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Republic of the Philippines

REGIONAL TRIAL COURT
11th Judicial Region
Branch ____, Davao City
-oOo-

xxx,
Petitioner, CASE No. _______

-versus- FOR: Declaration of Nullity of

Marriage, Art. 36 of the

Family Code
xxx,
Respondent
x-------------------------------------x

PETITION

PETITIONER, by the undersigned counsel, unto this Honorable

Court, respectfully states that:

1. Petitioner, xxx 39 years of age, Filipino, married, and with

residence address at xxx, Davao City. He has been a resident of the
aforementioned address for one and a half year as evidenced by a Certificate
of Residency with house location sketch issued by the Barangay as ANNEX
“A Series”. Further, the undersigned counsel has personally verified the
petitioner’s residency and that the petitioner has been residing thereat for at
least six (6) months prior to the filing of petition as evidenced by the Sworn
Statement of the undersigned counsel hereto attached as ANNEX “B” and
made an integral part hereof. Also attached herewith as evidence of his
residency are utility bills or lease contract or IDs bearing the aforesaid
address as ANNEX“C Series” and made an integral part hereof;

2. Respondent, xxxx, on the other hand, is of legal age, a formerly

Filipino Citizen now a citizen of the United States of America, married, and
presently residing at xxx, California, USA, where she may be served with
summons and other court processes.
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3. Petitioner and respondent are husband and wife, respectively,

having been legally married on May 10, 2003at ,as evidenced by their
Marriage Certificate, a copy of which is hereto attached as ANNEX “D”
and made an integral part hereof.

3.1 That out of their marriage Petitioner and respondent bore two
children – xx, both minors whose Certificates of Live Birth are hereto
attached as ANNEX “E” and “F”, respectively.

3.2 The parties during their marriage, were able to buy a second
hand vehicle (Toyota Pick-up) with a value of ONE HUNDRED
THOUSAND PESOS (P100,000.00) and no other properties between them.
However, the parties have not incur any outstanding indebtedness. Hereto
attached is a copy of the Certificate of Registration and Official Receipt of
the said vehicle as ANNEX “G Series”and all made an integral part of this
petition.

4. It is worthy to note that the petitioner had a family history of

psychiatric illness: with his grandfather on the maternal side having
symptoms of schizophrenia and his maternal aunt being diagnosed as well
with schizophrenia. His siblings also were diagnosed with schizophrenia and
major depressive disorder. Now, prior to, during, and subsequent to the
celebration of their marriage, petitioner is psychologically incapacitated to
comprehend and assume the essential obligations of marriage as will be
narrated hereunder:

5. It was in the year 2002 when petitioner first saw respondent.

Petitioner and the respondent’s family came from the same congregation so
when respondent and her family came to the Philippines for a vacation,
petitioner accompanied his father to fetch them from the airport;

6. But before seeing them at the airport, petitioner do not know

anything about the respondent nor her family – all he knew is that they were
going to fetch some important people from their church.Little did he know
that the people around them were already pairing them up;

7. Upon their arrival at the Davao Airport, petitioner was introduced

to respondent who was very charming and outgoing while the former was
shy and timid. Moreover, petitioner just came from a bad break up and was
constantly depressed. Respondent tried talking with petitioner on their way
to Kabacan, North Cotabato, but his nervousness got the better of him;
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8. When they reached Kabacan, petitioner and respondent went on

their separate ways, with the latter busy in meeting and visiting her relatives.
However, every people in their congregation is so determined to have the
petitioner and respondent pair up that some trips and outings were conducted
for them to meet up. At that time, petitioner was slowly catching up to the
plan of the congregation as their pastors would often mention to the
petitioner out of the blue how beautiful and kind the respondent is.
Gradually, petitioner began to see the respondent in a whole new light – as a
possible partner;

9. One day, respondent’s family came to petitioner’s house for a visit.

The latter’s father woke him from his nap to entertain the respondent. It was
the time when petitioner and respondent got to know each other. From that
time on and the days after, petitioner would often accompany the respondent
where ever she goes;

10. On a trip to University of Southern Mindanao (USM), petitioner

and respondent shared their first kiss and there, respondent told petitioner
that she will return to the Philippines if she have someone to come home to.
At that time, petitioner was not ready to commit to a relationship as he just
came from a bad break up. But he liked the thought of having a girlfriend
and the comfort it brings that he agreed to become the boyfriend of the
respondent although they only knew each other only for a couple of days;

11. It was a whirlwind romance – with the petitioner becoming

distracted from his woes. The petitioner and the respondent continued to
spend time with each other and soon thereafter, respondent went back to the
United States of America. While there, the two communicated through
letters and professed their love to each other;

12. However, it was not all romance and roses at that time. While the
respondent is away, Petitioner developed anxiety in 2002. He had been
having anxiety symptoms and paranoia before as a result of having sexual
intercourse with a prostitute. He always had the thought that he was inflicted
with AIDS and the paranoia got the better of him that he would often had
thoughts and dreams of dying because of AIDS;

13. Now, petitioner, in his desire to lead a normal life and thinking
that he would not find another woman who would accept his flaws like the
respondent, decided to take the impulsive relationship to the next level. He
also thought of his future – that he would find greener pastures in the United
States of America and with marrying respondent, petitioner can easily
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migrate to America. With his parent’s and the members of the

congregation’sinsistent prodding, petitioner decided to propose to the
respondent who quickly responded yes;

14. Thus, less than year after they have first laid eyes on each other,
respondent came back to the Philippines and wed herein petitioner before the
members of their congregation (Church of God). As borne by the events,
prior to and during their marriage, the parties’ decision to get married was
not a product of a long and laborious planning and consideration because
they never got to seriously know each other, as in fact, they had been in
boyfriend and girlfriend relationship for only a few months and eventually
decided to get married. Truth to tell, petitioner and respondent hardly knew
each other on a mature level. Petitioner was never prepared emotionally and
psychologically to enter into a lifetime commitment of mutual respect,
support and love for each other. He only married the respondent for
convenience and to fulfill his desire to migrate to the US;

15. Immediately right after the wedding, the respondent left so as to

process the visa of the petitioner with the plan that the latter would follow
her back to the US;

16. But four (4) months prior to the departure, the petitioner happened
to bump into his ex-girlfriend. Petitioner suddenly forgot that he has a wife
and their first meeting were followed by more clandestine meet ups and
dates. Petitioner and his ex-girlfriend had a healthy sexual relationship
unbeknownst to his wife;

17. Now petitioner dreaded to go to the United States and when he

arrived there, his anxiety grew and he became depressed.He continued to
have an affair with his ex-girlfriend, although this time through emails and
chats only. He would pretend to be loving and happy with his new wife
while itching to get back to his computer so he can chat with his ex-
girlfriend;

18. Three (3) years into their marriage, the couple had a baby boy.
Petitioner thought that this would fill the void and emptiness he was feeling
but he was wrong. His family was not enough and he craved for more.
Shortly, he became involved again with another woman (a friend from the
Philippines) who was already married and had also migrated to the United
States. He would court and woo the said woman through chats and as usual
he would found happiness through his computer. He was also at the same
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time, still involved with is ex-girlfriend back here in the Philippines – in

short, he was juggling the attention of three different woman and he loved it;

19. Petitioner was also involved with different woman who would
seem to temporarily fill in the void he was feeling but still he would feel
depress and anxious. Petitioner also was not able to hold on to a job and
would continuously hop from one job to another, as he could not get along
with his workmates.He also felt he had no goals to achieved for him and his
family. At that time, the respondent was the one who was primarily the one
who pay all their bills and put food on the table. In 2006, he was diagnosed
again with Depression and Anxiety and was taking anti-depressant
medications;

20. In 2008, the couple had another child, this time a baby girl.
Petitioner then promised that he would straighten his acts and cut off his
communication with other woman. For a while, everything was okay. But
when he came back for a short visit here in the Philippines in 2010,
petitioner went back to his old philandering ways;

21. He again had an illicit affair with his ex-girlfriend and other
women before returning back to the United States;

22. His depression became worse that even with anti-depressant

medications, petitioner would lash out to the respondent and would even hit
her numerous times out of frustration;

23. His only solace was his computer where he could have his illicit
affairs with women through chats and emails. His computer became his
lifeline to his imaginary world where he could become whatever he wants –
especially an unattached man;

24. He needed other women to bolster his ego. Having numerous

affairs where women would show him affection and admiration made him
feel like a man and somehow alleviate his depression. This wrecked and
caused great havoc upon his marriage with the respondent and their family;

25. Last 2017, petitioner came back to the Philippines as he could no

longer bear the depression and anxiety he was going through in the United
States. Truth be told, he could no longer bear to be with the respondent as
the thought of being married and attached to her made him depressed. He
contemplated committing suicide numerous times while he was in the US
with the respondent;
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26. His marriage to the respondent was a complete sham from the
beginning as he was rushed into a decision of marriage because of his desire
to fulfill his selfish desire for normalcy;

27. During their marriage union, the parties experienced a lot of

marriage quandaries and mounting marital rifts due to the following reasons:

a. Petitioner’s extensive infidelity;

b. Severe depression and anxiety;
c. His inability to hold on to a job because of his attitude;

28. Based on the facts above, petitioner is now convinced that it is

healthier for the parties to sever their marital relationship;

29. From the foregoing, the instability of the parties’ marriage

became more pronounced. Petitioner thus reached the stage where he wants
to correct a mistake that he made and live a peaceful life thereafter. He files
this instant Petition on the ground of psychological incapacity. Thus, he
opted to consult his lawyer and seek for psychological evaluation;

30. Based on the Psychiatric Evaluation Report of clinical

psychiatrist and physician, Kieren Paulino M. Obed Jr., M.D., Psychiatrist,
the following revealed as conclusion:

“Brief Discussion of the Case:

xxx

The petitioner (husband) in this case is diagnosed to have a

Narcissistic Personality Disorder. People with Narcissistic Personality
Disorder have a pervasive pattern of grandiosity, need for admiration
and lack of empathy, beginning early adulthood and present in a
variety of contexts. Xxx This kind of behavior was frequently shown
by the petitioner in his exploits to different women in his life. He
manipulated women in his life to gain personal profit. He married the
respondent in order to make it easier for him to go to the United
States. He also had a history of having women as his own personal
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trophy. Clinically, this kind of disorder is chronic and difficult to treat

because patients must renounce their narcissism to make progress.

The petitioner is also diagnosed with Major Depressive Disorder.

Xxx Accordingly, he had symptoms of depressed mood, loss of
interest in daily activities, insomnia, loss of energy, feelings of
worthlessness, diminished ability to think and concentrate and
recurrent suicidal ideations as well.

Conclusion:

Basing on the informations (sic) gathered, there is sufficient

evidence that the petitioner is psychologically incapacitated.

The gravity of this type of psychiatric disorder is severe. This is

severe because the individual with this kind of disorder will have
problems in fulfilling the duties and obligations as a partner. In this
case, the petition will have a behavior that will cause impairment in
the fulfillment of his duties and obligations as a husband.

The psychological incapacity of the petitioner was already present

even prior to his marriage to the respondent. The petitioner was noted
to have a history of philandering even before he was married to the
respondent.

Most individuals with this kind of personality disorder doesn’t

acknowledge that they are psychologically incapacitated. They would
not submit themselves for psychiatric/psychological intervention or
treatment. Thus, this type of psychiatric disorder is not curable.” 

31. A copy of the mentioned Psychiatric Evaluation Report of the

petitioner herein is hereto attached as ANNEX “H” and made an integral
part hereof. A copy of Professional Profile of clinical psychiatrist and
physician, KierenPaulino M. Obed Jr., MD,Psychiatrist is hereto attached as
ANNEX “I” and made an integral part hereof.

32. In his report, Dr. Obed, thus concluded that the grave
psychological incapacity of petitioner, xxx,to comply with the essential
marital obligation- which stem from his personality disorders and which
existed before marriage- are permanent and incurable. Petitioner’s
narcissistic personality and major depressive disorders are deeply ingrained
and are therefore, unchangeable. It is further concluded that the root causes
of his personality disorders can be traced back to his developmental years,
which have been existing before the marriage and were explicitly manifested
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during their marriage. These disorders are deeply rooted in his personality
structures, and are serious and incurable in nature.

33. It cannot be overemphasized that reconciliation between the

parties is highly improbable, if not impossible. As they have significant or
valuable real and personal properties acquired during their marriage such as
the following: A second hand vehicle and 4.9 hectare-agri-property, the
same should be judicially partitioned after the outstanding indebtedness of
the family have been deducted.

34. It is thus submitted that it is to the best interest of the parties to

be allowed to live separate lives and their marriage be dissolved due to
petitioner’s psychological incapacity. Petitioner and the respondent as well
should be released from the bonds of marriage that never thrived and
evolved as a loving and healthy marital relationship.

35. As the preceding paragraphs have illustrated, it is clear that the

petitioner is unable to understand and discharge his obligations to observe
mutual love, respect, support and fidelity within the framework of a
mutually loving marital relationship. By reason of psychological incapacity
of petitioner, the marriage between the petitioner and the respondent is, by
law, null and void.

PRAYER

WHEREFORE, it is respectfully prayed of this Honorable Court

that:

a. a decree be issued declaring the parties’ marriage void ab

initio on the ground of psychological incapacity of petitioner
xxx with all the legal consequences thereof including the
partition of the spouses’ community property; and

b. an Order be issued directing the National Statistics Office

and/ or the Davao City Civil Registrar to annotate the Decision
of this Honorable Court in the parties’ Certificate of Marriage
with date of marriage indicated as May 10, 2003.

Other reliefs, just and equitable under the premises are likewise
prayed for.

Davao City, ____ of _________________, 2019.

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Carpio, Zerna - Lei Law Firm

Mahipus Bldg., Sputnik St., Doña VicentaSubd.,
Jacinto Extension, Davao City
Tel. No. (082) 224-4488
Counsel for the Petitioner

By:

ATTY. ADELAINE FAITH ZERNA

Roll No. 61832
PTR No. 1731735; 1-3-19
IBP No. 061696; 12-15-18
MCLE Compliance No. VI-0009841; 6-7-18
CarpioZerna-Lei Law Firm
Mahipus Bldg., Sputnik St., Dona VicentaSubd.,
Jacinto Extension, Davao City
Tel. No. (082) 224-4488

Copy furnished:

Office of the Solicitor General (By Registered Mail)

134 Amorsolo Street, Legaspi Village, Makati City

EXPLANATION

Copy of the foregoing Petition was furnished to the Office of the

Solicitor General by registered mail due to the distance and lack of
personnel to cause personal service.

REPUBLIC OF THE PHILIPPINES)

C I T Y O F D A V A O )S.S.
*********************************

VERIFICATION AND CERTIFICATION

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I, xxxxxxxxxxxx, of legal age, Filipino, married and resident of

Davao City, Philippines, after having been sworn to in accordance with law,
depose and say that:

I am the Petitioner in the above-entitled Petition and as such I have

caused the preparation of the foregoing Petition, have read and understood
the contents hereof and that the allegations herein are true and correct based
on our own personal knowledge and authentic records.

I hereby certify that I have not commenced any other action or

proceeding involving the same issues in the Supreme Court, in the Court of
Appeals or in other tribunal or agency, and that to the best of myknowledge,
no such action or proceeding is pending before the Supreme Court, the Court
of Appeals or different divisions thereof, or in any other tribunal or agency.

If I should learn thereafter of the same, I undertake to report the same

to the aforesaid courts and such other tribunal or agency within five (5) days
therefrom.

IN WITNESS WHEREOF, we have hereunto set our hands this

______________ at Davao City, Philippines.

Xxxxxxxxxx
Petitioner

SUBSCRIBED AND SWORN TO before me this _______________

at Davao City, Philippines, affiant exhibiting to me their proof of
identification mentioned above.

Doc. no. _____;

Page no. _____;
Book no. _____;
Series of 2019.