Dismissal: Absence without leave (AWOL) and unauthorized Shore Leaves

Shore leave is an ancient and cherished seafarers' right that should not be denied except for compelling reasons. 

Shore leave is defined as the period during which a sailor is allowed to take a leave from the ship while the vessel he is working on is docked in the port. The period of the leave can vary from a couple of hours to a few days depending on the time the ship is scheduled to be on the port.

Shore leave is one of the basic rights of every seafarer. It not only gives seafarers the much needed break but also increase their work efficiency.The ITF pointed out that Shore leave is not a luxury. It is essential for seafarers who spend many weeks cooped up at their workplace, with only work mates and managers for company.. Confined spaces and monotonous routine leads to acute boredom on ships. Living constantly under such circumstances results in stress, depression, and home sickness.Those who work at sea need to get on shore to access phones and the internet to contact family, to seek welfare, social, medical or psychological support if needed, and to have a break from the work environment. It is important to dedicate a considerable amount of time for recreational activities of the crew while the ship is on the port.

 The seafarer’s right to shore leaves has been legally recognized. International Maritime regulations state that every seafarer is entitled to a shore leave, as granted by the master of the ship. In fact, MLC2006 mandates that seafarers shall be granted shore leave to benefit their health and well-being and with the operational requirements of their positions. Under the POEA-SEC, the seafarer shall be allowed shore leave when practicable, upon the consent of the master or his deputy, taking into consideration the operations and safety of the ship.. A seafarer can be provided a shore leave as per the discretion of the ship’s master.. However, the decision regarding the shore leave, as made by the ship’s master should only be based on orders from the port authority.

    A shore leave with the proper permission is essential in determining compensation in the event something  bad happens to the seafarer. The employment relationship with the employer  does  not stop but continues to be in force even when the seafarer is  on shore leave (Susana Sy vs. PTC,  G.R. No. 191740, February 11, 2013) 

Nevertheless,  leaving the ship without  permission from responsible officers during working hours can result to disciplinary measures. Before a seafarer can be dismissed and discharged from the vessel, it is required that he be given a written notice regarding the charges against him and that he be afforded a formal investigation where he could defend himself personally. Section 33 of the Philippine Overseas Employment Administration- Standard Employment Contract (POEA-SEC) enumerates  twenty one (21) offenses which are considered valid grounds for dismissal.  

One of the grounds of dismissal of Seafarer identified is  .Absence without leave (AWOL) which is further classified into the following acts:

a. abandoning post or duty   without being properly relieved

b.  leaving the ship without  permission from responsible officers during working hours

            c. Entrusting to others assigned duties without authority of department head

            d. Leaving the ship without permission

       "AWOL" in general is being  absent from their post without a valid pass, liberty or leave. In contrast,  desertion is not measured by time away from the unit, but rather:

• by leaving or remaining absent from their unit, organization, or place of duty, where there has been a determined intent to not return;
• if that intent is determined to be to avoid hazardous duty or shirk contractual obligation;

    When a seafarer commits such act of AWOL , he may be penalized by the master of the vessel with dismissal and be made to pay the cost of repatriation and his replacement. Additionally, an administrative complaint or disciplinary action against the seafarer may be filed before the  POEA, who,  after due investigation, may  impose penalties ranging from suspension  to  delisting, depending on the gravity of the offense and the frequency of the violation(s).

Liability of Employer and Manning Agency

What is the liability of the foreign principal and the manning agent for any and all claims arising out of an employer-employee relationship or by virtue of any law or contract involving a seafarer?  It is “joint and several”, according to the case of Sealanes Marine Services, et al. v. Arnel G. dela torre” which was decided by the Supreme Court last February 18, 2015.  “Joint and several liability”, in simple terms, is a form of liability where a creditor may hold answerable any of his debtors for his entire claim.

In said Sealanes case, the seafarer was hired as able seaman by a local manning agent in behalf of its foreign principal.  Unfortunately, the seafarer figured in an accident on board and injured his lower back thus, necessitating his medical repatriation.  The company-designated doctor assessed him with a Grade 11 disability and was informed of the same only after 240 days since his accident.  As such, the seafarer filed a disability claim, among others.  His claim was granted by the Arbiter and sustained by the NLRC, the Court of Appeals and the Supreme Court.

The High Court noted that under Section 10 of Republic Act No. 8042, otherwise known as the “Migrant Workers and Overseas Filipinos Act of 1995”, as amended by Section 7 of Republic Act No. 10022, the liability of the principal and the recruitment agency for all claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment including claims for actual, moral, exemplary and other forms of damage, shall be joint and several.  Such liability which shall be incorporated in the overseas employment contract, shall be a condition precedent to the contract’s approval, and shall continue during the contract’s entire duration.

The performance bond filed by the recruitment agency shall answer for all money claims or damages that may be awarded to the worker.  This being the case, the Supreme Court pointed out in the earlier case of Varorient Shipping Co., Inc. v. NLRC (G.R. No. 164940, November 28, 2007) that even the certificate of non-forum shipping filed by a manning agent in a court case is sufficient to cover and benefit its foreign principal.  The POEA Rules and Regulations Governing the Recruitment and Employment of Seafarers (POEA Rules) ordain that the local manning agent is solidarily liable for every obligation that the foreign principal may incur against the local worker.  The foreign principal does not have any capacity to act in the Philippines unless through its accredited local manning agent.

Significantly, if the recruitment agency is a juridical being, the corporate officers and directors shall also be jointly and solidarily liable with the corporation.  The High Court added that every applicant for a license to operate a seafarers’ manning agency shall, in the case of a corporation, submit a written application together with, among others, a verified undertaking by officers, directors, and partners that they will be jointly and severally liable with the company over claims arising from employer-employee relationship.  The POEA Rules so provide for this as pointed out in the Varorient case.  Each of the solidary debtors, insofar as the creditor is concerned, is the debtor of the entire amount; it is only with respect to his co-debtors that he is liable to the extent of his share in the obligation. 

*article written by SVBB Senior Partner Atty. Augusto Bundang originally published at Tinig ng Marino 

10 Professional Mistakes Seafarers Should Never Make Onboard Ships

( Reposting an interesting piece from Marine Insight "10 Professional Mistakes Seafarers Should Never Make Onboard Ships " ) 

There is no dearth of stress on board ships. Ask a seafarer and you will know what it takes to work on board. It is the ultimate test of both physical and mental strength.No mariner is born smart! One has to learn the ropes of the game, avoid the pit falls, and play it safe.

In this difficult job market, a mariner must know what not to do in order to prevent any kind of professional trouble.But every sea going professional knows that under excessive work pressure at sea, mistakes are bound to happen. So how does one save work related trouble?

It is by keeping note of basic yet important things while working on board ship. Here are ten mistakes a professional seafarer should never want to make on ship.

1. Never follow Illegal or Irrelevant Orders

Whether you are a rating, an operational level officer, or a management officer controlling the ship’s operations, there will always be a boss ordering you from the top.

To avoid unnecessary trouble, make sure that you know all the important regulations of the sea including SOLAS, MARPOL, COLREG, ISPS, STCW etc.

Never oblige to an order which violates all these important laws as it may land you in prison and can even end your career. If you think that the orders asked to follow are dangerous for your ship or ship’s personnel, do clarify again with your seniors before proceeding.

Real Incident: It has been reported several times that people pump out bilges or throw garbage in sea when ordered by their superiors. Such activities have high chances of bringing both you and your superior to court or prison

2.  Never Hide a Problem or a Mistake

Everyone makes mistake, and unless it is not repeated several times, it is usually forgiven. The same applies to every mariner on ships. If you make a mistake, of whatever kind, don’t hide; instead report it to your superior so that necessary steps can be taken immediately by the onboard team. Hiding mistakes can lead to bigger problems or emergency situations later on.

Real Incident: A ship’s duty engineer ignored a minor leakage from hot oil pipe as his watch was almost about to end. The motorman of the next watch met with an accident from the bursting of the same oil pipe causing burns. Moreover, the ship’s engine had to be stopped until the pipe was repaired.

3. Make Correct Paper Work Entries

In today’s shipping industry, documentation has become the primary concern for all shipping operators, who keep a track of each and every operation of the ship. These records are used as a proof for authorities that the ship is operating as per all international regulations.

It also helps them in tackling future problems (as the documents are used as references) and most importantly, they are used for insurance claim survey if any damage or accident occurs. Thus make sure that all the entries you make in your documents (e.g-Log books) are correct to avoid any mishaps in the long run.

Real Incident: Many officers enter wrong and manipulative readings/ records in the official log book, which is considered as the main reference for any operation on ships. This has lead to several fatal accidents and emergency situations in the past. Moreover, when in need, these false records can lead to wrong interpretation or cancellation of insurance money in case damage occurs to the ship.

4. Don’t Ignore Alarms – Every Alarm is a sign that Something is Wrong

Different types of alarms (audible and visual) are fitted onboard ships to warn crew members of any emergency, so that immediate actions can be taken to tackle the same. It does not matter if the alarm is genuine or just meant for a drill; one must treat every alarm as an emergency and act on the dedicated duties as soon as possible.

Don’t use your brain to judge a situation when an emergency alarm is given; just act! Sometimes even a second delay can lead to severe consequences and loss of life.

Real Incident: Once a vessel was crossing the Indian Ocean, which is considered a no pirates attack zone and a safe region. Suddenly a general alarm was heard. Some of the crew members thought it was a drill or some error in the alarm system. They were not spontaneous and delayed their duties. The ship was attacked by pirates and those who took the alarm seriously reached the Citadel safely whereas those who ignored were held as hostages by the pirates.

5. Don’t allow Anyone to Have Access to Your Cabin

Your Cabin in ship’s accommodation is your own private place and you are solely responsible for all the holdings inside it. Never allow any one (from ship or outside) to enter your cabin without your consent or presence.

Custom authorities of different countries have their own rules for carrying particular objects in their countries. If caught carrying object which is prohibited in a country, the ship can be held or arrested and you can land in prison or prosecuted.

Real Incident: An oiler kept three movie CDs containing adult material in an able seaman’s room without the consent of the later.  This was done to hide them from customs of a particular country. When customs boarded the ship, they checked all the cabins and as per the rules arrested both the oiler and the AB for possessing such obscene material.

6. Don’t be a “Parcel Boy”

When joining a ship or signing off after finishing up a contract, you may be in a jolly mood and ready to help your mates. Sometime you may be asked (requested) to carry a parcel and hand it to his/her family or vice-versa. Never carry any such things from your crew members or their families without completely checking the parcel and knowing the custom regulations of the country you are flying to.

Companies and agents will be responsible only until you enter the airport, after that, it would be solely your responsibility. Hence avoid any kind of trouble to yourself and to the company.

Real Incident: A seafarer was once held at Singapore airport for taking extra liquor in a parcel handed to him by a crew member.  He was fined for the act and also missed his flight due to the delay.

7. Never Get Involved in Physical Fights- Be Calm

On a ship there are people from different nationalities working together. This may sometime give rise to a conflict. Never make an issue big enough that it leads to physical fights. Such behaviour may lead to your suspension from sea career or imprisonment in some countries as per the severity of the matter. It is important to maintain your cool while working onboard as injury of any kind at mid sea can become dangerous because of non availability of special medical assistance.

Real Incident: A crew member was suspended after he got involved in a physical fight with his senior officer at a US port.  Instead of reporting it to the management officers of the ship he took the matter in his own hand. Local law of the country imposed fine on the crew for this incident.

8.  Don’t Drink and Drive – Not even a Ship

The basic rule on land applies to ships as well. Whether you work in the engine room or keep watch at the bridge, never carry out your duties under the influence of alcohol.

If you have been drinking or find that the person came to relieve you is in drunken condition, do not take over or allow him/her to take over the watch. Always make sure you follow drugs and alcohol policy of your company. Violation of this policy is a serious offence which can cost you two years of suspension from the job. Working in drunken condition can even lead to accidents and emergencies.

Real Incident: Under the influence of alcohol, a Master of bulk career MV Kathrina misjudged the course and ship ran aground on the Goodwin Sands in the Dover Strait. Master was prosecuted with one year of imprisonment.

9. Be on Time, Don’t Miss Your Ride

The ship is the only place you are safe.  It is your temporary home when sailing in international waters. When you go for a shore leave, make sure you note down the shore leave expiration timings and also come back on time to avoid embarrassment of getting left behind and being a liability to the company.

Real Incident: It is very common practice to manipulate the ship’s departure timing with cargo loading schedule and not coming back on shore leave expiring time. Several incidences have been reported of seafarers getting left behind in a port or have delayed the ship causing financial loss to the company.

10.  Ship is Not Your Private Property

When signing off from the ship, many professional seafarers take home ship’s property (from computers to printer stationary; yes it’s true!) along with their luggage. Such behaviour is not at all ethical as crew replacing you will need those resources to carry out daily operations of the ship after you are gone.

Selling of ship spare or bunker is another practice carried out for personal gain. Such activities can lead to suspension of your job, along with penalty and legal consequences under theft case.

Real Incident: A chief engineer was sent to prison for selling bunker of the ship and making illegal money from it for personal gain. The company registered the case against its own employee to make sure such incident is not repeated.

Being a professional seafarer means a good track record of work with correct attitude. Make sure you note the above mentioned practices to avoid unnecessary trouble.

So what practices do you follow to avoid trouble on ship? Do you have any advice for our seafarer

Grounds for dismissal

Before a seafarer can be dismissed and discharged from the vessel, it is required that he be given a written notice regarding the charges against him and that he be afforded a formal investigation where he could defend himself personally.. 

Section 33 of the Philippine Overseas Employment Administration- Standard Employment Contract (POEA-SEC) enumerates  twenty one (21) offenses which are considered valid grounds for dismissal. .When a seafarer commits such act(s), he may be penalized by the master of the vessel with dismissal and be made to pay the cost of repatriation and his replacement. Additionally, an administrative complaint or disciplinary action against the seafarer may be filed before the  POEA, who,  after due investigation, may  impose penalties ranging from suspension  to  delisting, depending on the gravity of the offense and the frequency of the violation(s).

In case of an  illegal dismissal,  a seafarer is  entitled to receive from his employers His salaries for the unexpired portion of his employment contract not merely  his salaries for three (3) months for every year of the unexpired term.

OFFENSES

  1. Smuggling or violation of any custom rules and regulations of the Philippines and foreign ports

  2. Desertion

  3. Absence without leave

  4. Sleeping on post while on duty

  5. Insubordination

  6. Drunkenness

  7. Creating trouble outside the vessel’s premises

  8. Gambling

  9. Violation of company policies and regulations

10. Incompetence and inefficiency

11. For inciting mutiny, malicious destruction of ship’s property at any activity which will hamper

      the efficient operation of the vessel

12. Concerted action to breach approved contracts

13. Any activity which tends to destroy harmonious relationship of the company

14. Grave abuse of authority

15. For gross misbehavior  prejudicial to good order and discipline

16. Causing through neglect, damage loss, spoilage or deterioration of vessel’s stocks and property

17. Connivance with or cuddling of stowaway

18. For willfully making false statement, reports, certification or spurious seafarer’s documents for

      personal gain or with intent to mislead  or defraud the company

19. Any other case as to cast aspersion on the good name of the company and vessel

20. Violation of safety and environmental rules/regulations

21. Failure to observe the drug and alcohol policy of the company

Smuggling as ground for dismissal

Smuggling is the illegal transportation of objects, substances, information or people, into a ship,  or across an international border, in violation of applicable laws or other regulations. The verb smuggle, from Low German schmuggeln or Dutch smokkelen (="to transport (goods) illegally"), apparently a frequentative formation of a word meaning "to sneak", most likely entered the English language during the 1600s–1700s.

There are various motivations to smuggle. These include the participation in illegal trade, such as in the drug trade, illegal weapons trade, exotic wildlife trade, illegal immigration or illegal emigration, tax evasion, or the theft of the items being smuggled. 

Before a seafarer can be dismissed and discharged from the vessel, it is required that he be given a written notice regarding the charges against him and that he be afforded a formal investigation where he could defend himself personally. Section 33 of the Philippine Overseas Employment Administration- Standard Employment Contract (POEA-SEC) enumerates  twenty one (21) offenses which are considered valid grounds for dismissal.  One of the grounds of dismissal of Seafarer identified is  smuggling. 

In summary, the POEA SEC identifies the following acts as  Smuggling or violation of any custom rules and regulations of the Philippines and of foreign ports:
   

 a. smuggling any taxable item
 b. possession or use of prohibited drugs, narcotics and other contraband
 c. gun-running or possession of explosives and the like
 d. abetting or conniving with others to commit smuggling
 e. misdeclaration of or failing to declare articles leading to their seizure and fine to ship
 f. misdeclaration of or failing to declare articles leading to their seizure but ship not implicated
 g. possession of pornographic materials leading to its seizure and fine to ship
h. possession of child pornography materials leading to its seizure and fine to ship
 i. Any other violation which will not implicate ship
 j. Any other violation which will implicate the ship


Under the POEA-SEC, when a seafarer commits such act(s), he may be penalized by the master of the vessel with dismissal and be made to pay the cost of repatriation and his replacement. Additionally, an administrative complaint or disciplinary action against the seafarer may be filed before the  POEA, who,  after due investigation, may  impose penalties ranging from suspension  to  delisting, depending on the gravity of the offense and the frequency of the violation(s).

Of the acts listed above, two offenses will be meted outright delisting from the POEA registry:(a). possession or use of prohibited drugs, narcotics and other contrabandand (b) . gun-running or possession of explosives and the like.. Strict  prohibition on possession of prohibited drugs is in line with the duty of the shipowner, operator or employer to provide a safe place for the seafarer to work. This includes providing fellow crew members who are fit and capable of carrying out their duties safely. Seafarers who are under the influence of drugs clearly present a safety hazard for which an employer may find himself both civilly and criminally liable.A drug free ship not only provides a safer working environment but also enhances each individual seafarer’s long term health prospects.


Do note that the commission of smuggling is not the only act penalized but includes "abetting or conniving" with others to commit smuggling. This refers to actuatons that tends  to encourage, support, or countenance by aid or approval on the wrongdoing of  the principal offender.. It is based on criminal law that penalizes another person who may have carried out the illegal act(s) as an agent of the charged, working together with or under the direction of the charged, who is an accessory to the crime. 

Most of the countries where international merchant ships ply for exports and imports, do not allow pornographic material of any kind and a person found in possession of such material is subjected to prosecution and imprisonment . Some countries have even stricter rules if the pornographic content found contains  explicit sexual content featuring children, animals or harm and forceful nature.

Medical attention on board ship

          The experience of  a Korean seafarer posted by Humans at Sea  focused on inaction  of  the owner after he suffered an accident while on board the vessel during the effectivity of his employment contract. The owner refused to send him to a doctor despite the recommendation of the captain.

       Under the Maritime Labor Convention, specifically Title 4 thereof,  the employment contracts must reflect the shipowners/ employers’ obligations  on  measures providing for health protection and medical care, including essential dental care, for seafarers working on board a ship which include among others:

 (a) ensure the application to seafarers of any general provisions on occupational health protection and medical care relevant to their duties, as well as of special provisions specific to work on board ship;

(b) ensure that seafarers are given health protection and medical care as comparable as possible to that which is generally available to workers ashore, including prompt access to the necessary medicines, medical equipment and facilities for diagnosis and treatment and to medical information and expertise;

(c) give seafarers the right to visit a qualified medical doctor or dentist without delay in ports of call, where practicable;

(d) ensure that medical care and health protection services while a seafarer is on board ship or landed in a foreign port are provided free of charge to seafarers; and

            If on board grievance machinery turned out to be futile, the seafarer   has  the right to report to port authorities such a complaint in order to facilitate a prompt and practical means of redress the  breach of  the shipowner’s obligations towards seafarers’ rights. 

         He can likewise seek the assistance of various seafarer welfare groups in the next port  like Apostleship of the Seas (Aos). Sailor Society , German Seaman Mission, Mission to Seafarers (MtS), North American Maritime Ministry Association (NAMMA),  Biblia Harbour Mission and other groups affiliated with International Christiian Maritime Association (#ICMA)

         These provisions are essentially included in the contract of Filipino seafarers as one of the duties/ obligation of the principal/ employer/ company to provide a workplace conducive to the promotion and protection  of the health of the seafarers in accordance  with the standards and guidelines of MLC2006. The Philippine Overseas Employment Administration Standard Employment Contract (POEA SEC is designed primarily for the protection and benefit of Filipino seafarers in the pursuit of their employment on board ocean-going vessels.

 If the injury or illness requires medical and/or dental treatment in a foreign port, the employer shall be liable for the full cost of such medical, serious dental, surgical and hospital treatment as well as board and lodging until the seafarer is declared fit to work or to be repatriated. However, if after repatriation, the seafarer still requires medical attention arising from said injury or illness, he shall be so provided at cost to the employer until such time he is declared fit or the degree of his disability has been established by the company-designated physician.

The employer  is liable for  three separate and distinct  kinds of liabilities under the   POEA-SEC for any work-related illness or injury that the seafarer may have suffered during the term of the contract. In other words, employers must: (1) provide   medical treatment to  the seafarer at their cost; (b) pay the seafarer sickness allowance equivalent to his basic wage  and (2) compensate the seafarer for his permanent total or partial disability as finally determined by the company-designated physician.

The actuations of the company , gross negligence leading to serious injury or illness or death of the worker, can be considered  a ground for disciplinary action, for which it can be given the maximum penalty of permanent disqualification and delisting from the roster of accredited principals/employers

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Annulment and Legal Separation in the Philippines

 

One of the unfortunate consequence of seafarers working away for several months is the falling out of marriage.  For couples desperate to find a way out of their troubled marriages,  some choose to undergo  trying and tedious legal process where  they  have to incur many expenses: the cost of litigation, filing fees, and even the professional fees. 

Essential and Formal requisites of marriages

 It should be noted that for a marriage to take place, there are essential requisites and formal requisites which must first be met. The essential requisites of marriage are: 1) legal capacity of the contracting party, who must be male and female, and 2) consent freely given in the presence of the solemnizing officer (Article 2, Family Code [FC]).  The formal requisites of marriage are (1) authority of the solemnizing officer, (2) a valid marriage license (except in specific instances mentioned under Chapter 2 of the Family Code), and (3) a marriage ceremony which takes place with both of the contracting parties appearing before the solemnizing officer and declaring that they take each other as husband and wife in the presence of not less than two witnesses of legal age. (Article 3, FC).

Although many loosely call all actions for terminating marriage in the Philippines as annulment, the truth is there are several actions that may be instituted to terminate the marriage.

Declaration of Nullity of Marriage

Grounds rendering a marriage “void ab initio” are:

1. those contracted by any party below 18 even with the consent of parents
   or guardians;
2. those solemnized by any person not legally authorized to perform marriage unless either or both parties believed in good faith that the solemnizing officer had the legal authority to do so;
3. those solemnized without a marriage license except those expresslyexempted by law to secure a marriage license;
4. those bigamous or polygamous marriages;
5. those contracted through mistake of one of the contracting parties as to the identity of the other;
6. incestuous marriages as defined in Article 37 of the FC; and
7. void marriages by reason of public policy (i.e. between step-parents and step-children, between adopting parent and adopted child).

An action for the declaration of the absolute nullity of marriage may be instituted at any time and shall not prescribe (Art. 39, FC).

It must be emphasized that although the marriage is void from the beginning, a party cannot unilaterally contract a subsequent marriage with the thought in mind that the previous marriage was invalid.  For example, A and B contracted a marriage with a fake marriage license.  Spouse B who knew that the marriage license was fake contracted a second marriage with C.  Is the marriage between Spouse B and C valid? No!  The marriage between A and B should have first been declared null and void by the Court before Spouse B and C can marry.

Annulment of Marriage

An annulment  has the effect of considering the marriage as“void ab initio”, a latin term to meaning the marriage NEVER existed at all.  The grounds for annulment are often pertaining to the absence of, or defect in, one of the essential or formal requisites of marriage. Although it has a different effect in how it considers the marriage (null and void) after annulment, it has however the same effect in terms of capacitating the parties to remarry.

In an Action for Annulment of Marriage, the following marriages may be annulled:

1. that the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over, but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;
2. that either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;
3. that the consent of either party was obtained by fraud, unless such party
   afterwards, with full knowledge of the facts constituting the fraud, freely
   cohabited with the other as husband and wife;
4. that the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;
5. that either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or
6. that either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable.

 Unlike in the first set of grounds above mentioned, an action for the annulment of marriage prescribes; in case of lack of consent, until the party filing for annulment reaches 21;  in case of insanity until the death of either party or the lucid interval of the insane spouse; in case of fraud, force, intimidation or undue influence, incapacity to consummate the marriage or knowledge of the sexually-transmissible disease, within five years from the occurrence of the fraud, force, intimidation or undue influence, incapacity to consummate the marriage or knowledge of the sexually-transmissible disease.

Legal Separation

Legal separation is merely the separation of spouses from bed and board. (Article 63 of the Family Code) While it permits the partial suspension of marital relations, the marriage bond still exists as the marital bonds are not severed as in the case of annulment or petition for nullity.  The grounds for legal separation are:                                                                                                      

1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;
2.  Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;
3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;
4. Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;
5. Drug addiction or habitual alcoholism of the respondent;
6. Lesbianism or homosexuality of the respondent;
7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippine sor abroad;
8. Sexual infidelity or perversion;
9. Attempt by the respondent against the life of the petitioner; or
10. Abandonment of petitioner by respondent without justifiable cause for more than one year. (Article 55 of the Family Code of the Philippines)

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