De la Cruz v. De la Cruz, G.R. No. L-19565, 30 January 1968)
Furthermore, jurisprudence says:
The abandonment referred to by the Family Code is abandonment without justifiable cause for more than one year. As it was established that Lucita left William due to his abusive conduct, such does not constitute abandonment contemplated by the said provision. (Ong Eng Kiam v. Ong, G.R. No. 153206, 23 October 2006.
In sum, the law allows for the legal separation of husband and wife, when one spouse abandons the other not only by leaving their conjugal home, but also by deserting the other spouse financially, emotionally, or morally. This abandonment should be done without reason, and for a period of more than one year.
RELATED ARTICLES:
Everything You Need to Know in the Law on Annulment
Frequently Asked Questions on Annulment and Declaration of Nullity of Marriage
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