Republic of the Philippines

REGIONAL TRIAL COURT

Second Judicial Region
FAMILY COURT
Branch ___ (__)
Santiago City

XXX, CIVIL CASE NO._________

Petitioner,
-versus-
FOR: DECLARATION OF
XXX, ABSOLUTE NULLITY OF
Respondent. MARRIAGE
x- - - - - - - - - - - - - - - - - - - - - x

PETITION
PETITIONER XXX, through undersigned counsel, and unto
this Honorable Court, most respectfully states and shows that:

THE PARTIES

1. The petitioner XXX is 37 years old, female, married,

Filipino, and with residence address at No. _______________. For
purposes of this Petition, the petitioner may be served with all notices,
orders, and other processes of the Honorable Court through the office
address of the law firm as indicated below.

2. Hereto attached to prove the residence of the petitioner

are the Certification issued by the Office of the Punong Barangay of
_____________________ where the petitioner is residing with an
accompanying sketch showing the location of the petitioner’s abode,
the petitioner’s identification card bearing her residential address and
the Sworn Attestation as Annexes-“A”, “B” and “C”, respectively.

3. While the respondent, XXXX is 36 years old, male,

married, Filipino, and his last known address at __________ where
he may be served with summons, notices, orders and other court
processes.

STATEMENT OF THE CAUSE OF ACTION

4. The petitioner and respondent got married on

_________ at the ___________. Their marriage was
solemnized by _____________. The parties’ marriage is
evidenced by the Certificate of Marriage issued by the National
Statistics Office which is attached hereto to form an integral part of
this Petition as Annex “D”.

5. The petitioner and the respondent have a child named,

________. The Certificate of Live Birth __________ is hereto
attached to form an integral part of this Petition as Annex- “E”.

6. The petitioner and the respondent have met sometime in

the year 2002 when they both worked in a recruitment agency at
Mabini, City of Manila. Shortly after the parties’ first encounter, the
respondent started to tease her about her sexuality which eventually
led to courting. The petitioner and the respondent officially became
sweethearts only after a year of courtship.

7. Before the aforesaid marriage of herein parties and during

their three (3) years as common-law partners, the petitioner has
observed in the respondent manifestations of his excessive
admirations, his being engrossed with fantasies of unlimited success
and ideal love. Herein petitioner has also observed in the respondent
his arrogance, haughty behaviors, his sense of entitlement, and lack
of empathy. The petitioner’s observation of the respondent’s
behaviors is shown by the following external manifestations:

7.a. Respondent used to bring with him

another woman as his companion during
their motorcycle rides;

7.b. Respondent had numerous heterosexual

relationship and kept other affairs with
another woman while being in a relationship
with the petitioner;

7.d. Respondent had a one-night stand with

the petitioner’s cousin and when confronted
with his actions he immediately admitted the
same with the petitioner;

7.e. The respondent kept another SIM card

for his communication with another woman
even if he is still in a relationship with the
petitioner;

7.f. The respondent easily ended his

relationship with the other woman without
hesitation whom he had impregnated;

7.g.While on the process of proving himself

to the petitioner that he is already a changed

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 man, petitioner caught the respondent having
text messages with another woman;

8. While the parties’ were together as sweethearts and also

during their marriage, petitioner also manifested unusual behavior
particularly her passive attitude, constant complaints of being
misunderstood and unappreciated. The petitioner is sullen and easily
engaged in an argument with the respondent and exaggerates and
complains about her personal misfortunes. Petitioner also manifested
her behavior of being defiant and remorseful. These unusual
behaviors of the petitioner are shown by the following factual
circumstances, to wit:

8.a. After the respondent’s admission of his

one-night stand with the petitioner’s cousin,
petitioner forgot the incident as if it has not
happened and they all lived in the same
apartment;

8.b. Petitioner claims that respondent’s

involvement with another woman after
another took her trust away from him and
eventually drifted her love away from
respondent;

8.c. The petitioner easily got irritated and

often starts arguments with the respondent.
Petitioner was also annoyed of the fact that
respondent repeated involvement with
different woman;

8.d. The petitioner kindled arguments with

the respondent to the point of throwing
anything she can hold to the respondent like
cellphone, canned goods and even wall clocks
and flower vase;

8.e. When the petitioner caught the

respondent kissing someone in the street, she
cannot help herself not to be upset and
outrage so much that she slapped the
respondent;

8.f. The petitioner always thinks about the

respondent’s marital infidelity and repeated
involvement with another woman and she
always gets upset whenever she was
reminded of respondent’s repeated
shortcomings;
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 8.g. The petitioner closes her heart and mind
from possible reconciliation with the
respondent for she can no longer bear his
heartlessness and scheming attitudes;

8.h. The petitioner lost trust and interest to

the respondent but for the sake of their
upcoming child, she tried to believe him;

8.i. Petitioner wanted to part ways with the

respondent so she drove him away out of
their rented apartment;

8.j. In spite the second chances the petitioner

gave to the respondent, she has always
reservations as to the faithfulness of the
respondent.

9. From 2006 when the parties started living together as

husband and wife up to the time they permanently separated ways in
2008, the petitioner has exerted all utmost and sincere efforts to
preserve their vow of marriage. Notwithstanding her utmost and
sincere efforts, their marriage appeared to be destined to failure as
the respondent was incorrigibly and psychologically incapacitated.
This incapacity becoming serious and incurable with the passing of
time, negating the realization of the fulfillment of the essential
marital obligations to his wife, herein petitioner, and to their
daughter on account of the following manifestations, to wit:

9.a. Respondent got repeatedly involved with

another woman despite being married to the
petitioner and after the second chances given
by the petitioner;

9.b. The respondent was not around to

support the petitioner when giving birth to
their daughter instead he chose to work
overtime;

9.c. The respondent cheated at the time the

petitioner was giving birth to their daughter.
Respondent claimed to be working overtime
when in truth and in fact he has been with
another girl;

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 9.d. The respondent decided not to return to
the petitioner anymore after he got the chance
to go home to his province;

9.e. Respondent did not even bother to check

on the petitioner after a strong typhoon has hit
their house in Malibay, Pasay City;

9.f. Respondent did not return to the

petitioner after he went home to his province.
Since then, has cut his ties and support to her
and to their child. One time, when their
daughter got sick he did not even bother to
visit or give financial support to her;

9.g. Since the respondent left the petitioner

and his child, he did not send any single
centavo for his child for financial support;

9.h. The respondent introduced himself to be

single even though he is already married to the
petitioner and has a child with her;

9.i. The respondent is arrogant and even hit

and physically assault the petitioner during
their arguments.

10. From August 2008 and up to the present or for a period

of eleven (11) years already, inclusive, the petitioner and the
respondent had been living their separate ways. The parties also
never had a chance to see each other or had a sexual congress during
the same period which is a clear manifestation of their psychological
incapacity

11. The petitioner and respondent’s attitudes are clearly

incompatible with the solidarity of the family and demonstrates their
utter insensitivity and incapacity to perform essential marital
obligations and to give meaning and significance to their marriage.

12. The parties’ incapacity to perform their marital

obligations is grave, incurable, psychological in nature and of juridical
antecedence.

13. The sincere and utmost efforts exerted by the petitioner to

save their marriage have been futile attesting to the fact that the
respondent’s psychological incapacity is serious and incurable. The
same thing may be said on the part of herein petitioner. Based on a
recent psychiatric evaluation, the petitioner’s psychological incapacity

5
is characterized as Other Personality Disorder (Passive-Aggressive
Personality Disorder), while that of the respondent is characterized
as Narcissistic Personality Disorder.

14. The foregoing parties’ actuations and attitude are clear

cases of utter disregard and direct violation of the mandate embodied
on the provisions of the New Family Code; specifically, Articles 68,
70, 71 and 220 of the said Code.

15. As a consequence of the parties’ psychological incapacity

or refusal to develop a normal and loving relationship with each
other, the petitioner was constrained to seek the declaration of nullity
of their marriage pursuant to the provisions of Article 36 of the New
Family Code.

16. The petitioner hereby certifies that no action or

proceeding has been filed in the Supreme Court, Court of Appeals,
tribunal or agency of the government in connection with the present
case, that no action of proceeding is pending in the same courts,
tribunal or agency of the government and that if the petitioner
became aware of any action of proceeding that has been commenced
or pending in the said courts, tribunal or agency of the government,
he will notify this Court within five (5) days from knowledge thereof.

17. That the provision of Section 412 of the Local Government

Code of 1991 (R. A. 7160) on conciliation in the barangay is not
applicable in the present case, it appearing that the parties are
residents of local government units which are distant from each
other.

18. The petitioner and respondent have not acquired

properties during their cohabitation, hence no real property are
registered in the name of the petitioner by himself, or in partnership
with the respondent.

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court that, after due hearing, a decision be
rendered:

1. ORDERING / DECLARING the absolute nullity of the

marriage between the petitioner and respondent
__________ and which was solemnized at the
_____________;

2. DECLARING that the parties have no conjugal

properties;

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 3. GRANTING both parties shared custody over their
minor child, subject to the availability and circumstances
of each party.

Petitioner prays for such other relief and remedy which are just
and equitable under the premises.

Santiago City, Philippines. 22nd day of July 2019.

___________ ASSOCIATES LAW OFFICES

Counsel for the Petitioner
No. ___________
Santiago City
Tel No._____________
E-mail: ____________

Republic of the Philippines)

Santiago City )S.S.
x---------------------------------x

VERIFICATION /
CERTIFICATION AGAINST NON-FORUM SHOPPING

I, __________, of legal age, female, married, Filipino, with residence

address at ______________, after having been duly sworn to in accordance
with law, depose and state: that I am the petitioner in the foregoing Petition; that
I have caused the preparation of the said Petition and I have read and understood
its contents and that the contents thereof are true and correct to the best of my
personal knowledge and information and based on authentic records.

That I further certify that I have not commenced any other action or
proceeding involving the same issues relating to the issues in the foregoing
complaint before the Supreme Court, Court of Appeals, or any tribunal or agency;
that to the best of my knowledge, no such action or proceeding is pending
therein, and that if I should hereafter learn that a similar action or proceeding
has been filed or is pending therein, I shall undertake to report the same within
five (5) days therefrom to this Honorable Court.

Santiago City, Philippines, _ July 2019.

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 ______________
Petitioner-Affiant

SUBSCRIBED AND SWORN to before me this 7th day of June 2019 at

Santiago City, Philippines.

Doc. No. ;
Page No. ;
Book No. ;
Series of 2019 ;