Galita, Chloe Anne Sy

Student No.: 17-167510

PRACTICE COURT I
Civil Case

Topic: Annulment of Marriage

Cognizable by: Regional Trial
Court Pleadings Attached:

1. Petition for Annulment of Marriage

a. Marriage License as Annex “A”
b. Psychological Report as Annex “B”

2. Answer with Counter Claim

a. Certificate of Live Birth as Annex “A”
b. Two (2) Affidavits of Witness as Annexes “B” and “C”,
respectively;

REPUBLIC OF THE PHILIPPINES

 REGIONAL TRIAL COURT
BRANCH 5
CITY OF MALOLOS

Pedro Castro
Petitioner,

-versus- Civil Case No. 17-3019

For: Annulment of Marriage
Maria Castro
Respondent,
x- - - - - - - - - - - - - - - - - - - - - - - - - x

PETITION

COMES NOW petitioner, through the undersigned counsel and to this Honorable
Court, respectfully alleges:

1. That petitioner Pedro Castro is of legal age, married, Filipino and

resident of 123 Madlangbayan, Malolos, Bulacan;

2. That respondent Maria Santos is likewise of legal age, married, Filipino

and presently residing at 321 Bayangmadla, Malolos, Bulacan;

3. That petitioner and respondent celebrated their marriage on January 12,

1998 before the Parish Church of San Isidro, Malolos, Bulacan, certified true copy
of their Marriage Certificate is attached and made integral part hereof as Annex
“A”;

5. That petitioner met the respondent sometime in 1994 when they

were introduced to each other by a common friend. At the time, respondent
was already scheduled to work abroad as a seaman. Nonetheless, courting
between them ensued and their romance eventually headed up in marriage
before the priest of the Parich Church of San Isidro. They never had a
honeymoon nor sexual intercourse;
6. That when petitioner left for his employment abroad, herein
respondent bore a son in the name of Jericho Castro. Because of this
shocking revelation, petitioner never lived with Maria upon his return to the
Philippines. However, Maria insists that is was his child and in order to
avoid being ridiculed, he should just continue to support her and the child;

7. That petitioner also found out through the admission of one of

their closest friends, that in his absence, Maria has been cohabiting with
another man in Bohol in the name of Cresencio D. Puno;

8. That petitioner met with Maria to tell her that he already knows
of her infidelity and that he would like to cease from giving them support
but Maria, still insisting that the child was his, became furious and slapped
and punched him several times that his gums bled; that it was his
responsibility to support her, being breadwinner of the family;

9. That in addition to this infidelity, petitioner found out that

Maria:

c. is a compulsive gambler;

d. resorts to drug and alcohol abuse during his absence and using
the money he regularly sends her;

f. would fight with him even for the smallest things though
not due to the fault of the petitioner, and frequently, the
respondent would always apologize to the petitioner, but later
on, she will repeat her quarrelsome and troublesome ways;

h. she prefers to hang out with friends instead of being with the
child;

8. That the petitioner already gave up on the respondent after trying to give
all her efforts to save their marriage. Thus, as shown in the foregoing, she is
not cognitive to and psychologically incapable of performing, her 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 her 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 her 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:

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 Philippine Statistics

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

Petitioner prays for such other relief he may be entitled to in the premises.
 City of Malolos, November 2, 2020. ABC Law Offices

Atty. Chloe Sy Galita

Commission Serial No. 167823
Until December 31, 2025
Roll of Attorney 98765
IBP. No.1111/January 1, 2020/Manila
P.T.R. No. 6754/January 1, 2020
Roll No. 2256

VERIFICATION-CERTIFICATION
ON NON-FORUM SHOPPING

I, Pedro Castro, of legal age, Filipino citizen, 123 Madlangbayan, Malolos,

Bulacan, after having been sworn to in accordance with law, depose and say:

1. That I am the petitioner in the above-entitled case;

2. That I caused the preparation and filing of the foregoing Petition;

3. That all the allegations therein are true and correct of my own knowledge and
based on authentic records;

4. That I hereby certify under oath that I have not heretofore commenced any
other action or proceeding involving the same issues in the Supreme Court,
Court of Appeals or any other tribunal or agency, and that to the best of my
knowledge, there is no other action or proceeding, which is pending before
this Honorable Court, Court of Appeals, Supreme Court or any other tribunal
or agency involving the same parties and the same issues, and that if I learn
hereafter that there are other proceedings pending before this Honorable Court,
or any other tribunal or agency, I hereby undertake to report that fact within
five (5) days therefrom to this Honorable Court.
 Malolos, Philippines, November 2, 2020.

_____________
Pedro Castro
Affiant

SUBSCRIBED AND SWORN to before me this 2 nd day of November,

2020 at Malolos. Affiant exhibited to me his Passport No. 98765 issued at
Manila.

Atty. Anne Galita

Commission
Serial No. 98765
Until December 31, 2022
Roll of Attorney 56473
IBP. No.2222/January 1, 2020/Manila
P.T.R. No. 2223/January 1, 2020
Roll No. 2256

Page No. 7
Book No. 2
Series of 2020
ANNEX “A”
 ANNEX “B”

PEDRO CASTRO

Male
Married

September 29, 2020

October 1, 2020

Maria Santos

Female
Married

September 29, 2020

October 1, 2020

The respondent, Mrs. Maria Santos, was referred by Atty. Anne Galita to determine
whether she is psychologically capable of carrying out the ordinary and essential
obbligations of marital state. The petitioner is filing for an action for declaration of
nullity of marriage against her. The respondent acceded to the invitation and went to
the clinic on the above mentioned dates.

This clinic confirms petitioner’s beliefs on Maria’s psychological incapacity. She is

hereby diagnosed with Narcissistic Personality Disorder, that is characterized by a
heightened sense of self-importance and grandiose feelings that he is unique in some
way.

We have also determined that this personality disorder is permanent, incurable, and
deeply integrated within his psyche; and that it was present but repressed at the time
of the celebration of the marriage and the onset was in early adulthood. Her
maladaptive and irresponsible behaviors interfered in his capacity to provide mutual
love, fidelity, respect, mutual help, and support to his husband.
 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
BRANCH 5
CITY OF MALOLOS

Pedro Castro
Petitioner,

-versus- Civil Case No. 17-3019

For: Annulment of Marriage
Maria Castro
Respondent,
x- - - - - - - - - - - - - - - - - - - - - - - - - x

ANSWER WITH COUNTERCLAIM

Defendant, through the undersigned counsel, most respectfully files

her Answer in response to the Complaint of the Plaintiff and interpose as

well as her counterclaim against the latter, to wit:

ADMISSIONS AND DENIALS

1. Paragraphs 1, 2 and 3 are admitted;

 2. Paragraph 4 is partially admitted, in so far as the absence of

honeymoon is concerned. However, they did have a sexual intercourse even

before the date of the wedding;

3. Paragraph 5 is denied insofar as the allegations that Plaintiff never

lived with respondent is concerned. Petitioner went straight home to her in their

conjugal home in Malolos City, as he acknowledges that the child is his. As

evidenced also by the Certificate of Live Birth where he is named as the father,

hereby attached as Annex “A”. But, after a few months and for unknown

reasons, he decided to cease from giving support;

4. Paragraphs 7 and 8 is also vehemently denied in so far as the

respondent’s alleged infidelity with a man in Bohol. Defendant never went to

Bohol. That while petitioner did meet with herein respondent, it was to tell her

that he has found someone new and decided to leave her, hence, the injuries;

5. Paragraph 9a, b , c and d is hereby denied as defendant was an

utterly responsible mother to the child as testified by her neighbors in the

conjugal home. The written testimonies of two of the said neighbors, Arlita
Perez and Jannette Cruz, are hereby attached and made and integral part of this

document, and marked as Annexes B and A, respectively;

6. The allegation in paragraph 8 is also denied as the same is an

erroneous conclusion made by Plaintiff;

Affirmative and Special Defenses

7. The Petition filed by Plaintiff is nothing but a malicious lawsuit

calculated to guilt-trip respondent into letting plaintiff cohabitate with the

apparent another woman whose name is still unknown to her because

petitioner allegedly does not want her to make a scandal;

8. It was plaintiff who is irresponsible in his financial matters, that he

would rather let his child starve than to give up his excessive and habitual

drinking of liquor, both while overseas and at home;

PRAYER

WHEREFORE, in view of the foregoing, Defendant most respectfully

prays for the dismissal of the petition and the award to her of the rightful

support. Other reliefs are likewise prayed for.

EXPLANATION

Copy of this pleading was sent to the opposing counsel through registered mail

as personal service is impracticable.

Malolos City, November 4, 2020.

Atty. Chloe Sy Galita

PEREZ

L A W F I R M

Counsel for Defendant

Unit 3E XYZ Building
335 Capitol View 1108
Malolos City, Bulacan

SCARLET PEREZ
PTR No. 3212580 / 01-06-2010
/
Quezon City IBP LRN
02224 / 1-16-2001 /
Caloocan City
Copy Furnished: Roll of Attorneys 98763 MCLE
Compliance no. III-87323
ABC Law Offices
Unit 211, GHJ Commercial Building
Malolos City, Bulacan
 ANNEX “A”

ANNEX B
 AFFIDAVIT

REPUBLIC OF THE PHILIPPINES ) s.s.

City of Malolos

I, Arlita Perez, of legal age, sing/married, residing at 320 Bayangmadla,

Malolos, Bulacan, after being sworn in accordance with law, depose and say
that:

1. I am a neighbor of Maria Santos, the respondent in Civil Case

17-3019;

2. I am aware and understand all the duties, responsibilities and

accountability to be imposed upon me the moment I decide to
testify in favor of such Maria Santos;

3. I attest to the truth, accuracy and genuineness of all the

information and records contained in this affidavit and that I
shall be liable for any misrepresentation, fraudulent declaration
and all its consequences;

4. I know Maria Santos to be a very responsible mother and wife;

5. I am assured of the same as she was the one who let me and my
two kids stay in her residence when our family’s house was
accidentally set on fire;

6. During such time we stayed with her, I have noticed that she
monitors her child very well and keeps her fed and safe, and at
the same time also catering to us and my kids;

7. During also the said time, which is about three to four months, I
have never seen her purchase or drink liquor, nor involved in
any gambling activities, contrary to what is being imputed upon
her in the present civil case;

8. I am executing this affidavit as a proof of good faith;

IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of

October 2020 in Malolos City

Arlita Perez
 SUBSCRIBED AND SWORN to before me this 29th day of
October, 2020 at Malolos. Affiant exhibited to me her Passport No.
87635 issued at Manila.

Atty. Jamie Galuz

Commission Serial No. 76937

Until December 31, 2023
Roll of Attorney 56443
IBP. No.2222/January 1, 2009/Manila
P.T.R. No. 2223/January 1, 20119
Roll No. 2246
Doc. No. 42
Page No. 8
Book No. 3
Series of 2020

ANNEX “C”

AFFIDAVIT

REPUBLIC OF THE PHILIPPINES ) s.s.

City of Malolos
 I, Jannette Cruz, of legal age, sing/married, residing at 319 Bayangmadla,
Malolos, Bulacan, after being sworn in accordance with law, depose and say
that:

1. I am a neighbor of Maria Santos, the respondent in Civil Case

17-3019;

2. I am aware and understand all the duties, responsibilities and

accountability to be imposed upon me the moment I decide to
testify in favor of such Maria Santos;

3. I attest to the truth, accuracy and genuineness of all the

information and records contained in this affidavit and that I
shall be liable for any misrepresentation, fraudulent declaration
and all its consequences;

4. I know Maria Santos to be a very responsible mother and wife;

5. I am assured of the same as we usually do household laundry

for compensation;

6. Whenever we go out to do people’s laundry, she would always

bring her child with her as no one will be left in the house to
take care of the child;

7. She would always see to it that her child is safe even if it means
doing the double effort of tending to her child and doing the
laundry;

8. After every laundry work, she would go to the public market to

purchase basic necessities and, whenever she is able, buy a toy
for the child;

9. I have never seen her spend the small stipend we earn in any
gambling activities or drinking addiction, contrary to what is
being imputed upon her in the present civil case;

10. I am executing this affidavit as a proof of good faith;

IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of

October 2020 in Malolos City
 Jannette Cruz

SUBSCRIBED AND SWORN to before me this 29th day of

October, 2020 at Malolos. Affiant exhibited to me her Passport No.
87635 issued at Manila.

Atty. Jamie Galuz

Commission Serial No. 76937

Until December 31, 2023
Roll of Attorney 56443
IBP. No.2222/January 1, 2009/Manila
P.T.R. No. 2223/January 1, 20119
Roll No. 2246

Doc. No. 43
Page No. 8
Book No. 3
Series of 2020