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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


NATIONAL CAPITAL REGION
Branch 23
Pasig City, Metro Manila

RHICK BULAN
Petitioner,

-versus-

CIVIL CASE NO. 12367


JUDICIAL DECLARATION
OF NULLITY OF MARRIAGE

MARVINA SY-GONZALES
Respondent.

xx

THE PETITION

Petitioner, RHICK BULAN (Rhick for brevity) is of legal age, Filipino and presently residing
at Bagong Ilog, Pasig City;

Respondent, MARVINA SY-GONZALES (Vina for brevity) is likewise of legal age, Filipino
and is last known by the Petitioner to be residing at Bunting, Pasig City, where she may be
served by notices, orders and processes of the Honorable Court.

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.

FACTS OF THE CASE

The classic love affair between Mr. Jay Fo and Ms. MARVINA SY-GONZALES started when
the latter was introduced to the petitioner through her cousin Mia. She and Jay were workmates
in Department of Social Welfare and Development (DSWD). What started as a simple
acquaintance was followed by an intense courtship; Jay was immediately attracted to her that
soon enough he was deeply engrossed with her. Jay would often bring Vina to and fro in her
place of work; he visited her in their house almost on a daily basis. These adorable actuations of
Jay eventually led to a romantic affair between him and the respondent. Not for long, their secret
liaison resulted in sexual intimacies between the two, not just once, but on several occasions.
These intimate moments that Jay and Vina shared together in the private perfumed parlor, so to
speak, resulted in the unexpected pregnancy of the latter. This turn of events changed their lives
forever.

The fruit of their lovely labor was discussed by them with their respective families. Both families
agreed that since Jay and Marilen are gainfully employed, they should now tie the knot for the
sake of their soon-to-be offspring and transformed their amorous relationship into a marital bliss.
Needless to say, Marilens pregnancy hastened their marriage that was held on the 28th of May
2015 in a church in Taytay, Rizal. Most members of their respective families attended the marital
ceremony. The first stages of their married life were full of happiness and excitement, as they
awaited Vinas first delivery. She and Jay lived with her family after the wedding and her family
was cordial towards him. As time passed, a second child came, and they eventually moved in to a
new house. It was a smooth sailing for the newly-weds at first. But a gradual changed in what
seemed to be a happy union loomed in the horizon.

Their marriage, however short-lived, blessed them with two children. At the time of their marital
union Jay continued working in DSWD whiles his now wife Vina worked in the Land Bank of
the Philippines. As earlier pointed out, the marriage seemed happy in the beginning until one day
the respondent asked him to go abroad supposedly because their incomes were not enough but
much to the opposition of the petitioner. Jay did not like the idea of either him or his wife going
abroad to earn more money at the expense of the family being separated; according to him they
could live on their meager incomes for as long as the family stays together. But because of the
insistence of his wife Vina to go abroad and to escape from her pestering, he eventually gave in
to her wish and flew to Dubai as an overseas worker in 2004. He worked as a CNC operator in
that far away country known for its unforgiving weather.

Jay endured working hard in the harsh climate of Dubai for more than a year while sending
money religiously to Vina way back in Manila. Everything was normal in the beginning of their
new marital arrangement Jay working in Dubai and Vina working in Manila at the Land Bank
of the Philippines.

They communicated constantly through texting and phone calls. But this was not for long, what
appeared to be a happy arrangement at first, took an unexpected turn. Jay noticed a sudden
change of Vinas behavior: the frequent texts that she regularly sent to him and the phone calls
that she often made became far and infrequent. There were times that when he called her up,
Vina would simply drop the call. On certain occasions that he would call her late at night, she
was not still in the house and nowhere to be found. And whenever they would finally talk on the
phone, she was always in a hurry to stop the conversation arguing that that the international calls
was expensive even if it was Jay who was paying for them anyway. Making the situation worse,
the respondent even prevented their two children from talking to him on the phone. But to the
biggest surprise of Jay, she had the gall to ask him for a marital separation on the phone! She
made it clear to Jay that she was ending their marriage right on the very moment they were
conversing on the phone. Jay was at a loss on Vinas strange new actuations towards him and her
seeming loss of affection towards him. The new sad development in his married life drove him to
tears and he almost lost his mind figuring out what could be the reason for his wifes drastic
decision. Did I do something terribly wrong? This was the nagging question at the back of his
tortured mind. He could not think of anything he had done to merit such a cold treatment from
the lady she dearly loved. He however recalled what his childhood friend, Bob Justin, told him
about the rumors of Vina having entertained another man. This man was often seen driving off
Marilen after work. Despite these rumors, Jay still continued to believe that his wife still loved
him, ever loyal to him, cared for their children and valued the sanctity of their young marriage.
He was wrong.

Jay went home to the Philippines in 2015 in order to find the real score and hoped to save his
marriage to Vina. His main task of returning to the Philippines was precisely to fix their marital
union he dearly valued and for the sake of their children. To his consternation, Vina frankly told
him that they part ways and from then on would lead separate lives. But Jay, hopeful as he had
always been, requested the help of his relatives in the hope that Marilen would take a 360 degree
turn on her drastic decision to split up with Jay. Instead of listening to them however, she
dropped the bomb, so to speak, on him in front of their close relatives: Jays parents and sibling
and Vinas mother. Vina made her feelings loud and clear to Jay that she had no intention
anymore to patch things up with him. She further added that she no longer loved him, hence, the
eventual separation. That was the last straw for him, and has from then on learned to accept the
faith of his marriage to his once beloved wife. Right there, he decided to go back working
abroad. He presently has a girlfriend and he also religiously continues to give financial support to
his two children. And since then, the petitioner and the respondent had been living separate lives.

WHEREFORE, premises considered, it is respectfully prayed that after trial, judgment be


rendered by this Honorable Court declaring the marriage between the Petitioner and the
Respondent VOID AB INITIO by reason of the psychological incapacity of the petitioner and
respondent, citing Art. 36 of the Family Code.

Other reliefs just and equitable are prayed for.

April 28, 2015

Taytay, Rizal for Pasig City

IN WITNESS WHEREOF, I have set hereunto my hand this 29th of April,1015, at


Bagong Ilog, Pasig City;

RHICH BULAN
Affiant

SUBSCRIBED and sworn to before me, in the city/municipality of Taytay Rizal, this !5th
day of May 2015.

Doc.No.; _____
Page No.; _____
Book No.; _____
Series of 2009.
P, C and Associates Law Offices
Counsel for Petitioner
2/F MaDRIGAL Bldg. 183 Rizal Ave. Taytay Rizal