Concern:

The person is seeking guidance on how to nullify a marriage conducted by a judge, explaining that they have been separated for 12 years. They mention that after 5 months of marriage, the woman entered into a new relationship.

∇ Legal Contemplator

Laying the Groundwork: Initial Observations

A marriage is a legally binding union in the Philippines, governed primarily by the Family Code.
Annulment, or the process to nullify a marriage, is often mistaken for other legal remedies like legal separation or declaration of nullity. Each has distinct grounds and implications.
Separation for 12 years does not automatically nullify a marriage. In the Philippines, there is no divorce law (except for Muslim Filipinos under the Code of Muslim Personal Laws).
A critical question: Is this case better suited for annulment or a declaration of nullity? These two remedies differ in grounds. Declaration of nullity argues the marriage was invalid from the beginning, while annulment addresses defects in consent or circumstances during the marriage.

Exploring the Grounds for Annulment

The key grounds for annulment under the Family Code are:
1. Lack of parental consent (if one party was between 18 and 21 years old at the time of marriage and the marriage was solemnized without consent).
2. Psychological incapacity (Art. 36).
3. Fraud, force, intimidation, or undue influence.
4. Impotence.
5. Serious, incurable sexually transmitted diseases.

Self-questioning:

Does this scenario meet any of these grounds? Based on the details, none of the explicitly listed grounds seem to apply directly unless we explore psychological incapacity. The fact that the woman left after five months suggests a possible lack of preparedness or commitment to the marital responsibilities. Could this indicate psychological incapacity?

What is Psychological Incapacity?

Psychological incapacity (Art. 36) refers to a grave, incurable incapacity to comply with essential marital obligations.
It must exist at the time of the marriage but can manifest later. It’s not mere immaturity or unwillingness but rather a deeply rooted psychological condition.
The Supreme Court has clarified that this incapacity must be medically or clinically identified, proven with expert testimony.

Doubt and Reflection:

Could leaving the marital home after five months and starting a new relationship suggest psychological incapacity?
It seems plausible but not definitive. The law requires proof, often through psychological evaluation and testimony.

Exploring Declaration of Nullity

Another legal route might be the declaration of nullity. This applies if there were intrinsic flaws at the time of marriage:
- Lack of legal capacity to marry.
- Absence of a valid marriage license.
- Bigamous or polygamous marriages.
- Incestuous marriages.
- Void ceremonial or solemnization process.

Questioning the Ceremony:

Was the marriage legally conducted? If solemnized by a judge, it is unlikely void due to procedural issues.
Could this angle offer any resolution? It seems less promising given the facts.

Debating Legal Separation vs. Annulment

Legal separation only dissolves marital obligations but does not nullify the marriage itself. This option does not meet the goal of the inquiry, which is to nullify the union.
The significant separation period (12 years) strengthens the case for exploring annulment or nullity rather than legal separation.

Evidentiary Concerns: What Proof is Required?

For psychological incapacity:
- Psychological evaluation of the parties.
- Evidence of behavior showing incapacity to fulfill marital duties.
- Testimonies of family members, friends, or colleagues to establish the incapacity.
For fraud or other grounds:
- Documents and testimonies proving deceptive actions.

Internal Doubt:

Is there enough evidence to make a strong case for psychological incapacity? The emotional aspect of separation is clear, but legal standards are high.

Time and Cost Considerations

Annulments are notoriously expensive and time-consuming in the Philippines. Costs can range from PHP 200,000 to PHP 500,000, and cases often take years to resolve.
The 12-year separation might provide moral support but does not directly speed up the legal process.

Is Legal Reform an Underlying Issue?

The difficulty in nullifying marriages highlights the absence of divorce laws. This situation reflects the emotional and financial burdens placed on individuals seeking remedies under restrictive laws.

Final Considerations

The most viable ground seems to be psychological incapacity, but the burden of proof will be high. Building a strong case will require expert testimony, detailed evidence, and legal guidance.
Consulting a family lawyer with expertise in annulment is critical. They can assess the specifics and help navigate the procedural requirements.

Final Answer:

To nullify the marriage through annulment or declaration of nullity, the following steps are recommended:

Consultation with a lawyer to determine the appropriate legal remedy (likely annulment based on psychological incapacity).
Gather evidence to support the claim, including testimonies and expert evaluations.
File the petition in the appropriate Regional Trial Court with the assistance of legal counsel.
Prepare for a lengthy legal process and consider the financial implications.

While separation and the wife’s new relationship may provide context, the legal grounds must focus on defects at the time of marriage or psychological incapacity.