ANA –VS.

—BOB
FOR: DECLARATION OF NULLITY OF MARRIAGE
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Republic of the Philippines

SUPREME COURT
8th Judicial Region
Regional Trial Court BRANCH 37
Bulwagan ng Katarungan
Catbalogan City, Samar

ANA CASE NO.: ____________

Petitioner, FOR: DECLARATION
vs. OF NULLITY OF
MARRIAGE
BOB,
Respondent.
x-----------------------------------x

PETITION
Comes now petitioner, by counsel unto this Honorable Court
respectfully avers that:

1. Petitioner, ANA is of legal age, Filipino and presently

residing in Barangay Poblacion 01, Daram, Samar;

2. Respondent, BOB is likewise of legal age, Filipino and is last

known by the petitioner to be residing in Manila.

3. In this present petition, the petitioner prays of this honorable

court to declare as null and void her marriage to respondent
on the ground of the latter’s psychological incapacity.

4. The following pertinent and relevant family code provisions

are the bases in the treatise of this petition:

Art. 36. A marriage contracted by any party who, at the time

of the celebration, was psychologically incapacitated to
comply with the essential marital obligations of marriage,
shall likewise be void even if such incapacity becomes
manifest only after its solemnization. (As amended by
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Executive Order 227)

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Art. 68. The husband and wife are obliged to live together,
observe mutual love, respect and fidelity, and render mutual
help and support.

Art. 72. When one of the spouses neglects his or her duties to
the conjugal union or commits acts, which tend to bring
danger, dishonor or injury to the other or the family, the
aggrieved party may apply to the court for relief.

5. ANA and BOB, a coast guard met in Manila sometime in

2010 when they were introduced by a common friend. After
that meeting they started exchanging text message. BOB
used to visit ANA and during those visits, she found him
sweet but temperamental.

6. On June 2012 ANA visited BOB in Zamboanga Del Sur and

after a month she got pregnant. When she informed BOB,
the latter got mad and shouted at her on phone and even
accused her of having an affair. He also denied paternity of
the child.

7. Sometime in 2012, BOB called ANA and told her that he was
now ready to marry her then started sending monthly
support of 2,000. ANA gave birth to Charisse Capon in 2013.
After her birth, they started to live together as live-in
partners. They started to experience their highs and lows
due to the unreasonable and immature acts of BOB.
However, ANA still decided to marry him.

8. To dispense with the requirement of a marriage license and

hasten the ceremony, the parties executed an affidavit of
cohabitation declaring therein that they had been living
together as husband and wife for more than 5 years when
the truth is they did so only for about a year after the birth of
their child hence they were married in 2014 at Manila City
Hall.

9. After the wedding, their relationship remained long distance

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as BOB was still assigned in Zamboanga Del Sur. BOB visits

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ANA and his daughter whenever he would have a break

from his duty. It was during those visits that ANA came to
know about the real personality of BOB which is
temperamental. He is also insensitive and irritable. One
instance, he threatened his daughter then 2 years old to be
placed in a bag if she do not follow him and come near him
immediately, he really did place her daughter inside the bag.

10. In 2015, BOB arrived at ANA’s apartment and found out

that the door was locked, he got mad that he could not get
inside so they had a serious fight and ANA was punched. In
Bicol while on vacation, BOB almost killed ANA when their
daughter accidentally fell during play.

11. There was also one instance that BOB kicked and spanked
ANA which caused hematoma around her eyes because she
fell asleep when BOB wants him to stay awake and was not
yet sleepy. BOB also threatened to kill ANA and burry her in
the backyard if she is already useless. This prompted ANA
to escape from him. In 2016, they then went together for the
birthday of their daughter however BOB resumed hurting
her and their daughter again.

12. ANA also learned that BOB has another woman. When
ANA informed him that his girlfriend call him on the phone,
he got infuriated and punched ANA who was carrying their
daughter who as well got hit by the punch. He then picked
up a gun and pointed it at her head. He only stopped when a
neighbor interfered.

13.Further, BOB still failed to adhere to his personal and

marital commitments. He still have different illicit
relationships. ANA even found BOB’s picture with his other
woman and their sex video. ANA also discovered that BOB
was into the use of illegal drugs.
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14.ANA engaged the services of a Clinical Psychologist and

found out that BOB is suffering from Antisocial Personality
Disorder and concluded that reconciliation as well as hope
for a normal marital life is impossible.

Cases Citations
1. MARCOS v. MARCOS, For purposes of
Phil. 840, 850 (2000) establishing the
psychological incapacity of
a spouse, it is not required
that a physician conduct an
actual medical examination
of the person concerned. It
is enough that the totality
of evidence is strong
enough to sustain the
finding of psychological
incapacity.
2. LESTER BENJAMIN S. This Court recognized that
HALILI vs. CHONA M. individuals with
SANTOS-HALILI G.R. diagnosable personality
No. 165424, June 9, 2009 disorders usually have
long-term concerns, and
thus therapy may be long-
term. Particularly,
personality disorders are
"long-standing, inflexible
ways of behaving that are
not so much severe mental
disorders as dysfunctional
styles of living. These
disorders affect all areas of
functioning and, beginning
in childhood or
adolescence, create
problems for those who
display them and for
others. From the foregoing,
it has been shown that
petitioner is indeed
suffering from
psychological incapacity
that effectively renders
him unable to perform the
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essential obligations of
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marriage. Accordingly, the

marriage between
petitioner and respondent
is declared null and void.
3. TE v. YU-TE, 598 Phil. Each case must be judged
666 (2009) [Per J. according to its own facts,
Nachura, Third guided by findings of
Division] experts in the field of
psychology and decisions
by church tribunals. Lest it
be misunderstood, we are
not suggesting the
abandonment of Molina in
this case. We simply
declare that, as aptly stated
by Justice Dante O. Tinga
in Antonio v. Reyes, there
is need to emphasize other
perspectives as well which
should govern the
disposition of petitions for
declaration of nullity
under Article 36. At the
risk of being redundant,
we reiterate once more the
principle that each case
must be judged, not on the
basis of a
priori assumptions,
predilections, or
generalizations but
according to its own facts.
And, to repeat for
emphasis, courts should
interpret the provision on a
case-to-case basis; guided
by experience, the findings
of experts and researchers
in psychological
disciplines, and by
decisions of church
tribunals.
4. CAMACHO-REYES v. The non-examination of
REYES, G.R. No. one of the parties will not
5

185286, August 18, automatically render as

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2010, 628 SCRA 461 hearsay or invalidate the

findings of the examining
psychiatrist or
psychologist, since
marriage, by its very
definition, necessarily
involves only two (2)
persons. As such, the
totality of the behavior of
one spouse during the
cohabitation and marriage
is generally and genuinely
witnessed mainly by the
other.
5. KALAW v. Void ab initio marriages
FERNANDEZ, G.R. No. under Article 36 do not
166357, January 14, further the initiatives of the
2015 State concerning marriage
and family, as they
promote wedlock among
persons who, for reasons
independent of their will,
are not capacitated to
understand or comply with
the essential obligations of
marriage.

In dissolving marital bonds

on account of either party's
psychological incapacity,
the Court is not
demolishing the
foundation of families, but
it is actually protecting the
sanctity of marriage,
because it refuses to allow
a person afflicted with a
psychological disorder,
who cannot comply with
or assume the essential
marital obligations, from
remaining in that sacred
bond. It may be stressed
that the infliction of
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physical violence,
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constitutional indolence or
laziness, drug dependence
or addiction, and
psychosexual anomaly are
manifestations of a
sociopathic personality
anomaly. Let it be noted
that in Article 36, there is
no marriage to speak of in
the first place, as the same
is void from the very
beginning. To indulge in
imagery, the declaration of
nullity under Article 36
will simply provide a
decent burial to a stillborn
marriage.
6. MARIA TERESA B. Psychological incapacity is
TANI-DE LA FUENTE, a mental illness that leads
to an inability to comply
vs RODOLFO DE LA with or comprehend
FUENTE, JR., G.R. No. essential marital
188400, March 8, 2017 obligations.

This Court takes note

of Ngo Te v. Gutierrez Yu
Te's observation that a
straitjacket application of
the Molina guidelines "has
taken its toll on people
who have to live with
deviant behavior, moral
insanity and sociopathic
personality anomaly,
which, like termites,
consume little by little the
very foundation of their
families, our basic social
institutions. Ironically, the
ultimate effect of such
stringent application of
the Molina
guidelines are the
perversion of the family
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unit, the very institution

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that our laws are meant to

protect. The marriage of
Maria Teresa Tani-De La
Fuente and Rodolfo De La
Fuente is declared NULL
and VOID.
7. REPUBLIC vs. These circumstances, taken
MARTIN NIKOLAI Z. together, prove the three
JAVIER and essential characteristics of
MICHELLE K. psychological incapacity
MERCADO- JAVIER, on the part of Martin.
G.R. No. 210518, April As such, insofar as the
18, 2018 psychological incapacity of
Martin is concerned, the
CA did not commit a
reversible error in
declaring the marriage of
the respondents null and
void under Article 36 of
the Family Code.
8. BERNARDINE S. We cannot ignore the trial
SANTOS-GANTAN vs. court's findings and
JOHN-ROSS C. evaluation and substitute
GANTAN, G.R. No. our own only because
225193, October 14, marriage is regarded as an
2020 inviolable social
institution. The fulfilment
of the State's constitutional
mandate to protect
marriage as an inviolable
social institution only
applies to a valid marriage.
The Court cannot afford
the same protection to a
marriage that is void ab
initio because such a
marriage has no legal
existence. Indeed, the
totality of evidence has
sufficiently established
here that respondent is
psychologically
incapacitated at the time he
got married to petitioner
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and continue to be so
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thereafter. He is truly non-

cognitive of the basic
marital covenants such as
the mutual obligation to
live together, observe love,
respect, and fidelity, and
render help and support to
each other. Such
psychological incapacity is
enough to declare the
nullity of his marriage with
petitioner even if such
incapacity becomes
manifest only after its
solemnization.

9. ROSANNA L. TAN- Psychological incapacity is

ANDAL vs. MARIO not a medical but a legal
VICTOR M. ANDAL concept. It refers to a
G.R. No. 196359 May personal condition that
11, 2021 prevents a spouse to
comply with fundamental
marital obligations only in
relation to a specific
partner that may exist at
the time of the marriage
but may have revealed
through behavior
subsequent to the
ceremonies. It need not be
a mental or personality
disorder. It need not be a
permanent and incurable
condition. Therefore, the
testimony of psychologist
or psychiatrist is not
mandatory in all cases. The
totality of the evidence
must show clear and
convincing evidence to
cause the declaration of
nullity of marriage.

15. The following Exhibits will be presented in the course of the

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trial:
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EXHIBIT Description
S
A Counsel’s Sworn Certification of Petitioner’s
Residency

Purpose To prove the residency of the petitioner and

compliance with the requirements of the petition.

B Petitioner’s House Location Sketch

Purpose To prove the residency of the petitioner and
compliance with the requirements of the petition.
C Counsel’s Sworn Statement on Verified
Petitioner’s Residence

Purpose To prove the residency of the petitioner and

compliance with the requirements of the petition.
D Copy of Petitioner’s Tax Identification No. (TIN)
Card issued by the Bureau of Internal Revenue

Purpose To prove the identity and residency of the

petitioner and compliance with the requirements
of the petition.
E Printed page of Petitioner’s latest Philippine
Passport No. P6519738B
Purpose To prove the residency of the petitioner and
compliance with the requirements of the petition.
F Certificate of Live Birth of Charisse

Purpose To prove that the marriage of the petitioner and

the respondent is void from the beginning for
lack of marriage license.
G Marriage Certificate of the Petitioner and the
Respondent
Purpose To prove that the petitioner is married to the
respondent

H and Neuropsychiatric Report

Series
Purpose To prove that there are clinical and scientific
bases for the psychological incapacity of the
respondent BOB to perform his marital and
parental obligations as required under the Family
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Code.
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Notice of Appearance of the Office of the

 ANA –VS.—BOB
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J Solicitor General (Reserved)

Purpose To prove that the state has taken an active role
and participation in the proceedings of the case,
as required by law.
Letter/ Notice form the Office of the Solicitor
K General to the City Prosecutor (Reserved)
Purpose To prove that the City Prosecutor was duly
deputized by the Office of the Solicitor General to
assist in this case for the state to take an active
role and participation in the proceedings.
L Certification of Non-Collusion (Reserved)
Purpose To prove that the public prosecutor duly
deputized by the OSG for this case has
conducted an investigation and found out that the
parties did not engage in collusion for the
purpose of fabrication nor concealment of
evidence for the nullification of their marriage.

16. The following witnesses will be presented during the trial:

A. Petitioner ANA, to prove the material allegations on the

psychological incapacity of the respondent to perform his
marital and parental obligations;

B. Dr. X , to give an expert testimony on the scientific and

clinical bases of the psychological incapacity of the
respondent to perform his marital and parental
obligations;

C. BBB, to give a corroborative testimony and to state her

observations on the marriage of the petitioner and the
respondent.

PRAYER

PREMISES CONSIDERED; it is most politely prayed of this

Honorable Court that:

1. The marriage of herein petitioner to the respondent be

declared void from the beginning due to the psychological
incapacity of the respondent to perform his marital and
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parental obligations;
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2. The petitioner be declared free and clear of the spousal

obligations towards the respondent by reason of the nullity
of the subject marriage;

3. The property relations of the parties be ordered terminated

and conjugal properties of the parties liquidated, partition
and distributed to them; and

4. Other just reliefs due and fitting under the circumstances are
likewise prayed for.

Catbalogan City; December 11, 2023.

ATTY. JOEMAR A. CAFRANCA

Roll No. 112143/ June 12, 2000
Phone No. 09173095008
joemarcafranca@gmail.com

Copy furnished by registered mail

OFFICE OF THE SOLICITOR GENERAL

134 Amorsolo St. Legaspi
Village, 1229 Makati, City
Metro, Manila

Mail Receipt No. _______________________ Date: _____________

EXPLANATION ON THE MODE OF SERVICE

A copy of this petition and its attachments was served upon the
Office of the Solicitor General by way of registered mail for reason of
distance which makes personal service impossible.
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VERIFICATION AND CERTIFICATE OF NON-FORUM

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I, ANA, of legal age, after having been duly sworn in

accordance with law, depose and state that:

1. I am the petitioner in the above-stated case, and I caused the

preparation of the foregoing petition. I have read the contents
thereof and the facts stated therein are true and correct of my
personal knowledge and/or on the basis of copies of
documents and records in my possession;

2. The petition is not being filed to harass, cause unnecessary

delay, or needlessly increase the cost of litigation and the
factual allegations therein have evidentiary support or, if
specifically, so identified, will likewise have evidentiary
support after a reasonable opportunity for discovery.

3. I have not theretofore commenced any action or filed any claim

involving the same issues in any court, tribunal or quasi-
judicial agency, and to the best of my knowledge, no such other
action is pending; and If I should thereafter learn that the same
or similar action or claim has been filed or is pending, I shall
report such fact within five (5) calendar days therefrom to this
Honorable Court.

IN WITNESS HEREOF, I have hereunto affixed my signature this

day, ______________, in Catbalogan City, Philippines.

XXX
Petitioner-Affiant
PASSPORT NO. Pxxxxxxxx/ BIR TIN: x121342

Subscribed and sworn to before me this day, _____________,

in the City of Catbalogan, Philippines, affiant being personally
known to me.

Doc. No.
Page No.
Book No.
Series of 2023
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