REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
MAKATI CITY BRANCH 143

JESSICA ALBA
Petitioner,

CIVIL CASE NO._________

versus FOR: Declaration of Nullity of Marriage

MARCO DUENAS
Respondent.
x-------------------------------------------------------x

PETITION

PETITIONER, by counsel and to this Honorable Court most respectfully

state:

I. PARTIES

Petitioner, JESSICA ALBA, is of legal age, married to the respondent but

separated in fact, and a resident of No. 123 Polaris St. Bel-Air, Makati City. She

may be served with summons and other court processes through her counsel’s

office address at Justice League Law Offices, 33 rd Floor, Astoria Plaza, J. Escriva

Drive, Ortigas Business District, Pasig City;

Respondent, MARCO DUENAS, of legal age married to the Petitioner but

separated in fact, and a resident of No. 187 Cambridge Street, North Forbes,

Makati City, where he may be served with summons and other court processes;

II. FACTS BEFORE THE MARRIAGE

2.1 Petitioner was born on November 24, 1975 to a conservative family who

are members of the Opus Dei;

2.2 Petitioner is currently employed as a Hotel Banquet Manager in a 5 star

hotel in Makati;

2.3 Petitioner has always been sheltered and quite naive;

2.4 Respondent on the other hand was born on April 17, 1970 to a pure

Chinese family;

2.5 Respondent took up his pre-med and medicine proper in UST;

2.6 During Respondent’s pre-med and medicine proper in UST, he had

undergone annual psychological evaluation with the Guidance Counselor.

A copy of the psychological evaluation from the Guidance Counselor is

hereby attached as “Annex A”;

2.7 During Respondent’s younger years he is used to attention because of his

appearance. He has always been close to girls because of his good looks

and said to be a ladies’ man. He has many girlfriends from the past and

up to present;

2.8 The parties met each other in Ponticello Bar in Makati sometime in the

year 2000 through common friends;

2.9 They dated secretly for almost two years after their meeting, this is

because Respondent did not want getting tied up to anybody. More so, he

did not want to get into any serious commitment with the Petitioner;

2.10 Respondent wants grandeur things in life. He always wants the best of

everything and will not settle for anything less;

2.11 Respondent has always been self-absorbed that he always put himself

first without taking into consideration the feelings of others. This is

manifested by the fact that even if his family never approved of Stella, he

did not care. He just do what he wants without regard to his family that is

why they got married without the approval of both their parents;
2.12 On June 21, 2002, the parties were married without the approval of both

their parents. A copy of the parties Marriage Contract is hereby attached

as Annex “B”;

III. FACTS DURING THE MARRIAGE

3.1 Because of Respondent’s grandiose style, they were given several

properties as wedding gifts, including a condo in Legaspi Village and a

parcel of land in Batangas. They have two cars and a bank account with

One Million in it;

3.2 The parties subsequently begot one child named Chloe, now 9 years old

and currently studying in Poveda. A copy of Chloe G. Duena’s Birth

Certificate is hereby attached as Annex “C”;

3.3 They have different views on Sexual Intimacy which has caused a strain in

their relationship;

3.4 The parties’ marriage proved to be very frustrating for the Petitioner.

Respondent’s extreme lack of love and respect towards the petitioner

became more apparent; to state:

3.4.1 Respondent wants to experiment in bed despite the fact of knowing

that Jessica comes from a family who are members of the Opus Dei

and are very conservative. Thus, Petitioner was very offended with

Respondent’s experimentation. She finds it demeaning and

disgusting;

3.4.2 There were rumors of Respondent’s alleged infidelity involving a

young intern in his department in the hospital where he is a

resident of;
 3.4.3 Rumors regarding Respondent’s infidelity is even more evidenced

by the fact that after having their first child, they never had sexual

relations for almost nine years now;

3.4.4 They started having frequent fights for over a year now and in the

heat of one of those quarrels, Respondent became violent and in

his anger, pushed the Petitioner, causing the latter to fall to the

ground and hit her head;

3.5 Saddened by the aforementioned circumstances, Petitioner focused more

on her career where she has started to spend more time at work and

afterwards, met with her friends who are either separated or are lesbians

to seek an advice from them on how to avoid getting separated with her

husband;

3.6 They sought marriage counseling but the problems of the couple remain

unresolved;

IV. FACTS AFTER THE MARRIAGE

4.1 Unknown to the Petitioner, however, Respondent was already suffering

from a psychological incapacity which has already existed at the time of

the celebration of their marriage but became manifested only later and

which was realized by Petitioner only after the solemnization of their

marriage.

4.2 Respondent’s Psychiatric diagnosis showed that he is suffering from

Personality Disorder labeled as Narcissistic Personality Disorder. A copy of

the Psychiatric Evaluation Results is hereby attached as Annex “D”;

4.3 Based on the Psychiatric Evaluation Result, the Personality Disorder of the

Respondent is serious, incurable and existed even prior to the parties’

marriage.
 PRAYER

WHEREFORE, premises considered it is most respectfully moved and

prayed that this Honorable Court after due notice and hearing shall issue an
order declaring the marriage of the parties on June 21, 2002 NULL AND VOID.

Petitioner prays for such further relief that may be deemed just and
equitable under the premises.

JUSTICE LEAGUE LAW OFFICES

33 Floor, Astoria Plaza, J. Escriva Drive,
rd

Ortigas Business District, Pasig City

By:

MOHAMMAD KHAN AWANG

PTR No. 1234567 1-5-2012
IBP No. 987243 2-21-11
MCLE Compliance No. III-000123
ROLL NO. 31097 7-10-98

CC:
Office of the Solicitor General
134 Amorsolo St., Legaspi Village,
Makati City, 1229
 VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, JESSICA G. ALBA, of legal age, Filipino, a resident of No. 123 Polaris

St. Bel-Air, Makati City, after having been sworn to in accordance with law do
hereby depose and state:

1. That I am the petitioner in the above mentioned case;

2. That I have caused the preparation of the amended petition and

read its content which are true and correct of my own personal
knowledge and based on the records on hand;

3. That I have not commenced any other action, or proceeding

involving the same issues in the Supreme Court, the Court of
Appeals, or in any court, tribunal or quasi-judicial agency, and to
the best of my knowledge, no such action or proceeding has been
filed or is pending in the Supreme Court, the Court of Appeals or
Divisions thereof, or any other tribunal/agency. I undertake to
report the fact within five (5) days therefrom to the court or agency
wherein the origin pleading and sworn certification contemplated
therein have been filed.

IN WITNESS WHEREOF, I have hereunto affixed my hand this 14 th day of

March, 2012 at Makati City.

JESSICA G. ALBA
Affiant

SUBSCRIBED AND SWORN to before me this 14th day of March, 2012

at Makati City; affiant exhibited her Community Tax Certificate No.
____________ issued on _____________ at ____________.

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2011.