Abandonment without justifiable cause for more than 1 year, A55(10) Family Code

1. Concept

Abandonment –

• refers to “abandonment without justifiable cause for more than one year.” (Ong v. Ong, G.R. No. 153206, 23 October 2006, Per Austria-Martinez, J.)

2. Abandonment without justifiable cause for more than 1 year

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.

For purposes of this Article, the term “child” shall include a child by nature or by adoption. (9a)

1) Abandonment of petitioner by respondent without justifiable cause for more than one year, is a ground for legal separation.

2) This legal ground allows a spouse to file for legal separation when the other spouse has left them for over a year without a valid reason and without any intention of returning. It’s not simply about being physically apart—it’s about walking away from the duties of marriage, such as support, companionship, and shared responsibility, without explanation or fairness.

3) [In simple terms:] If your spouse disappears from your life—leaving your home, cutting off contact, and failing to support you—without any good or acceptable reason, and stays away for more than a year, you have the right to seek legal separation. It’s not enough that they’re gone; what matters is that they left you intentionally, without just cause, and abandoned their role as a spouse. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto. Available at: https://chat.openai.com [Accessed: 17 April 2025])

4) Abandonment is not just physical absence—it’s about deserting the responsibilities of marriage without explanation or fairness. The law understands that marriage involves mutual obligations, and when one party walks away with no justifiable reason, it gives the other the right to seek legal relief through separation. This ground is a form of protection for spouses left behind emotionally, financially, and physically. (Ibid.)

Ong v. Ong, G.R. No. 153206, G.R. No. 153206, 23 October 2006, Per Austria-Martinez, J.:

• Lucita and her sister, Linda Lim, also gave numerous accounts of the instances when William displayed violent temper against Lucita and their children; such as: when William threw a steel chair at Lucita; threw chairs at their children; slapped Lucita and utter insulting words at her; use the buckle of the belt in whipping the children; pinned Lucita against the wall with his strong arms almost strangling her, and smashed the flower vase and brick rocks and moldings leaving the bedroom in disarray; shouted at Lucita and threw a directory at her, in front of Linda and the employees of their business, because he could not find a draft letter on his table; got mad at Charleston for cooking steak with vetchin prompting William to smash the plate with steak and hit Charleston, then slapped Lucita and shouted at her “putang ina mo, gago, wala kang pakialam, tarantado” when she sided with Charleston; and the December 9 and December 14, 1995 incidents which forced Lucita to leave the conjugal dwelling.

• Also without merit is the argument of William that since Lucita has abandoned the family, a decree of legal separation should not be granted, following Art. 56, par. (4) of the Family Code which provides that legal separation shall be denied when both parties have given ground for legal separation. 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.

3. Examples

Example 1 – Spouse leaves and never returns:

Arlene’s husband, Victor, suddenly leaves their home after an argument and never comes back. He doesn’t call, doesn’t explain, and stops sending money for their children. A year passes with no contact. Arlene can file for legal separation due to abandonment without just cause. (Ibid.)

Example 2 – No support, no communication:

Reymond moves to another city for work but completely cuts ties with his wife, Ella. He never visits, refuses to respond to messages, and doesn’t send any form of financial support. Even though he claims he’s just “busy,” his actions show clear abandonment. After a year, Ella has solid legal grounds for separation. (Ibid.)

Example 3 – Pretending to be away for a reason but never returning:

Gina’s wife, Myra, tells her she needs to “find herself” and leaves the country. Myra promises to return after a few months but never does. She avoids all contact and starts a new life abroad. Gina is left alone to manage everything. After a year of being left without reason or closure, she can file for legal separation. (Ibid.)