REPUBLIC OF THE PHILIPPINES

6th Judicial Region

REGIONAL TRIAL COURT
Branch 3
Kalibo, Aklan

_______________________
Petitioner,

Civil Case No. ______

-versus- For: Declaration of Nullity of Marriage

________________________,
Respondent.
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PETITION

COMES NOW, the Petitioner, by the undersigned counsel, unto

this Honorable Court, most respectfully alleges that:

1. Petitioner _____________________________ is of legal age,

Filipino and with residence address at
_______________________, while respondent
_____________________ is likewise Filipino, of legal age and
with residence address at ______________________;

2. That parties have the capacity to sue and be sued and may
be served with summons and other court processes at their
respective addresses mentioned above;

3. Petitioner and respondents are husband and wife having

contracted marriage on ________________________ at
_______________________________, solemnized by the
Honorable Judge _________________, the then Presiding
Judge of _______________________. Copy of the Certificate
of Marriage is hereto attached as Annex “A” and made an
integral part hereof;

4. The parties, not having entered into any agreement relating

to their property relations before marriage, is governed by
the absolute community of property as provided by the Family
Code of the Philippines;

5. The parties were blessed with two children,

________________, 9 years old, born on December 2, 2002,
and ________________________, 6 years old, born on June
8. 2005. ___________ is presently in the custody and care of
the Respondent, while _________________ is with the
Petitioner. Copies of the Certificates of Live Birth of the two
children are hereto attached as Annexes “B” and “C” and
made an integral part hereof;

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6. Prior to the marriage of the parties, they had already started
living together as husband and wife and had their first born,
___________________;

7. The Petitioner and respondent came to know each other when

they were introduced to each other by a common friend
sometime in the year 2001 while both were still in college;

8. They became sweethearts on August 24, 2001 and eventually

they engaged in pre-marital sex which resulted to the
conception of their first child, _________________, in 2002,
a month after she finished her college;

9. When the Petitioner’s parents came to know of her

pregnancy, Petitioner was berated. Thus, on the following
night, Petitioner was fetched by the Respondent and she
stowed away with him. They lived at the house of
respondent’s mother in ________________________ Aklan.
Respondent’s mother was then living abroad and they
depended on the financial assistance being sent by her as
__________________ was still unemployed;

10. Sometime in the same year of 2002, the respondent’s

mother arrived in the country and gave the parties a small
nipa hut which was constructed for them in Brgy.
___________________________ Aklan. It was during this
time then that the respondent demonstrated behavioural
patterns which showed his immaturity and irresponsibility. He
would always leave the petitioner alone in their house and
stay out late at night despite the fact that the petitioner was
pregnant. When reminded of his responsibilities as a husband,
he would immediately hit her without regard to the fact that
she was pregnant;

11. When their quarrels became frequent, to the point that it

became the norm rather than the exception in their daily life,
the petitioner decided to go back to her parents in
________________, Aklan. It was during this separation that
petitioner gave birth to their first child ______________;

12. After the Petitioner gave birth to ___________________,

the respondent came to her and begged for forgiveness and
convinced her to reconcile with him. Convinced of his
sincerity, petitioner forgave him and agreed to live with him
again in Brgy. __________________________, Aklan;

13. When the respondent finished his college degree, he went

to Manila for his training and apprenticeship at
_______________________. While he was there, petitioner
would call him by phone but, more often than not, he never
answered it. His excuse for not answering calls and not even
sending messages was that they were not allowed to use the
mobile phones inside the vessel. When he calls, he only
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 wanted to talk to his son and refused to talk to the Petitioner.
Petitioner endured this apparent cold treatment until one day,
the respondent came home and they had a quarrel wherein,
once again, respondent hit the petitioner. This incident
caused the Petitioner to pack up her things and that of her
son and went home to her parents;

14. Sometime in January 2004, however, respondent sought

the petitioner’s forgiveness and once more, respondent
pleaded for their reconciliation. He promised that he will
change and that he will be a good father and husband
already. Wanting to give him another chance, petitioner
forgave the respondent and agreed to live with him again
over and above the vehement objection of her parents. Thus,
on May 31, 2004, petitioner and respondent got married;

15. After the wedding, petitioner thought that the respondent

will already change his behaviour toward his family, that he
will be mindful of his obligation as a husband and a father.
Unfortunately, petitioners hope turned to be a wishful
thinking only because after a few weeks only, respondent
began to act irresponsibly again. He always went out with his
friends and came back home only either late at night or early
morning already of the following day. He acted as if he had no
family to mind. He never consulted the petitioner of his plans
and simply went on with whatever came to his mind. He was
indifferent to the opinion and feelings of the petitioner. In all
his actions, petitioner was never considered by the
respondent;

16. The final blow which broke the horse’s back was when the
petitioner got pregnant of their second child and when she
was about to deliver the baby, ______________, on June 8,
2005, the respondent was nowhere to be found. While on
labor, the petitioner tried to contact the respondent by calling
and sending him text messages informing him that she was
on labor and needed the respondent’s help to bring her to the
hospital. Sadly, the respondent simply did not care. He
ignored the petitioner’s calls and text messages. The
petitioner almost died when she delivered their second child
but the respondent never bothered to care. She was not
brought to the hospital and, instead, she gave birth to their
second child in their house in
__________________________, Aklan. It was the
respondent’s grandmother and a helper who helped her by
calling for a “hilot”. Petitioner also asked for the help of her
parents who then brought a midwife to assist her. All the
while the respondent was partying somewhere in
________________________ with his family and his
Australian stepfather;

17. Feeling totally abandoned, devastated and frustrated with

the respondent’s continued indifference to his marital duties
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 and obligations, the petitioner decided to separate from the
respondent sometime in February 2006;

18. Just about after eight (8) months of separation, the

petitioner came to know that the respondent brought a
mistress to their house in __________________, Aklan;

19. Until the present, petitioner and respondent had been

living separately from each other. No further conciliation
happened because the respondent proved to be unable to
grasp the concept of marriage and the duties and obligation
accompanying such kind of relationship. He was given with a
lot of chances by the petitioner to change his behaviour but
apparently the same could never be changed as it is already
within the respondent’s system;

20. Viewed from the foregoing, it is very clear that he

respondent, at the time of their marriage and for some time
prior thereto, was psychologically incapacitated to comply
with his essential marital obligations stated under Article 67
of the Family Code of the Philippines, which incapacity
became known and manifest only after the celebration of their
marriage;

21. The manifestations, and therefore, the root causes of

respondent’s psychological incapacity which became more
pronounced as time passed, thereby rendering him unfit to
perform his essential marital obligations incumbent upon him
are clearly explained in the Psychological Assessment Report
of Spouses ______________ and ___________________
prepared by Ms. ____________________, a Clinical
Psychologist of _____________________, copy of which is
hereto attached as Annex “D” and made an integral part
hereof;

22. The marriage between the petitioner and respondent

should therefore be declared null and void due to
respondent’s psychological incapacity as defined under Article
36 of the Family Code of the Philippines;

23. Due to financial constraints, petitioner and respondent

were not able to acquire conjugal property;

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable

Court taht after due notice and hearing, a JUDGMENT be rendered
declaring the marriage between the petitioner and respondent VOID
AB INITIO by reason of respondent’s psychological incapacity as
defined under Article 36 of the Family Code.

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 Other relief just and equitable under the foregoing premises are
likewise prayed for.

Kalibo, Aklan, Philippines. April 19, 2012.