Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Dasmarinas City
Branch 001

MAUREEN EUNICE GONZALES,

Petitioner,

- Versus - Civil Case No.0001

For: Declaration of Nullity of Marriage

RIZALDY GONZALES
Respondent.
X-------------------------X

PETITION

COMES NOW petitioner, by the undersigned counsel and unto this Honorable Court,
most respectfully alleges:

01. Petitioner is of legal age, Filipino citizen and a resident of Block 1 Lot 2 Cypress St.,
Canlubang, Calamba, Laguna while respondent is likewise of legal age, Filipino
citizen and a resident of No.1 Caloocan St., Gapan Nueva Ecija where he may be
served with summons, orders and other legal processes of this Honorable Court;

02. Petitioner and respondent are husband and wife, having been legally married on July
5, 2003 at Sto Nino Parish Shrine, Batong Paluway, Puerto Prinsesa Palawan, a copy
of their marriage certificate is hereto attached as Annex “A”;

03. A child was born in wedlock, Rodrigo Gonzales, aged 19 years old, a copy of his
Certificate of Live Birth is hereto attached as Annex “B”;

04. In retrospect petitioner and respondent were childhood in high school at PNAC
Agricultural Science High School and became childhood sweethearts thereafter.

05. They separated for some time and in 2002 they met again and the petitioner got
pregnant, thus they got married in July 5, 2003.

06. Unprepared to face the rigors of married life and with no visible means of livelihood,
their first month of being married was marred by frequent fights and disagreements
and fights about women for respondents had been found to be a womanizer as
reported by some of his friends.

07. After few months, petitioner gave birth to a son, Rodrigo Gonzales. Petitioner
withdrew the rest of her savings and used it to pay her childbirth for his husband
couldn’t provide. There were times they couldn’t afford some things but the
respondent can provide for his vices for his friends.

08. Respondent decided to move to Nueva Ecija to work there. They tried to get back
together but they never really got along. Their fights intensified and respondent said
that the he regretted and he married the petitioner. Petitioner received complaints
even when taking care of the respondents when he is sick saying that she couldn't
pass up his mother's care for him. Petitioner lost a lot of weight there so she went
home to Palawan after they agreed to separate.

09. Respondent kept on changing female partners when petitioner went abroad to provide
for their son but petitioner didn’t finish her contract abroad and went back to the
 Philippines. Respondents and petitioner got back together but they didn't stay together
for long because petitioner kept on running away his responsibility.

10. Respondent always complains about simple things like not being able to buy new
clothes, or when a month's salary is spent on household necessities but he was able to
treat his friends to drinking. After a fierce fight, petitioner and her child returned to
Palawan but they went to Calamba in 2008 and their son also studied there.

11. Petitioner got a house in Calamba and they had a fight again when the respondent
knew it was put under the name of the petitioner’s brother.

12. In 2010, their son had heart surgery. Petitioner asked help from relatives and from
respondent but the respondent never helped even though he promised to do so.

13. To date, they have gone separate ways and there is no hope for reconciliation.

14. Petitioner, that she deserves to start life anew with feelings of hope for a brighter
future since there is obviously no hope that respondent can cope up with her
obligations as husband.

15. Petitioner engaged a clinical psychologist who conducted a psychological evaluation

on the ability of respondent to cope up with the essential obligations of marriage.
After evaluation, respondent was found to be psychologically incapacitated to
perform the essential marital obligations of marriage borne from his lack of maturity,
which affected his sense of rational judgment and responsibility. These traits reveal
his psychological incapacity under Art. 36 of the New Family Code of the
Philippines.

16. Petitioner is filing this petition to declare her marriage a nullity. Respondent showed
no concern for hir obligation towards his 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. his lack
of effective sense of rational judgment and responsibility, by being psychologically
immature and failing to perform his responsibilities as a husband and as a father.

17. That said psychological defect or illness is grave, serious and incurable and existed
prior to the marriage and became manifest during its existence;

18. That petitioner and respondent have not acquired any real properties in the course of
their marriage.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed that the marriage of

the petitioner with the respondent be declared a nullity. It is likewise prayed that if and when
parties are able to enter into an extrajudicial settlement as to custody and joint parenting, the
same be adopted by this Court and in the absence thereof, a fair and just settlement of their rights
and obligations as parents be adjudicated by this Honorable Court. We pray for such other
reliefs, just and equitable under the premises.

Dasmarinas City March 26, 2022

Atty. LEIZL A. VILLAPANDO

Counsel for Petitioner
Cityland Herrera Tower
 Rufino St., Legaspi Village Makati City
IBP No. 0001 01-07-22 Pasig City
PTR No: 000001 /01/14/22/ Rizal
Roll No. 5000
MCLE Compliance II – 000001
Dtd. March 1, 2022

VERIFICATION

I, MAUREEN EUNICE GONZALES, of legal age, under oath, states:

01. That I am the petitioner in this case and that I have caused the preparation of the
same petition;

02. That I attest to the truth of all the allegations in the same petition of my own
personal knowledge;

Page 05.

03. In compliance to the Supreme Court circular against forum shopping, I hereby
certify that: a) I have not commenced any other action or proceeding involving the same issues
before the Supreme Court, or Court of Appeals, or any other tribunal or agency; b) to the best of
my knowledge, no such action or proceedings is pending in the Supreme Court, Court of Appeals
or any other tribunal or agency; c) If I should learned that similar action or proceeding has been
filed or is pending before such tribunals or bodies, I shall report that fact within five (5) days
therefrom to the court of agency where the original pleading and sworn certification have been
filed.

MAUREEN EUNICE GONZALES

Affiant

SUBSCRIBED and SWORN to before me this 26th day of MARCH 26, 2022 affiant
exhibited to me his ______________ dated ________________ issued in Dasmarinas City.

Doc. No. 001

Page No.002
Book No.003
Series of 2022.