Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
QUEZON CITY
Branch ____
ROBINA,
Petitioner,
-versus-

Civil Case No. ____________

For: Declaration of Nullity of Marriage

BATMAN,
Respondent.
x-----------------------------x
PETITION
In this present Petition, the Petitioner prays of this Honorable Court to declare as null
and void her marriage to Respondent on the ground of the latters psychological incapacity.
The following pertinent and relevant Family Code provisions are the bases in the
treatise of this Petition:
Art. 36. A marriage contracted by any party who, at the time of the celebration, was
psychologically incapacitated to comply with the essential marital obligations of marriage,
shall likewise be void and even if such incapacity becomes manifest only after its
solemnization.
Art. 68. The husband and wife are obliged to live together, observe mutual love,
respect and fidelity, and render mutual help and support.
Art. 72. When one of the spouses neglects his or her duties to the conjugal union or
commits acts, which tend to bring danger, dishonor or injury to the other or the Family, the
aggrieved party may apply to the court for relief.
Petitioner, by counsel, respectfully states:
1.
In retrospect, petitioner met respondent some time on September 2000 when she was
a third year high school student at CASA DEL NINO MONTESSORI SCHOOL in San Pedro
Laguna. They started as phone pals. After a series of chats, their conversation became
serious until respondent courted petitioner. Eventually they became a couple. Their
relationship was smooth-sailing from January 2003 to 16 January 2006.
2.
Some time on year 2006, the couple broke up. Respondent told Celio that he will never
bother her again. Until they reunited on year 2007.

3.
When petitioner went home on February 2008 to her family in Novaliches, her mother
found out that she was pregnant. Petitioner's mother then demanded marriage from
resopndent.
4.
Upon the advice of petitioner's cousin, Wonderwoman, respondent went to Caloocan to
find out the process and documents needed for the marriage ceremony.
5.
On 07 April 2008, petitioner and respondent were married at Trade Wind Consulting
and General Services located in Caloocan City. The marriage ceremony was solemnized by
Rev. Rodolfo G. Dela Fuente. Two of petitioner's cousins, Wondermwoman and Supergirl,
attended the ceremony as witnesses and godparents. No representative from Batman's family
came to attend the wedding ceremony. The latter only handed a piece of paper purporting to
be a Parental Consent from his Lola Penguin. Petitioner doubted the authenticity of Lola
Penguin's signature because the latter is an illiterate.
6.
After the marriage, petitioner went on to live with her parents while her husband live
with his parents.
7.
On May 2008, respondent claimed that he graduated as an engineer from Mapua
Institute of Technology.
8.

On August 31, 2008 their son, Rheister Jhansen Marc A. Barit was born.

9.
It was only on 2 December 2008, two days before their son's baptism, that petitioner
went to their conjugal home to start living as husband and wife. Respondent left their house
every day, claiming he worked as professor in Mapua Institute of Technology (Mapua).
10.

On 4 December 2008, their son was baptized at St. Charbel Parish Mindanao Avenue.

11.
Sometime on February =2009, petitioner started working as private tutor to a Japanese
visitor of her uncle in Novaliches.
11.
It was also in the year 2009 that respondent started hurting petitioner. She sought help
from her brothers. The latter mediated because they do not want the couple to separate.
Petitioner knew that she would not get any support from her family. There was nowhere to go.
She had to bear his attitude. Petitioner was not a happy wife. During those times, petitioner
had doubts about her husband's work. She noticed respondent leaving home every day, going
to work. Petitioner wondered why respondent's employee uniform with his name plate on it
was never worn. That uniform was never dirty except from accumulated dust due to long stay
in the car. She figured his husband was hiding something from her. One day, petitioner
accidentally pressed a wrong button in their electric box which resulted to power outage in
their entire home. She became nervous so she called the telephone number of Mapua.
Petitioner asked to speak with her husband but the person on the other line told her that they
had no employee named Batman. Petitioner added that his husband graduated from Mapua
and is teaching in college. The person on the other line said that there was no graduate with
that name since Mapua was built. Petitioner then confronted respondent of what she just
discovered. Batman admitted that he did not graduate in Mapua nor was he teaching in
college. He was not a college graduate at all. Respondent added that it was not important as
long they have food in their table. Petitioner felt devastated. She was so worried of their

future. She did not want her in-laws to feed them and provide for their needs. Petitioner
started not to trust her husband for all the lies he told her. She knew that Lester lied to his
parents. His entire family thought he graduated college and just got interested in teaching.
12.
Some time during the year 2010, respondent was hired as a crew in SAVEMORE in
Libis. Petitioner knew this because of the realistic dirty uniform he brought home every day.
13.
On April 2010, petitioner got pregnant of their second child. During her fourth month of
pregnancy, she was hospitalized because her amniotic fluid leaked. She was advised to take
bed rest. She was forbidden to move around the house and to avoid stress and anxiety. The
remaining amniotic fluid must be saved or else the baby will die.
14.
On September 2010, petitioner gave birth during her sixth month of pregnancy. The
baby's lungs and heat were not fully developed. After a month, the baby died. The couple
cremated her remains and put her ashes in an urn. The urn is still in their house until now.
15.
It was also on year 2010 that her mother-in-law was accused of Estafa so she had to
fly to Canada.
16. On January 2011, petitioner was officially hired as English Tutor in C21.
17.
On 18 May 2011, respondent asked petitioner to clean their bedroom. When his
husband found out that she did not follow him right away, he hit her. Petitioner hit him back to
defend herself. He slapped her and she slapped him back. They kept hitting each other. After
a while, petitioner called her father and told him what happened. Her father told her that she
was free to go to their parents' house.
18.
After their last fight, petitioner left their conjugal home and went to her parents' house
in San Pedro Laguna. It is where she lives until now. The couple agreed that petitioner would
leave her son to live with his father. She was only allowed to take her son with her during
weekend. She would fetch his son on Friday night and bring him back on Sunday night. That
agreement was followed for the first few weeks. One weekend, his son told her that he do not
want to go back to respondent's house. He said he wanted to live with petitioner. Petitioner
then sought his father for advice. His father told her to seek for a legal advice. Petitioner went
to Batas Mauricio. The latter told her that petitioner could file for custody of the kid but she
knew she could not afford to file. Petitioner did not return her son to his husband. The heart of
a mother was burning on her. She just waited for her husband to make a step to get their
child. Fortunately, his husband did not do anything.
19.
Petitioner worked as an English Tutor from 2001 to 2008 while pursuing her college
degree. She graduated with a Bachelor's Degree in Education on 2008. She also passed her
Licensure Examination during that year.
20.

Petitioner's son is now in elementary.

PRAYE R

WHEREFORE, premises considered, it is respectfully prayed that the marriage of the

parties be declared null and void from the beginning under Article __ of the Family Code.
Petitioner also prays for other reliefs as may be deemed just and equitable in the
premises.
Quezon City, Philippines.