Republic of the Philippines

REGIONAL TRIAL COURT

THIRD JUDICIAL REGION
Cabanatuan City
Branch 86
GENARO L. ABAD,
Petitioner, CIVIL CASE NO. 14565
-versus- For: Declaration of
Nullity of Marriage
ELIZA B. FERRY,
Respondent,
x----------------------------------------------------x
PETITION
COMES NOW, petitioner, by the undersigned counsel and unto this
Honorable Court, most respectfully alleges:
1. Petitioner is of legal age, Filipino citizen and a resident of 208
Bucot, Aliaga, Nueva Ecija, while Respondent is likewise of legal
age, Filipino Citizen and a resident of Brgy. Tralala, Cabanatuan
City, where she may be served with summons, orders and other
legal processes of this Honorable Court;

2. Petitioner and respondent are husband and wife, having been

legally married on June 15, 2020 at Nuestra Señ ora de Las Saleras
Shrine, in Poblacion Centro, Aliaga, Nueva Ecija, a copy of their
marriage certificate is hereto attached as Annex “A”;

3. A child was born in Wedlock, Genevieve F. Abad, aged 2 years old,

a copy of her Certificate of Live Birth is hereto attached as Annex
“B”;

4. Petitioner and Respondent were college classmates, beginning

their dating relationship in 2019. Back then, petitioner had a
girlfriend, Regina, who was respondent’s friend as well. After he
and Regina broke up, petitioner lived in with another girlfriend,
but they broke up after a few months. Petitioner then returned to
his parents’ home and met respondent again after some time. This
time, they were already college graduates and were both scouting
for employment. But as it was difficult to get an office job then,
they decided to be business partners by starting a siomai cart
business.

5. Aside from being business partners, they were likewise attracted

to each other physically, although there was no emotional

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 attachments to one another, they frequently indulged in sexual
intimacies which resulted in respondent’s pregnancy. Petitioner
did not want to marry respondent for he knew her to be a playgirl
having had a long list of boyfriends. He however vowed to support
their child;

6. When petitioner’s parents, who were devout Catholics and

followers of the conservative mater dei, came to know about
respondent’s pregnancy, they prevailed upon petitioner to marry
respondent. Despite his protestations, they were married in haste
and in a simple church ceremony;

7. Unprepared to face the rigors of married life and with no visible

means of livelihood, the newly-weds lived with petitioner’s
parents. Their first month of being married was marred by
frequent fights and disagreements as they were not really in love
with each other and were constantly at odds, no one giving in for
the other;

8. A month after getting married or in July 2020, petitioner moved to

Pampanga to work as a Security Guard. He however sent money
for respondent’s medical needs as she was about to give birth.
Despite financial support coming from petitioner, respondent felt
uncomfortable at her in-laws’ home. She left and went back to her
parents;

9. Petitioner came back to Cabanatuan and attempted to reconcile

with respondent especially after seeing his baby. Respondent
refused to live again with petitioner. He was resigned to just
visiting his baby boy from time to time and giving financial
support to their child;

10. Some Time went by with the parties living separately on

their own. It became convenient for both to live separately as they
would constantly fight when they are together. Soon petitioner
got employed with a Construction Job in Tarlac. Respondent too
became gainfully employed. Distance and separation drove both
petitioner and respondent to have their respective lovers;

11. This arrangement went on until petitioner’s student visa

was approved and he was slated to leave for the States sometime
March 2021. Before he left, he talked with respondent and they
both agreed that they will both use the time away from each other
to think things over and determine if there is still chance for them
to get back and live together as husband and wife when petitioner
comes back from his studies abroad;

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12. While abroad, he not only studied but worked as well,
taking in odd jobs to support himself and his family. In February
2022, it was respondent’s turn to go abroad to work in Taiwan.
Petitioner and respondent used to communicate through text
messaging and they both agreed to come home;

13. Petitioner came back in March 2022, not long after,

respondent came home too. They both decided to try and live
together again as a family. Unfortunately, since both of them
distrusted each other, they frequent arguments and
disagreements. Worse, petitioner found out that respondent had a
boyfriend in Taiwan, who had remained in touch with her. And
worst, respondent had not severed her relationship with him,
thus, the guy maintained communications with her. This was the
last straw that broke the camel’s back, so to speak;

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

15. Petitioner, convinced of the futility of this efforts, decided

that he 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 wife;

16. 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
her lack of maturity, which affected her sense of rational
judgment and responsibility. These traits reveal her psychological
incapacity under Article 36 of the New Family code of the
Philippines and is more appropriately labeled “Anti-Social and
Narcissistic personality disorder”;

17. 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, otherwise peculiar
to infants, by being psychologically immature and failing to
perform her responsibilities as wife;

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

19. That petitioner and respondent have not acquired any real
properties in the course of the 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 statement 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 part for such other reliefs, just and equitable
under the premises.
Cabanatuan City, September 15, 2022

ATTY. GAVINO ALEXIS C. VILLANUEVA II

Counsel for Petitoner

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 VERIFICATION
I, GENARO L. ABAD, of legal age, under oath, state:
1. That I am the petitioner in this case and that I have caused the
preparation of the same petition;
2. That I attest to the truth of all the allegations in the same
petition of my own personal knowledge;
3. 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 within five (5) days
therefrom to the court of agency where the original pleading
and sworn certification have been filed.

GENARO L. ABAD
Affiant

SUBSCRIBED AND SWORN to before me this 1st day of November

2022 at Cabanatuan City.

ATTY. GAVINO ALEXIS C. VILLANUEVA II

Notary Public / Cabanatuan City
Until December 31, 2022
09487693254
GCVillanueva@yahoo.com
Roll No. 042096/6-5-2021
Commission No. 4658
IBP No. 6546546/09-10-2023
PTR No. 321657/01-11-2023
MCLE Compliance No. 65498 issued on
September 21, 2022/Cabanatuan City

Doc. No. ;
Page No. ;
Book No. ;
Series of 2022

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