Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 34

CHING CHONG
Petitioner,

Civil Case No. 123266

- versus - For: Declaration of Nullity of
Marriage

JING CHONG
Respondent.
x---------------------------------------x

PETITION

COMES NOW petitioner, through the undersigned counsel and to this

Honorable Court, respectfully alleges:

1. That petitioner CHING CHONG is of legal age, married, Filipino

and resident of 1473 G. Masangkay St., Sta Cruz, Manila;

2. That respondent JING CHONG Arceo is likewise of legal age,

married, Filipino and presently residing at 1473 G. NHA Buhangin Davao
City;

3. That petitioner and respondent celebrated their marriage on

February 14, 2003 before the Parish Church of San Agustin, Manila,
certified true copy of their Marriage Certificate is attached and made integral
part hereof as Annex “A”;

4. That petitioner and respondent have two child. They have no

written agreement executed before the marriage to govern their property
relations nor have any community property acquired during their marriage.
They have no debts;

5. That petitioner met the respondent sometime in 1998 in City of

Davao. Their romance culminated in a marriage before the priest of San
Agustin church;

6. That in a short span of time they had been together, this is the time

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which the petitioner describes as a period where the respondent’s instability,
psychological or otherwise, showed up;

7. That other instances, wherein such instability could be reasonably

inferred are as follows:

a. After their marriage, the respondent gave up his job at F. D.

Roque & Associates as Assistant Manager without justifiable reason;

b. That petitioner tried to explain to him that it was his

responsibility to support her but respondent would ignore and shout at her,
making the petitioner the breadwinner of the family;

c. That the respondent is a compulsive gambler;

d. He is a womanizer;

e. He resorts to drug and alcohol abuse during their cohabitation;

f. That the respondent does not want to have a child with the
petitioner because according to him it will just cause burden for him;

g. That parties would fight even for the smallest things through
not due to the fault of the petitioner, and frequently, the respondent would
always apologize to the petitioner, but later on, he will repeat his
quarrelsome and troublesome ways;

h. He prefers to hang out with friends and with her flings instead of
being with petitioner;

8. That during their honeymoon period, things were running smoothly

between them, but not on the succeeding week, when the respondent’s
instability started to manifest clearly to the petitioner. Their relationship
lasted sometime in 2003;

9. That some other manifestations of the psychological and emotional

disturbances on the part of the respondent can be cited as follows:

a. That there were many times when the respondent never even
kissed the petitioner. Respondent would not even look at her whenever they
spoke with each other. She was always the one, who holds or hugs him so
that they may become closer to each other but every time she tries to be
closer to him, he simply had to always turn his back to her. This is causing
so much unbearable emotional and psychological pain on the part of the
petitioner;

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 b. That petitioner told the respondent that they should discuss
what went wrong between them and hopefully they could work it out again.
The petitioner verbalized all of the things she had noticed and felt, knowing
that everything works out when there is an open communication. She told
him about the lack of passion, respect and romance in their relationship. The
respondent just ignored her pleas;

c. That respondent began hurting the petitioner physically by

throwing things on her and shoving her around;

d. That respondent did not stop gambling and using alcohol and
drugs;

e. The respondent abandoned the petitioner and left to be with

another woman. Since May 2003, the respondent did not return nor tried to
communicate with the petitioner. The petitioner on several instances, tried
to reach the respondent through his relatives and friends but to no avail.

10. That the petitioner already gave up on the respondent after trying to
give all her efforts just to save her marriage to a man who, as shown in the
foregoing, is not cognitive to and psychologically incapable of performing,
his basic marital covenants to herein petitioner;

11. That further, respondent’s psychological incapacity from all

indications appears to have been manifesting at the time of the celebration of
marriage. Although said manifestations were not then perceived, the root
cause shall be proved to such an extent that respondent could not have
known the obligations he was to fulfill or knowing them could not have
validly performed them. It is of such incapacity that respondent was unable
to assume his marital obligations;

12. That the respondent’s incapacity to fulfill his essential marital

obligations appear to be grave, incurable and deeply ingrained, thus;
warranting the issuance of the Decree of Nullity of petitioner’s marriage
with the respondent;

13. That finally, the petitioner has therefore no other recourse but to seek
judicial relief. The prospects or possibility of respondent to reform and
assume his essential marital obligations is a remote possibility, if not a
hopeless expectancy.

PRAYER

WHEREFORE, after trial, it is respectfully prayed that this Honorable

Court rendered judgment:
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 1. Declaring the marriage entered into by the parties as NULL and
VOID on the ground of psychological incapacity of the respondent;

2. Ordering the Local Civil Registrar and the National Statistics

Office to cancel in their respective Books of Marriages, the marriage between
the petitioner and the respondent.

Petitioner prays for such other relief she may be entitled to in the
premises.

Davao City, February 12, 2020.

ADRIAN PAJARO
Counsel for Petitioner
Until December 31, 2021
Attorney’s Roll No. 10772
PTR No. 7862245 B; 01-02-20;
Davao City
IBP O.R. No. 024454; 01-02-20;
Davao City

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REPUBLIC OF THE PHILIPPINES)
PROVINCE OF DAVAO DEL SUR) S.S
IN THE CITY OF DAVAO………..)
X…………………………………….X

VERIFICATION AND CERTIFICATION

I, Ching Chong, of legal age, after having been duly sworn in accordance
with law, depose and state that:
1. I am a petitioner in the above-stated case representing the republic
of the Philippines;
2. I caused the preparation of the foregoing petition;
3. I have read the contents thereof and the facts stated therein are true
and correct of my personal knowledge and/or on the basis true and
authentic records.
4. I have not commenced any other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or any other
tribunal or agency;
5. To the best of my knowledge and belief, no such action or
proceeding is pending in the Supreme Court, the Court of Appeals, or
any other tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding has
been filed or is pending before the Supreme Court, the Court of
Appeals, or any other tribunal or agency, I undertake to report that fact
within five (5) days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto affixed my signatures this 12 th

day of February 2019, at Davao City, Philippines.

Ching Chong
Affiant
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 SUBSCRIBED AND SWORN to before me in the City of Davao this
th
30 day of April 2016, by Ching Chong, who has satisfactorily proven her
identity to me through his SSS ID issued by the PRC bearing his photograph
and signature and with VIN 1123-12323232-4, that he is the same person
who personally signed the foregoing document before me and acknowledged
that he executed the same.

WITNESS MY HAND AND SEAL this 12th day of February

2020 in Davao City, Philippines.

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 NOTARY PUBLIC
Doc. No. 64;
Page No. 13;
Book No. 01;
Series of 2020.