Republic of the Philippines

REGIONAL TRIAL COURT

Branch ___,
Cebu City

GERARD DELOS REYES, Civil Case No. 29-122017

Plaintiff, For Nullity of Marriage
- versus -

GERALDINE DELOS REYES,

Defendant.
x---------------------------------------------------x

MEMORANDUM FOR PLAINTIFF

Plaintiff, by counsel, respectfully states that:

STATEMENT OF THE CASE

Plaintiff Gerard Delos Reyes filed the present action for declaration of nullity of
marriage against Defendant Geraldine Delos Reyes. Gerard seeks such nullity on the
ground of psychological incapacity under Art. 36 of Family Code claiming that
defendant was that she was an unfaithful wife, that she got pregnant from another
man and that the child was not his as the child was alleged to have been born less
than nine months from the time they copulated during his one-month vacation in
July to August of 2012. One of his prayers in the petition was for a DNA test to be
undergone to determine paternity. Defendant maintains that she was not unfaithful
to her husband and that she is entitled to regular support.

STATEMENT OF THE FACTS

1. Around one week after the parties married, around January 5, 2011, Mr.
Gerard Delos Reyes left the country and resumed work being an Overseas
Filipino Worker.
2. Mr. Delos Santos came home sometime in July 2012 for a one-month vacation
leaving in the middle of August 2012.
3. Sometime in September 2012, Ms. Geraldine Delos Reyes discovered that she
was pregnant. Plaintiff returned sometime in April 2013 and she gave birth
to their daughter on May 3, 2013.
4. Plaintiff regularly supported mother and child until February 2014.
5. In 2014, plaintiff filed a petition for declaration of nullity of marriage on the
ground of psychological incapacity.
6. One of the bases for psychological incapacity was that defendant was an
unfaithful wife, that she got pregnant from another man and that the child
was not his as the child was alleged to have been born less than nine months
 from the time they copulated during his one-month vacation in July to August
of 2012.
7. A psychologist determined that the defendant is psychologically
incapacitated based on the testimonies of his mother and sister.
8. One of plaintiff’s prayers in the petition was for a DNA test to be undergone
to determine paternity.
9. On the other hand, Mrs. Geraldine Delos Reyes seeks to inquire as to whether
or not a DNA test is necessary before regular support may be sought.

ISSUES

Given the foregoing facts and circumstances, the following issues are presented
for discussion:
1. Whether or not the marriage between the parties may be nullified under
Article 36 of the Family Code after the determination made by the
psychologist.
2. Whether or not the plaintiff must still regularly support his child, under
Article 174 of the Family Code, after a declaration of nullity.

ARGUMENTS

I. The marriage is null and void ab initio.

A. The psychological incapacity of the defendant was duly proven.
1. Psychological incapacity, which a ground for annulment of
marriage (which is different from divorce) under Article 36 of the
Family Code, contemplates downright incapacity or inability to take
cognizance of and to assume the basic marital obligations. The root
cause of the psychological incapacity must be (a) medically or
clinically identified, (b) alleged in the complaint, (c) sufficiently
proven by experts and (d) clearly explained in the decision.
2. Article 36 of the Family Code requires that the incapacity must
be psychological – not physical, although its manifestations and/or
symptoms may be physical.
3. Expert evidence may be given by qualified psychiatrists and
clinical psychologists.
4. In this case, a clinical psychologist determined, based on
testimony regarding the conduct of defendant, that the latter is
psychologically incapacitated and that the same is  medically or
clinically permanent or incurable, grave enough to bring about the
disability of the party to assume the essential obligations of marriage,
and that the illness itself must have attached at such moment of the
celebration of the marriage, or prior thereto.
5. In Antonio vs. Reyes (G.R. No. 155800, 10 March 2006), the
Supreme Court sustained the nullity of the marriage based on the
psychological incapacity of the wife as concluded by a psychiatrist.
 B. The defendant’s psychological incapacity is grave enough to bring
about the disability of the party to assume the essential obligations of
marriage
1. Article 68 of the Family Code the husband and wife are obliged
to live together, observe mutual love, respect and fidelity, and render
mutual help and support.
2. Due to defendant’s incapacity she is unable to perform her
essential marital obligation of fidelity.
3. Such incapacity is relevant to the assumption of marriage
obligations.
II. Dsf

PRAYER

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

rendered in favor of plaintiff and against defendant by:
1) DECLARING the marriage void ab initio on the basis of psychological
incapacity under Article 36 of the Family Code.
2) ORDERING that plaintiff no longer be required to pay for the support of the
child

Other just and equitable remedies under the circumstances are likewise prayed
for.

Ceby City, December 29, 2017.

(Sgd.) ATTY. REX BELTRAN

Counsel for Plaintiff
Address:
IBP No:
PTR No:
Roll No:
MCLE No
 Republic of the Philippines
REGIONAL TRIAL COURT
Branch ___,
Cebu City

GERALDINE DELOS REYES, Civil Case No. 29-122018

Plaintiff, For Support
- versus -

GERARD DELOS REYES,

Defendant.
x---------------------------------------------------x

MEMORANDUM FOR PLAINTIFF

Plaintiff, by counsel, respectfully states that:

STATEMENT OF THE CASE

Plaintiff Geraldine Delos Reyes filed the present action for support against
Defendant Gerard Delos Reyes. Geraldine seeks such support, under Article 164 of the
Family Code of the Philippines, claiming that a child conceived and born during a
valid and subsisting marriage is presumed legitimate, Thus, she is entitled to
support under Article 174. Defendant maintains that the child is not his as the child
is alleged to have been born less than nine months from the time they copulated
during his one-month vacation in July to August of 2012. One of his prayers in the
petition was for a DNA test to be undergone to determine paternity.

STATEMENT OF THE FACTS

1. Around one week after the parties married, around January 5, 2011, Mr.
Gerard Delos Reyes left the country and resumed work being an Overseas
Filipino Worker.
2. Mr. Delos Santos came home sometime in July 2012 for a one-month vacation
leaving in the middle of August 2012.
3. Sometime in September 2012, Ms. Geraldine Delos Reyes discovered that she
was pregnant. Her husband returned sometime in April 2013 and she gave
birth to their daughter on May 3, 2013.
4. Her husband regularly supported mother and child until February 2014.
5. In June 2014 she received a summons for a petition for declaration of nullity
of marriage filed by her husband on the ground of psychological incapacity.
6. One of the bases for psychological incapacity was that she was an unfaithful
wife, that she got pregnant from another man and that the child was not his
as the child was alleged to have been born less than nine months from the
time they copulated during his one-month vacation in July to August of 2012.
 7. A psychologist determined that the defendant is psychologically
incapacitated based on the testimonies of his mother and sister.
8. One of his prayers in the petition was for a DNA test to be undergone to
determine paternity.
9. On the other hand, Mrs. Geraldine delos Reyes seeks to inquire as to whether
or not a DNA test is necessary before regular support may be sought.

ISSUES

Given the foregoing facts and circumstances, the following issues are presented
for discussion:
1. Under Article 164 of the Family Code of the Philippines, whether or not a
child conceived and born during a valid and subsisting marriage, whose
filiation is impugned by the father, is presumed legitimate.
2. Whether or not a DNA test must be taken to prove the paternity of the child
in order to enable the wife to claim support for her child from her husband
under Article 174 of the Family Code of the Philippines.

ARGUMENTS

I. The child is presumed legitimate

A. The psychological incapacity of the defendant was duly proven.
1. Psychological incapacity, which a ground for annulment of
marriage (which is different from divorce) under Article 36 of the
Family Code, contemplates downright incapacity or inability to take
cognizance of and to assume the basic marital obligations. The root
cause of the psychological incapacity must be (a) medically or
clinically identified, (b) alleged in the complaint, (c) sufficiently
proven by experts and (d) clearly explained in the decision.
2. Article 36 of the Family Code requires that the incapacity must
be psychological – not physical, although its manifestations and/or
symptoms may be physical.
3. Expert evidence may be given by qualified psychiatrists and
clinical psychologists.
4. In this case, a clinical psychologist determined, based on
testimony regarding the conduct of defendant, that the latter is
psychologically incapacitated and that the same is  medically or
clinically permanent or incurable, grave enough to bring about the
disability of the party to assume the essential obligations of marriage,
and that the illness itself must have attached at such moment of the
celebration of the marriage, or prior thereto.
5. In Antonio vs. Reyes (G.R. No. 155800, 10 March 2006), the
Supreme Court sustained the nullity of the marriage based on the
psychological incapacity of the wife as concluded by a psychiatrist.
 B. The defendant’s psychological incapacity is grave enough to bring
about the disability of the party to assume the essential obligations of
marriage
1. Article 68 of the Family Code the husband and wife are obliged
to live together, observe mutual love, respect and fidelity, and render
mutual help and support.
2. Due to defendant’s incapacity she is unable to perform her
essential marital obligation of fidelity.
3. Such incapacity is relevant to the assumption of marriage
obligations.
III. Dsf

PRAYER

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

rendered in favor of plaintiff and against defendant by:
1) DECLARING the marriage void ab initio on the basis of psychological
incapacity under Article 36 of the Family Code.
2) ORDERING that plaintiff no longer be required to pay for the support of the
child

Other just and equitable remedies under the circumstances are likewise prayed
for.

Ceby City, December 29, 2017.

(Sgd.) ATTY. REX BELTRAN

Counsel for Plaintiff
Address:
IBP No:
PTR No:
Roll No:
MCLE No