Can i remarry cause i've been abandon

Hello and good day.....I got married with a British guy last 2000 in philippines and we got one son.we only been together for two years in dubai and then me and my son went back to the philippines and since then i havent heard anything from him,he dont even support our son.And now that i found somebody that i want to be with,Its been 7 years now that i lost contact with him and later my son receive a letter from his grandmother telling that hes father got a new family now.Is there any chance that i could remarry again? Divorce,annulment or nullity of marriage possible? Please i do need some advise....thank you.

Did your foreigner husband obtain divorce before he got a new family? If yes then you can remarry pursuant to the ruling in Republic vs Orbecido.

If not, you still have a chance to remarry. While mere abandonmet is not a ground for nullification of marriage, you can have your marriage nullified on the ground of Psychological incapacity of your husband

Article 36 of the Family Code so provides that A marriage contracted by any party who, at the time of the celebration of the marriage, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization

PSYCHOLOGICAL INCAPACITY has no exact definition but is restricted to psychological incapacity to comply with the essential marital obligations of marriage. It involves a senseless, protracted, and constant refusal to comply with the essential marital obligations by one or both of the spouses although he, she, or they are physically capable of performing such obligations (Chi Ming Tsoi v. CA 266 SCRA 23)

In the case of REPUBLIC v. QUINTERO-HAMANO 428 SCRA 735 (2004), Hamano, a Japanese national, abandoned his wife and daughter. The Supreme Court held that:

Molina doctrine does not require personal medical examination of the person who is psychologically incapacitated to marry. However, evidence of medical and clinical finding of any illness constituting psychological incapacity will greatly help. This can be done by an expert witness Mere abandonment is not constitutive of psychological incapacity. There must be proof of a natal or supervening disabling factor in the person, an adverse integral element in the personality structure that effectively incapacitates a person from accepting and complying with the obligations essential to marriage. “In proving psychological incapacity, we find no distinction between an alien spouse and a Filipino spouse. We cannot be lenient in the application of the rules merely
because the spouse alleged to be psychologically incapacitated happens to be a foreign national. The medical and clinical rules to determine psychological incapacity were formulated on the basis of studies of human behavior in general. Hence, the norms used for determining psychological incapacity should apply to any person regardless of nationality.”.

Thanks for the reply....No my foreign husband didnt apply for any divorce.we just lost contact of him then heard the news that he got a new family. Do i have to make contact with to regain my freedom?

Thanks for the reply....No my foreign husband didnt apply for any divorce.we just lost contact of him then heard the news that he got a new family. Do i have to make contact with to regain my freedom? what are the things should i do.....