1

Republic of the Philippines

REGIONAL TRIAL COURT
Branch 4
Family Court
Second Judicial Region
Tuguegarao City, Cagayan

XX,
Petitioner,

vs. CIVIL CASE NO. ______

“DECLARATION OF
NULLITY OF MARRIAGE”
YY,
Respondent.
x - - - -- - - - - - - - -- - - - x
PETITION

COMES NOW the Petitioner, by herself and unto this Honorable

Court respectfully states that:

1) Petitioner is of legal age, Filipino and a resident of Zone 3

Centro, Baggao, Cagayan where she may be served with
court processes;

2) Respondent is likewise of legal age, Filipino and a

resident of No.7 Bancud Street,Caritan Sur, Tuguegarao
City, Cagayan where he may be served with summons
and other court processes

3) Petitioner and respondent entered into a contract of

marriage on 15 October 2006 at St. Dominic Parish
Church, Centro, Baggao, Cagayan. A Copy of their
Certificate of Marriage issued by the National Statistics
Office (NSO) is hereto attached as Annex “A”;

4) Out of the their marital union, petitioner and respondent

have a child whose name is ZZ, who was born on 19
August 2008. A copy of the Certificate of Live Birth of ZZ
is hereto attached as Annex “B”;

5) That before, during and after the said marriage

celebration, respondent has been psychologically
incapacitated to perform his obligations and covenants in
the contract of marriage he entered into with the
petitioner;

6) That said psychological incapacity of the respondent was

made manifest after the celebration of marriage and that
such incapacity is grave and incurable;

7) That said incapacity of the respondent has caused him to

be truly incognitive of his basic marital covenants which
he must assume and discharge in accordance with Article
68 of the Family Code, that is to observe mutual love,
respect, and fidelity with the petitioner and to render help
and support to the latter;
 2
8) That such incapacity is demonstrated under the following
narration of incidents:
a) Respondent’s infidelity to the petitioner as his
spouse was indiscreet and known to petitioner’s family
and friends;

b) Respondent has been maintaining illicit

relationships with different women and displayed them with
condescension and indiscretion;

c) Sometime in April 2009 in Ugac, Tuguegarao City,

while verbally abusing, uttering invectives and shouting foul
language against the petitioner, respondent drew a firearm
and aimed the same at the petitioner, who tried to cover
from being harmed her son ZZ and her house-help AA, who
was carrying ZZ at that time. Petitioner begged respondent
to stop and the latter, while continually uttering invectives,
manhandled and pushed the petitioner;

d) Sometime in October 2008 after a heated

argument over the phone, respondent went to the petitioner
and brandished a long firearm, intimidated the petitioner
and uttered invectives and insults against the her;

e) Whenever respondent is angry, he would draw his

gun, and would break things, furniture or fixtures causing
fear and trauma upon the petitioner, her son, and even her
house-help;

f) That on 9 January 2010 around 3:30 o’clock in the

afternoon, while respondent was at the Paseo Reale
compound as a judge for a local talent search and contest,
respondent came stalking and causing unnecessary
discomfort, and fear to the petitioner and trouble to her
officemates/friends and security escorts who were with her.
Respondent shouted and berated BB, an officemate and
friend of the petitioner who was then guarding closely the
petitioner upon seeing the respondent. Respondent
scandalously shouted at BB and told her to leave or else,
he would drag her away. Petitioner, upon hearing and to
preempt any further scandal, approached BB and the
respondent and told the latter not to create a scenel in the
huge crowd at the Paseo Reale. Petitioner went back to her
seat as a judge of the talent contest and when it was her
turn to speak as it was a part of the format of the talent
search for a judge to give her comments, respondent
banged real hard an object causing a loud noise and
distracted the petitioner in giving her speech causing her
genuine discomfort, emotional disturbance, and needless
anxiety.

g) That petitioner even went to Court and obtained

temporary and permanent protection orders. Copies of the
Temporary and Permanent Protection Orders in
accordance with R.A.No.9262 issued by the Regional Trial
Court Branch 4,Tuguegarao City are hereto attached as
Annexes “C” and “D”, respectively;
 3
h) Respondent has been hooked into excessive
gambling. Respondent would even ask money from the
petitioner whenever respondent would go out to gamble. To
avoid being shouted at, petitioner would just give money to
the respondent;

i) Respondent would refuse and avoid talking things

about his parents and family while petitioner has been
always open about her parents and her family;

j) Since respondent has no stable job, petitioner

encouraged him to practice his profession as a civil
engineer, but respondent refused to heed despite the
prodding and encouragement of the petitioner;

k) It has been always the petitioner who has worked

for the provisions of the family: food, clothing, shelter and
other basic needs of the family. Petitioner would pay for bills
such as, rental for their apartment where they stayed in
Tuguegarao, electric bill, water bill, telephone bills, cable tv,
and all other needs of the family.

l) Respondent is truly incognitive of his duties as a

family man and renders him unable and incapacitated to
perform his obligations under the Family Code.

Taken and considered altogether, the foregoing facts

undoubtedly indicate the grave and incurable psychological
incapacity of the respondent to observe his marital duties as so
expressed under Article 68 of the Family Code.

WHEREFORE, it is respectfully prayed of the Honorable

Court to DECLARE petitioner’s marriage with the respondent null
and void.

Other reliefs just and equitable under the premises are

likewise prayed for.

10 March 2010 at Tuguegarao City, Cagayan.

ATTY. ALONA D. GAZMEN

For the Petitioner
#138 2nd Floor Taaca Bldg.
National Road, Carig Sur
Tuguegarao City
Roll No.47876
MCLE Exemption No.: II-001777
IBP NO.813911
Issued 1/08/2010 Tuguegarao City
PTR No. 0657082
Issued 1/08/2010 Tuguegarao City
 4

VERIFICATION AND CERTIFICATE

OF NON-FORUM SHOPPING

I, XX, Filipino, of legal age, married, and a resident of Zone 3

Centro, Baggao, Cagayan after having been duly sworn to in
accordance with law do hereby depose and state that:

1) I am the petitioner in the above-entitled petition;

2) I caused the preparation of the foregoing;
3) I have read the petition and that the allegations in the petition are
true and correct to the best of my personal knowledge and based
on authentic documents;
4) That I have not commenced any similar petition or any case in
any other court, body or tribunal involving the same issues and
to the best of my knowledge, no such other action is pending
therein;
5) That should I, hereinafter learn of any similar petition or case
involving the same issues pending in any other court, body or
tribunal, I undertake to inform this Honorable Court within five (5)
days from knowledge therefrom.

XX
Petitioner

SUBSCRIBED AND SWORN TO BEFORE ME this ____ day of

March 2010 at Tuguegarao City, Cagayan by Petitioner XX who
exhibited her Philippine Passport No.XX1234567 issued on 10 January
2010, a competent evidence of identity bearing her photo and
signature..

_______________________

Doc. No._____
Page No._____;
Book No._____;
Series of 2010.