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REPUBLIC OF THE PHILIPPINES

National Capital Judicial Region


REGIONAL TRIAL COURT
Branch 36
City of Manila

HIRMINIGILDO PINEPENDOT
Petitioner,

– versus - CIVIL CASE NO. 17-766989


FOR: Annulment of Marriage
Based on Art. 45(2), Family Code

GORGONIA MAGALPOK
DEFENDANT.

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MEMORANDUM

COMES NOW PETITIONER, through the undersigned counsel, unto


this Honorable Court most respectfully submit and present this
Memorandum in the above-titled case and aver that:

THE PARTIES

1. Petitioner is a Filipino, of legal age, married and presently


residing at 658 Molave Street, Manila, Factual Background
2. Defendant GORGONIA MAGALPOK is a Filipino, of legal age,
married and presently residing at 408 T. Anzures St., Balic Balic
Sampaloc Manila at the time of filing of this pleading

I. FACTUAL BACKGROUND

Perperanda Pinependot, sister of herein petitioner files a


case for annulment of marriage between her brother and the latter’s
spouse on the ground of ‘unsound mind existing at the time
marriage’, basing it on the Article 45(2) of the Family Code.

She also cites as ground for declaring the marriage null


and void, the Defendant-Wife’s repeated verbal and physical abuse
(mischief and malicious behavior) against her brother committed
during such marriage. There is also failure, according to her, on the
part of the said Defendant-Wife to comply with the latter’s obligation
enshrined in the family code mandating husband and wife to observe
mutual love, respect, and fidelity among others.

The claim for unsound mind by Perperanda Pinependot is


anchored upon the Certification by United States Department of
Veterans Affairs issued after the honorable discharge of Hirminigildo
from the navy and before he got married to herein Defendant-Wife.

The medical records of the said husband reveals that he


has been suffering from delusional disorder, chronic schizo-affective
disorder and post traumatic stress disordered which are all indicative
of unsoundness of mind. Such mental condition is alleged to have
been existing at the time of the celebration of their marriage.
Not long after marriage, it was also the allegation of
Perperanda, that there has been repeated verbal and physical abuse
committed by Defendant-Wife against the Hirminigildo as witnessed
by responsible members of the barangay

Also, it is alleged that Hirminigildo is presently being


detained by the Defendant-Wife in an undisclosed place. But every
now and then, said wife would release Hirminigildo for the purpose of
withdrawing his monthly compensation from the US government, and
that such money is used by the exclusively for her own and for her
paramour

II. ISSUE OF THE CASE

Should the marriage be declared null and void on the allegation


that in this case that the Petitioner-Husband is of unsound mind at
the time the marriage was celebrated?

III. ARGUMENTS and DISCUSSIONS

Marriage is the cornerstone of Philippine society and an


inviolable social institution, such that, separation, annulment or
declaration of nullity of marriage can only be based on grounds
stated by law and only when evidence sufficiently establish the
absence or presence of the defect in the contract of marriage.

In this case, the findings and testimony of Dr. Zalsos, holding


that Petitioner-Husband is of unsound mind at the time of the
celebration of marriage must be considered, since it goes into the
essential requisites of the validity of marriage - the capacity of one
of the contracting parties to give his consent

Marriage, being a special contract protected by law is still a


contract within the contemplation of law. Hence, like any other
contract, it requires the element of consent or capacity to give
consent for its validity. Absent that, the marriage, though celebrated,
would have be voided for lack or absence of an essential element.

Pursuant to our Family Code, if either party was of unsound


mind, the marriage would have to be annulled. Unless such party
after coming to reason, freely cohabited with the other as husband
and wife

Based on the evidence presented, there exists sufficient factual


or legal basis to conclude that Hirminigildo, the Petitioner-Husband
was of unsound mind at the time the marriage was celebrated

The medical records submitted explains in reasonable detail


how his condition could be characterized and equated as a person
who has an unsound mind, and that that such existed at the time of
his marriage with the Defendant-Wife

The report also shows the gravity or seriousness of


Hirminigildo’s condition, which in certainty, could have affected his
carrying out of the essential marital obligations. His condition is
sufficiently described in Dr. Zalso's report

The findings contained in that report is supported by factual


and scientific basis. Such evidence is believed to be sufficient enough
to establish unsoundness of mind on the part of Hirminigildo and
therefore as a valid ground, would annul their marriage

It is true that marriage is an inviolable social institution and the


foundation of the family, but that protection of law extend only to
parties who mutually entered into that contractual relation, unlike in
this case where it is sufficiently shown that one of the contracting
parties is incapable of giving his consent at the time he got married
because of unsoundness of mind

PRAYER

WHEREFORE, it is respectfully prayed for this Honourable court


to GRANT the petition and annul the marriage filed under Article 45
(2) of the Family Code.

Other just and equitable relief under the foregoing are likewise
being prayed for.

Respectfully submitted.
Manila Philippines, September 10, 2017

By: ATTY. TIMOTHY MARK G. MADERAZO


Maderazo and Delgado and Razon Law Firm
#7 Blumentritt St Guimbal, Iloilo
PTR No. 1247838 1-20-2012 Davao City
IBP No. 911117 1-21-2012 Davao City
Roll No. 07218
Copy Furnished:

ATTY. KINS PUGAY


Counsel for Defendant
Unit 1200, Tall Building Condominium,

Tabuk City, Kalinga