Republic of the Philippines

FIRST JUDICIAL REGION

REGIONAL TRIAL COURT
FAMILY COURT BRANCH ____
Baguio City

Xxxx
Plaintiff,

Civil Case No.

_________
For: Declaration of
Nullity of Marriage

Yyyyyy
Defendant,

COMPLAINT

WITH ALL DUE RESPECT.

Petitioner, through the undersigned counsel, to this Honorable Court,

respectfully states:

1. Petitioner, XXXX, is of legal age, Filipino citizen and a resident of

________________________, where he may be served with summons and
other court processes;

2. Respondent, YYYY, is likewise of legal age, Filipino citizen, and a resident

of __________________, where she may be served with summons and other
court processes;
3. Petitioner XXXX and Respondent YYYY referred herein as (“Parties”)
entered into a contract of marriage on ___________________ at the office
of the Municipal Mayor of ______________, solemnized by then Honorable
_______________________. A copy of their marriage certificate is hereto
attached as Annex “A”;

4. The parties begot one child. A copy of the child’s Certificate of Live Birth is
hereto attached as Annex “B”;

5. Petitioner and Respondent met sometime in ________________ at the

_________________________________, where they were both
____________________. (explain how they became romantic with each
other);

6. The Petitioner and Respondent became romantically involved immediately

after ______________________________. This situation went on for
several occasions;
7. Not long after, their sexual encounters resulted to the respondent getting
pregnant;

8. (explain more what happened during the marriage);

9. Even before their marriage, the Petitioner had observed that the Respondent
displayed eccentricity and irresponsibility to the extent that she oftentimes
would not care for his feelings. However, in the hope that the Respondent
would change once they get married, Petitioner gave in to the pressure of
marrying the Respondent despite not knowing her too well;

10.At the time of the celebration of their marriage, Respondent was suffering
from psychological incapacity and not truly cognitive of her marital
obligations. The facts and circumstances being that:
a. During their relationship before the marriage, YYYY was a “party girl.”
After her shift from work, she often went out with friends to drink until
the wee hours of the nights in various bars in Baguio City. She would
often go out together with her friends to meet new guys;
b. YYYY showed signs of “immaturity and irresponsibility” as a wife and a
mother. She preferred to spend more time with her peers on whom she
squandered her money. Petitioner thought that after they got married,
YYYY will change, and become responsible in handling a married life.
But instead, during their marriage, YYYY continued to have hard drinks
with male companions on the beach or in ____________. She drinks with
male companions at least three times a week. Their children were only
attended to and taken care by the petitioner while the Respondent was
away;
c. Respondent is also an incorrigible liar. Many times during their marriage,
the respondent lied to the Petitioner regularly almost about everything.
Sometime in 2000, the respondent lied about getting a job as an insurance
sales agent. Numerous times, the respondent told the Petitioner that she
was going to work, while in fact, she just went to her parents’ house to
drink and play mahjong with her friends. When the Petitioner confronted
her about the matter, YYYY threw a fit and told him that she wanted to
do anything she likes with her time just like before they got married;
d. Respondent is also too dependent on her father that all her decisions in
life should be in conformity with those of her father’s. Jenny does not
have the ability to decide on her own regarding most of her decisions in
life. Apparently, her decision to marry petitioner was also largely because
her father persuaded her to. Moreover, every time there was something
that the couple had to decide on, she had to consult with her father. This
almost always led to violent arguments between them;
e. Furthermore, although the Petitioner and the Respondent have their own
house, the latter would oftentimes leave their house to stay at her parents’
house for several days because, according to her, she couldn’t sleep
peacefully in their house and that she oftentimes felt suffocated there.
She often left the children in the care of their yayas;
f. During the time they were still living together, Petitioner and Respondent
appeared to be strangers forced to be with each other. Instead of
 becoming a home, their house felt like a prison. They almost never had a
meal as a couple. Respondent never cooked for the Petitioner nor for
their children;
g. When the parents of Jenny immigrated to the United States, she wanted
to go with them, so she always expressed her desire to leave for the
United States. She even expressed her willingness to leave her own
family to be able to go the United States. This also led to frequent
quarrels between them. Finally, she kept her word and left for the United
States with their three children, abandoning the petitioner. They have not
been living together for almost eight (8) years since the Respondent
unceremoniously abandoned their conjugal home sometime in 2004;

11. Petitioner tried everything possible to persuade respondent to change for the
better specially her violent personality so that they could build their family,
live together harmoniously as husband and wife, fulfill their marital vows
and discharge their reciprocal obligation to consummate the essential duties
of their union in order to establish a happy home;

12. However, all such pleas by Petitioner were unheeded as respondent was not
willing to be a wife to him and a mother to their children. Respondent was
not ready to take the responsibilities and was not prepared to live in a
harmonious and peaceful union with Petitioner;

13. Petitioner engaged a clinical psychologist, Dr. Fhely Layogan, who

conducted a psychological evaluation on the ability of respondent to cope
with the essential obligations of marriage. After the evaluation, respondent
was found to be psychologically incapacitated to perform the essential
marital obligations borne from her immaturity, which affected her sense of
rational judgment and responsibility;

14. As found out by clinical Psychologist, Respondent’s behavioral patterns

were affected during his early developmental years where she was raised
and exposed in an unfavorable environment;

15. The psychiatric illness of the defendant is serious and incurable because it
is deeply ingrained in her personality and that such illness originated from
parental over indulgence or over protection especially coming from the
parent of the opposite sex – her father. The fact that her mother was
assigned to work abroad provided the fertile environment for the illness to
develop. The absence of the mother during her developmental years
deprived her of the needed guidance on how to be a good wife. This was
apparent in her married life;

16. These traits reveal her psychological incapacity under Art. 36 of the Family
Code of the Philippines and is more appropriately labelled “Histrionic
Personality Disorder coupled with Dependent Personality Disorder”
associated with severe inadequacy that renders her psychologically
incapacitated to perform the duties and responsibilities of a wife;
 17. The psychological make-up of petitioner and respondent is explained in
greater detail in the Clinical Assessment Report (“Report”) dated 28
December 2013, a copy of which is attached as “ANNEX E”;

18. That the psychological incapacity on the part of the defendant was already
existing and manifest even before the celebration of the marriage, but
Petitioner thought it will disappear during the marriage; however, it
subsisted and got even worse;

19. That said psychological defect or illness is grave, serious and incurable;

20. Petitioner is filing this petition to declare his marriage a nullity. Respondent
showed no concern for her obligation towards her family in violation of Art.
68 of the New Family Code which provides that husband and wife are
obliged to live together, observe mutual love, respect and fidelity and
render mutual help and support. Petitioner is also filing this case under Art.
36 of the same Code as the respondent manifested apparent personality
disorder and psychological dysfunction, i.e. her lack of effective sense of
rational judgment and responsibility by being psychologically immature
and failing to perform her responsibilities as a wife;

21. That the parties did not acquire any property and there are no known
creditors who will be prejudiced by the declaration of nullity of their
marriage should the Honourable court grants this petition, hereto attached
as Certificate of Non-Property, “Annex F”.

PRAYER

WHEREFORE, it is most respectfully prayed that judgment be rendered declaring

the nullity of the marriage of Petitioner with the Respondent pursuant to Article 36,
and the annulment of the same marriage based on Article 45 (5) of the Family
Code of the Philippines.

Other reliefs and equitable under the premises are also prayed for.

August 1, 2020, Baguio City, Philippines.

CAMTUGAN & PARTNERS LAW OFFICES

Rm. 408, Mount Crest Hotel, 1 Legarda Road, 
2600 Baguio City; 074 - 422 - 3479

By:

ALFRED A. DIZON JR
Roll Number: 75720; July 30, 2020
PTR #: 6834313 Date: August 25, 2020
IBP Receipt No 128344; 9-7-2020
MCLE Compliance (New Lawyer)
Email address: mystelltain@gmail.com
Contact # 09178551501
Copy Furnished:
Office of the City Prosecutor (Personal Service)
Justice Hall, 2600 Baguio City

Office of the Solicitor General (Registered Mail)

134 Amorsolo St., Legaspi Village
1129 Makati City, Metro Manila

EXPLANATION
A copy of the foregoing PETITION was sent through registered mail to the
office of the Solicitor General due to the distance, and manpower constraints.