Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Branch 21, Quezon City

WIFE,
Petitioner
Civil Case No. 654321
- versus - FOR: Annulment of Marriage and Declaration
of Nullity of Marriage under Art. 36 of the
Family Code
HUSBAND,
Respondent
x--------------------------------------x
PETITION
PETITIONER, through counsel, most respectfully states:
1. That petitioner is a Filipino, of legal age, married and residing at No. 12, Alley 7,
Road 8, Project 6, Quezon City, whereas respondent is likewise a Filipino, of legal
age, married and residing at No. 12, Alley 7, Road 8, Project 6, Quezon City, at
which addresses the parties herein may be served summons and other court processes;
2. That on 7 January 2000, petitioner and respondent were married in the Our Lady of
Mt. Carmel Church, as shown and evidenced by their marriage certificate, photocopy
of which is herewith attached and marked as Annex “A” and made integral part
hereof;
3. That three (3) children were born in wedlock, copies of their Certificates of Live
Birth are hereto attached as Annexes “B”, “C” and “D”;
4. That after said marriage, petitioner and respondent lived together as husband and
wife, and it was during this period when petitioner noticed that although her husband
had been good and responsible, there was a change in his behavior and treatment of
her. Such attitude, later, would be the manifestations of respondent’s psychological
incapacity to comply with his essential marital obligations such as his failure to
observe love, loyalty, respect, and responsibility for the petitioner and their children;
5. That after they got married, respondent changed quickly from one mood to another,
almost as if he is changing personalities. Respondent’s temper became intermittent
and even the petitioner and respondent’s children were not spared;
6. That through the years of their living together as husband and wife, respondent’s
psychological incapacity became more magnified, and, in fact, respondent became
more irresponsible, unreasonable, and physically violent, not just to petitioner, but
also to their children;
7. That during such period, their marital life was marred by quarrels, physical violence,
emotional, verbal and financial abuse committed by respondent against petitioner,
 disharmony caused by respondent’s emotional and intellectual immaturity,
irresponsibility, and lack of empathy towards petitioner, and the lack of love, loyalty
and respect, for which petitioner was deprived of peace of mind, happiness and
tranquility;
8. That even when he was getting everything he wishes like respect, veneration, and
importance, he will turn to his wife and make her life miserable. One incident was
when petitioner went home late from a graduation celebration. With all that the
petitioner was going through with her marriage, she thought she deserved to have
some time for herself, if only for one night. When petitioner got home, the respondent
was so outraged that he hit the petitioner all over her body. The children were crying
as they witness respondent’s maltreatment of the petitioner;
9. That throughout their married life, respondent refused to change for good and, worse,
the respondent’s parents tolerated his wrong-doings, despite its negative effect on the
children, thereby resulting in the failure of their marriage, and more so, to the misery
and unhappiness, not only of petitioner, but also of their children;
10. That to compound the problem, injury and pain which made the life of petitioner
miserable, respondent also inflicted physical violence against his own child since the
latter was just seven (7) years old;
11. That the family also experienced financial trouble when respondent stopped working
abroad and petitioner was pregnant with yet another baby. And despite their financial
woes, respondent continued to drink, smoke and gamble, to the detriment of his wife
and children;
12. That respondent also had an affair with another woman, and told the petitioner that
she must learn to understand that men are natural philanderers, and he expected
petitioner to conform with it. There was also an instance when the respondent called
the petitioner and casually told her that he was about to have a child with another
woman;
13. That having had enough of the stress and mistreatment from respondent, they finally
separated on 25 August 2014, despite having previously separated several times prior;
14. That to prove the psychological incapacity of the respondent in accordance with
Article 36 of the Family Code, petitioner went to a clinical psychologist and
submitted herself for assessment. She underwent several psychological tests and
interviews which were held on 17, 18, and 19 of August;
15. That respondent was also properly notified with a letter sent by the clinical
psychologist, inviting him to undergo the same procedure, but to no avail. Such letter
is attached and herewith marked as Annex “E”;
16. That in spite of respondent’s disregard of the letter, the clinical psychologist still
proceeded to conduct the necessary tests, assessments, and examination on the
respondent based on the petitioner’s and their eldest daughter’s statements and
accounts of what happened during the entire marriage;
17. That to further prove the psychological incapacity of the respondent, and also to
corroborate the statements of petitioner, their eldest daughter, Hanz Pearl, 18 years of
age, was interviewed by the clinical psychologist who examined petitioner and
 respondent. The corroborating statement is attached herewith and marked as Annex
“F”;
18. That, consequently, the clinical psychologist found that the petitioner is suffering
from Partner Relational Problem and severe stress caused by respondent’s acts, and,
in turn, respondent was assessed to be having a Narcissistic Personality Disorder.
The findings are contained in the psychological evaluation report prepared by the
psychologist in relation to the psychological make up of petitioner and respondent,
attached herewith and marked as Annex “G”;
19. That the curriculum vitae stating the qualifications and competence of the clinical
psychologist as an expert relative to the evaluation of the psychological capacities
and/or capabilities of the parties in relation to their essential marital obligations is
herein attached and marked as Annex “H”;
20. That the Judicial Affidavit executed by the clinical psychologist proving the
psychological evaluation report and her qualifications is also attached herewith and
marked as Annex “I”;
21. That the above-mentioned facts demonstrate respondent’s psychological incapacity to
comply with the essential marital obligations of marriage. Under Article 36 of the
Family Code, such psychological incapacity entitles the petitioner to an annulment of
marriage and for a consequent declaration of the nullity of marriage.

PRAYER
WHEREFORE, it is most respectfully prayed of this Honorable Court that judgment be
rendered annulling the said marriage of petitioner Wife and respondent Husband, and declaring
the said marriage to be null and void, and ordering the Local Civil Register of Quezon City to
cancel the said marriage from the book of marriages and order said marriage to be of no further
legal effect.
Petitioner likewise prays for such other and further relief or reliefs as this Honorable
Court may deem just and equitable in the premises.

11th day of March 2020, Quezon City, Philippines.

WIFE
Petitioner
 VERIFICATION
PETITIONER, subscribing under oath, hereby deposes and states that:
I am the petitioner in the instance case.
I have read the foregoing petition and the allegations therein are true and correct of my
own knowledge and/or based on the records on hand.
I attest to the authenticity of the annexes thereof.

IN WITNESS WHEREOF, I have hereunto set my hands this 11th day of March 2020 at
Quezon City, Philippines.

WIFE
Petitioner

SUBSCRIBED AND SWORN TO before me, in the City of Quezon, this 11th day of
March, 2020, by the petitioner with Driver’s License No. 1234 valid until 2022, issued at LTO
Quezon City, on January 20, 2017.

Notary Public
My Commission expires on Dec. 31, 2021
Not. Reg. No.
Page No.
Book
Series of 2020
 CERTIFICATION AGAINST FORUM SHOPPING

I certify that:
a) I have not commenced any other action or proceeding involving the same
issues in the Supreme Court, the Court of Appeals, or different Divisions
thereof, or any other tribunal or agency.
b) No such action or proceeding is pending in the Supreme Court, the Court of
Appeals, or different Divisions thereof, or any other tribunal or agency.
c) If I should learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or different
Divisions thereof, or any other tribunal or agency, I hereby undertake to notify
this Honorable Court within five (5) days from such notice.

WIFE
Petitioner

SUBSCRIBED AND SWORN TO before me, in the city of Quezon, this 11th day of
March, 2020, by the petitioner with Driver’s License No. 1234 valid until 2022, issued at LTO
Quezon City, on January 20, 2017.

Notary Public
My Commission expires on Dec. 31, 2021
Not. Reg. No.
Page No.
Book
Series of 2020