Annulment of Marriage in the Philippines

What is annulment of marriage?

Annulment of marriage in the Philippines, strictly speaking is the declaration of a marriage
null and void. It is retroactive in character; meaning, the effects go back to the first day you
were married. It is also important to bear in mind that annulment of marriage must be
based on specific grounds. Without the grounds for annulment being present and existing
before the celebration of the marriage, annulment cannot prosper.

What are the grounds for annulment of marriage?

Annulment of a marriage should be rooted on the specific grounds enunciated in law
and jurisprudence. The grounds are:

1. Absence of Parental Consent. A marriage was solemnized and one or the other party was
eighteen (18) years of age or over but below twenty-one (21) and consent was not given by
the parents, guardian or person having substitute parental authority. The Petition of
Annulment must be filed within five (5) years of having attained the age twenty-one.
However, if the parties freely cohabited with the other as husband and wife after having
reached the age of twenty-one (21) a Petition of Annulment can no longer be filed.

2. Mental Illness. One or the either party was of unsound mind at the moment of the
marriage. But if the parties freely cohabited with each other after he or she came to reason
the law prohibits the filing of a Petition.

3. Fraud. That the consent of either party was obtained by fraud, unless such party once
having knowledge of the fraud freely cohabited with the other as husband and wife. The
petition must be filed within five (5) of finding out the facts of the fraud.

4. That the consent of either party was obtained by force, intimidation or undue influence.
Except when the same has ceased and the party filing the petition freely cohabited with the
other as husband and wife. The injured party must file within five (5) years from the point
in time the force, intimidation or undue influence disappeared or came to an end.

5. One or the other party was physically incapable of consummating the marriage, and such
incapacity continues and appears to be incurable. The filing of the Petition of Annulment
must be filed within five (5) years after the marriage.
6. Either party was at the time of marriage afflicted with a sexually-transmitted-disease
(STD) found to be serious and seems to be incurable. This may also constitute fraud. The
filing of the Petition of Annulment must be filed within five (5) years after the marriage.

What are the grounds for declaration of nullity of marriage?

1. Minority (those contracted by any party below 18 years of age even with the consent of
parents or guardians). The reason behind this is because minors are incapable of giving
consent in entering into the contract of marriage.

2. Lack of authority of solemnizing officer. Marriages solemnized by any person not legally
authorized to perform marriages are void. Unless, such marriages were contracted with
either or both parties believing in good faith that the solemnizing officer had the legal
authority to do so.

3. Absence of marriage license. Lack of marriage license may void a marriage unless it is
one of the marriages where a license is not required by law.

4. Bigamous or polygamous marriages.

5. Mistake in identity. The mistake in identity should be a belief on one party that the
person he or she is marrying is totally a different person from what he believed he or she is.

6. After securing a judgement of annulment or of asolute nullity of mariage, the parties,

before entering into the subsequent marriage, failed to record with the appropriate
registry the: (i) partition and distribute the properties of the first marriage; and (ii)
delivery of the children’s presumptive legitime.

7. Incestous marriages between ascendants and descendants of any degree, between

brothers and sisters, whether of the full or half blood.

8. Void by reason of public policy. Marriages between (i) collateral blood relatives whether
legitimate or illegitimate, up to the fourth civil degree; (ii) step-parents and step-children;
(iii) parents-in-law and children-in-law; (iv) adopting parent and the adopted child; (v)
surviving spouse of the adopting parent and the adopted child; (vi) surviving spouse of the
adopted child and the adopter; (vii) an adopted child and a legitimate child of the adopter;
(viii) adopted children of the same adopter; and (ix) parties where one, with the intention
to marry the other, killed that other person’s spouse, or his or her own spouse.

9. Psychological Incapacity. Psychological incapacity, which a ground for annulment of

marriage, contemplates downright incapacity or inability to take cognizance of and to
assume the basic marital obligations; not a mere refusal, neglect or difficulty, much less, ill
will, on the part of the errant spouse. The psychological incapacity must be existing before
the celebration of the marriage even if it only manifested after they were married.

How much will it cost you if you pursue an annulment case in the Philippines?
The cost varies a lot because of the many variables at play. To give you at least a run-down
of the expenses, here it is:

Operational Costs of the Case:

 Filing Fees – about Php6,000.00 (but would depend if there are properties owned by
the couple)
 Service of Summons - about Php1,000.00
 Publication – about Php5,000.00 (if there is a need to publish the summons if it
cannot be served personally)
 Transcript of Records – about Php1,500.00 (if there are about two (2) witnesses
that will be presented)
 Mailing expenses – about Php1,000.00
 Photocopying expenses – about Php500.00
 Psychologist/Psychiatrist – Php10,000.00 to Php 30,000.00 (if the ground for nullity
of marriage is psychological incapacity)
 Estimated Operational Expenses – Php25,000.00

Please note that these are merely estimates and may not be true in all cases. These items and
values should only be used as a reference on fees you may encounter in having your marriage
annulled in the Philippines.

Attorney's Fees
Attorney’s fees would depend on various factors like the difficulty of the case, whether or
not an opposition will be filed, the place where the case will be filed and others.
 “P E T I T I O N

PETITIONER x x x, by counsel, respectfully states:

1. Petitioner is xxx years old, born on xxx, old and a resident of xxx City.elo

Petitioner is a graduate of Bachelor of Science in xxx from the xxx. He had completed
various relevant training in his field that catapulted him to the coveted position of Chief
Mate at a very young age. Petitioner was the ship captain at the age of xxx years of the
xxx, where he took of his training in his field.

Attached as Annex “A” hereof is a copy of the Bio-Dataof the petitioner for ready
reference.

2. The respondent xxx is xxx years old, born on xxx, and a resident of xxx City, where she
may be served with summons for the instant case.

Respondent finished xxx at a school in xxx. While petitioner knew that respondent was
employed with xxx from xxx to xxx, he has no knowledge of respondent’s present
employment, if any.

3. Petitioner has been employed at the xxx Corporation from xxx until present. He was a
Deck Cadet from xxx to xxx; Third Mate from xxx to xxx; Third/Second Mate from xxx
to xxx; Second Mate / Chief Mate from xxx to xxx; and Chief Mate from xxx to xxx. He
holds the record of being the youngest ship captain at a young age of xxx years old of the
xxx Corporation.

4. Petitioner had a son out of wedlock, during his bachelor years. The son is xxx, xxx years
old, born on xxx, xxx grade pupil. Petitioner has been the one providing financial
support to xxx through remittances deposited in a bank.

Attached as Annex “B” is a copy of the Certificate of Live Birth of xxx.

5. Petitioner and respondent first met sometime in xxx. They initially became text mates
from xxx to xxx of that year when one of Petitioner’s college classmates gave him
Respondent’s mobile number. However, they eventually lost contact starting xxx
because Petitioner had to undergo a seaman-training course at the xxx Institute xxx
where mobile phones are not allowed while in the duration of the training. By xxx,
Petitioner was able to successfully finish his training course and resumed his
communication with the Respondent. In the same month of xxx, Petitioner and
respondent met for the very first time in xxx and engaged in pre-marital sex on the same
day.

6. Since then, petitioner and respondent saw each other once every week. They were
already sweethearts when petitioner boarded a vessel as Desk Cadet in xxx for
hisfirst work contract. Their relationship continued via long distance, with constant
calls and emails. In xxx, petitioner had his vacation in the Philippines. It was then when
he introduced the respondent to his family. The latter warmly accepted the respondent.
7. In xxx, respondent started to stay at the house of the petitioner, with petitioner’s
parents and siblings. Petitioner’s siblings started to notice that petitioner and
respondent often engaged in verbal arguments over petty matters. They would shout at
each other and no one would want to back off. Petitioner expected the respondent to
give in during fights but respondent would even get angrier than him, not wanting to
lower her voice.

8. Moreover, Petitioner discovered that Respondent is the dominant and controlling type.
She wanted things her way and would be very angry when her wants are not granted.
Petitioner realized that he and respondent are incompatible to each other. He already
wanted to separate from her but he could not do so when she broke the news that she
was already pregnant with their child.

9. Petitioner and respondent eventually got marriage to each other on xxx, despite the
uncertainties already entertained in the mind of the petitioner, because petitioner had
asked the permission of the respondent’s mother for the said marriage. After the
nuptial, the couple continued to establish their dwelling place at the house of
Petitioner’s parents.

Attached as Annex “C” hereof is a copy of the

Certificate of Marriage of the parties.

10. While living together as husband and wife, petitioner found out that respondent was a
very jealous and suspicious woman. Whenever Petitioner arrived home from his
training, Respondent would check his belongings, especially his mobile phone, for any
evidence of a probable infidelity on his part. She suspected him of having an illicit affair
with his former girlfriends, particularly with the one whom he had sired a child out of
wedlock. While petitioner admitted that he had a son prior to meeting the respondent
and he had flings before; he no longer engaged in such flings after his wedding with the
respondent. However, respondent did not believe the petitioner and she grew all the
more suspicious of his actions, accusing him of infidelity even if she has no concrete
basis at all.

11. Despite the fact that their marital relationship was already in shambles as they
continue to engage in heated argumentation and fights, the supposed child of the
parties, xxx was born on xxx.

Attached as Annex “D” hereof is a copy of theCertificate of Live Birth of xxx.

12. Petitioner observed the distance that developed

between him and xxx. At first his attributed the said distance due to his overseas
employment. Petitioner was often told that the features of xxx are starkly different from
his. Finally, he decided to subject xxx and himself to DNA to ascertain his paternity of
the said child.
 The differences in the facial features of the petitioner and Xxx Xxx are readily visible in
the attached picture of the petitioner and xxx taken recently in xxx (Annex
“E” hereof).

13. Much to the petitioner’s dismay, the DNA result

conducted on Xxx Xxx and himself shows that
“xxx is not the biological father of xxx”.

Attached as Annex “F” hereof is a copy of the

abovereferred DNA Result conducted by the xxx on xxx.

14. Prior to the birth of xxx, petitioner again

boarded a vessel with a position of Third Mate from xxx to xxx for his second work
contract. This time, respondent started to nag him about financial support to the point
that his work on board was already being affected. She demanded more money from the
petitioner and was questioning the support he is giving for his siblings’ education.
Petitioner argued that prior to getting married; he had already cleared this with the
respondent. He told her that he will still support his siblings who sacrificed their
education for him to graduate first so that he can have a job. Supporting them was his
way to pay them back for their sacrifices. However, respondent took this negatively and
would demand more financial support even if petitioner was also giving to her family
whenever needed. Respondent would even pick up a fight with Petitioner’s youngest
sibling with regards the financial remittances. Despite the objection of the respondent,
petitioner continued to finance the education of his siblings to compensate them for
their sacrifices they underwent for his education.

15. Petitioner has been regularly sending adequate

amount of monetary remittances to the respondent. His monthly financial allocations
were initially amounting to PHP xxx, until it increased to PHP xxx. At present, he is
sending PHP xxx to the respondent and xxx on a monthly basis. Despite these amounts,
respondent is not yet satisfied and even demanded more. She once told the Petitioner
that she must receive PHP xxxx when he is a third mate, PHP xxx as second mate, PHP
xxx as chief mate and PHP xxx as captain.

16. When Petitioner boarded the vessel with a position

of Third Mate, promoted to Second Mate, from xxx to xxx, for his third work contract,
Respondent transferred location to xxx because she did not want to live with his parents
and siblings. In the same year, respondent asked PHP xxx from the petitioner
supposedly for the heart operation of xxx. The following year, she asked PHP xxx from
him for follow-up operation of the child xxx. Petitioner had incurred debts just to raise
such amount in order to improve the health condition of the child xxx. Later on,
however, Petitioner inquired at the xxx Hospital with regards the child’s record and was
shocked to learn that no operations were performed for the child. In fact, the child has
no record of consultation on the said hospital. It was then when Petitioner started to ask
the respondent where his hard-earned income was spent on through the years.

17. By hindsight, petitioner feels having gravely

 victimized by the respondent thru huge faked hospitalizations of the child
xxx, who was subsequently tested as not belonging to the petitioner.

18. When Petitioner took his vacation in the Philippines

in xxx, he no longer stayed with the respondent in xxx. They were already separated
during this time although he still visited the child xxx in xxx whenever he had no
training in the shipping company for his second mate examination. During his visits, the
estranged couple still engaged in sexual intercourse.

19. In xxx Petitioner boarded a vessel as Second Mate, promoted to Chief Mate, for
his fourth work contract. He then met another woman, named xxx and engaged in an
illicit affair with her. The following year, xxx, Petitioner and xxx sired a child named xxx,
to whom the petitioner also extends financial support as his child.

20. Petitioner returned for a vacation in the Philippines

in xxx. Petitioner and Respondent were able
to find ways to reconcile to the marriage between the parties another chance. He
thought that the latter would change for the better but he was just disappointed at her.
Petitioner was then reviewing for his examination as chief mate while Respondent was
questioning the huge amounts he was paying for the review. She was also demanding so
much time from him amidst the review. To address the complaint of the respondent,
petitioner asked her to leave Xxx and stay with him at his parents’ abode so that they
could be together more often.

21. However, their relationship became worse than

ever, as their incompatibilities surfaced out again. They engaged all the more in heated
arguments and fights even at the presence of his parents and siblings. Petitioner was
unable to sleep due to the extended quarrels with the respondent and he attended his
review classes without sleep. Petitioner lack peace of mind and concentration he
needed for his review. He temporarily found solace in the company of his male friends,
as they engaged in drinking sessions every night, every after review for the chief mate
examination. When he arrived home, he was pestered by the angry respondent who
continually nagged him.

22. Petitioner expected respondent to be caring and thoughtful towards him, but she failed
to look after Petitioner’s welfare. She was cold and apathetic towards his
concerns. Respondent could not even prepare merienda for the petitioner and would
require him to prepare his own merienda. Moreover, respondent continued to be
suspicious of him, constantly checking his belongings upon arrival from his review
classes. Respondent was selfish, jealous and indifferent. Respondent never cared for
the petitioner and his needs.

22. In the early part of xxx, the couple

again engaged in heated fights when respondent refused to allow the petitioner to attend
the wake of his grandmother in xxx. Petitioner could not bring respondent along with
him in the wake because his family and relatives strongly disapproved of her.

23. During heated fights, Respondent would call her

 parents and sister in xxx, crying and seeking for sympathy, which the petitioner hated.

24. Their marital fights became all the more frequent

and intense until Petitioner again boarded his vessel as Chief Mate for the fifth time on
xxx to xxx.

25. While on board, Respondent created a fake

Facebook account of the Petitioner and added most of his friends, including his co-
workers in the vessel. Through the said fake account, Respondent was communicating
with his co-workers, telling them that she and her child was living in a squatter’s area
and are already settling for rock salt as their meals (nagdidildil ng asin). Petitioner was
infuriated upon learning this because he was certain that his financial allocations for the
respondent and the child xxx never waned. He still sends them monetary support on a
monthly basis. Petitioner further gathered that respondent also accused his parents and
siblings of sending her death threats. This became the last straw of their relationship
and petitioner finally decided that it is all over.

26. Petitioner believes that their relationship is already

beyond repair. Petitioner did everything he could to save his marriage with the
respondent, however, their incompatibility along with respondent’s pervasively flawed
character had made it impossible to redeem the relationship. Petitioner narrated It was
in this premise that Petitioner finally decided to separate from the respondent; hence
the filing of this annulment case.

27. The recent finding by the petitioner that the child

xxx is NOT his biological son further
strengthened Petitioner’s desire to severe any remaining ties he has with the respondent
who had lied to him all these years that they were together.

28. The parties do not own any properties, whether real or

personal.

29. The petitioner has engaged the services of the undersigned

counsel, Laserna Cueva-Mercader & Associates Law Offices for the preparation, filing
and prosecution of the instant case.

30. The petitioner had engaged the services of Dr. xxx, Clinical Psychologist, for the
determination ofpsychological evaluation of both parties, who will be presented as
an expert witness in support of the instant petition.

Attached is Annex “G” is a copy of the Curriculum Vitae of Dr. xxx, Clinical
Psychologist.

31. The psychological tests administered by Dr. xxx

on the petitioner were: Revised Beta Examination II;
Bender Visual Motor Gestalt Test; Draw A Person Test; Rorschach Psychodiagnostic
Test ; Sach’s Sentence Completion Test Minnesota Multiphasic Personality Inventory I;
Hand Test; and Self Analysis.
32. Based on the results of the psychological tests and
interview on the parties and corroborator as well as based on the background data
gathered and marital history of the parties, the findings of Dr. xxx are reproduced in the
succeeding paragraphs hereinbelow, culled from the Report of Dr. xxx, M. A., xxx,
attached as Annex “H” hereof, to wit:

“After a thorough analysis of the data presented, it is revealed that the eventual
shattering of the conjugal partnership between xxx and xxx is brought forth by
the psychological incapacitation of the Petitioner and Respondent. They were
both governed by a debilitating psychological conditions, which made them inept to be
actively part of a relationship where mutuality is founded and required. Their attitude
and behavior are all self-centered in nature that both their strivings are largely focused
to cater their pathological needs and demands”.

33. The reported behavioral manifestations of the petitioner

satisfies the criteria of a “PASSIVE-AGGRESSIVEPERSONALITY DISORDER
COMORBID ANTISOCIAL PERSONALITY DISORDER”. This personality
disorder caused the petitioner to be psychologically incapacitated to comply with the
essential obligations of marriage.

34. Dr. xxx characterized the psychological incapacitation of

the petitioner as follows:

Petitioner is regarded as anegocentric and self-centered person who upholds a

sense of entitlement. This being the case, he only thinks of himself and anything that is
in favor of him. He looked down on others, degrading another person’s capacity and
worth, perceiving them on a lower stature than he is. During argumentations, Petitioner
would often tell the Respondent, “ako ang matalino, top notcher ako e…” In return, he
feels superior and indomitable when these are just means to cover up deep-seated
inadequacies and crippling anxiety. Petitioner also has mixed-up priorities in life. To
him, his parents and siblings are more important than his wife and child. Respondent
narrated, “tinatakot niya kaming mag-ina na di daw niya kami susustentuhan, kaya daw
niya kaming kalimutan…mas importante sa kaniya ang kasikatan niya sa family
niya…mas priority niya ang family niya kaysa sa amin.”

Petitioner is described as an emotionally weak-willed man who could not directly

assert himself to the circumstances and people around him. From the very start, he has
reservations about marrying Respondent but still pursued with the wedding when he
could have cancelled the ceremony in the first place. Petitioner narrated, “tinuloy ko po
ang kasal kahit ayaw ko na sana, naisip ko na gusto ko na iatras nag kasal…pero dahil
nakapagpaalam na sa mga magulang namin, itinuloy na rin.” On most occasions while
inside the marriage, Petitioner was not able to stand as the real man of the family as he
lacks the ability to express power and dominion over circumstances. He allowed his
parents and siblings to dictate the terms to him. Instead of being heard as the man, his
decisions are typically without authority and this made him truly incapable of leading
the family. He is always unsure and filled with feelings of inadequacy.
 Petitioner is depicted as a sullen and argumentative person. He is always on the
defensive side of things so much so that his marital relationship has been bombarded
with heated disputes and fights. Petitioner is described as “madaling magalit, madaldal
kapag galit, has a bad temper.” On the onset, he would succumb to existing norms and
standards as these would augment his subjugated disposition and would probably add
quality to his depleted self concept. However, he internally broods hostile and
oppositional feelings which further pave way to his aggressive tendencies and impulsive
predilection when provoked. He lacked adequate control of his emotions and would
direct them towards the Respondent and their child. During marital disputes, Petitioner
was expecting the Respondent to give in during fights but Respondent would even get
angrier than him, not wanting to lower her voice. Petitioner narrated, “pag galit ako,
nasabay siya sa init ng ulo, di siya papatalo sa akin.”

Petitioner sees himself as misunderstood and unappreciated, ill-fated and

demeaned by others. He feels victimized in his situation without seeing where his
shortcomings lie and his own share of negative contributions why his situation come on
such ending and unfortunate condition. Instead, he just believes that others are
seemingly unfair and are taking advantage of him. Petitioner is illustrated as
“masyadong mabait, madaling mapaniwala, masyadong maawain…” Negativistic as he
is, it has always been his way of thinking that other people never saw his sacrifices. He
thinks that he is receiving lesser appreciation than what he deserves, and the
discontented self-image that he has is blamed towards the way other people treats him.
This makes him all the more embittered, disgruntled, and disillusioned in their
relationship.

Petitioner manifested vacillating emotional condition rendering him unstable to

display adequate reactions to relational stimulations. He dithers from being the
acquiescent and contrite type to the impulsive and hostile type. He was never consistent
with the attitude and behavior he has shown towards the Respondent. At one point, he
would be in his passive stance. Petitioner and Respondent saw and communicated with
each other last xxx. However, during this time, Petitioner told Respondent, “hindi po
niya ipapa-annul ang kasal namin dahil mahal daw niya ako…” At another point, he
would eventually feel angry to the extent of threatening the Respondent, even her life. In
xxx, Petitioner blackmailed the Respondent by telling her that he will spread out her
nude photos in his laptop. Respondent narrated, “sa totoo lang po ma’am, natatakot ako
sa mga banta niya dahil alam kong kaya niyang gawin iyon.” Respondent narrated, “I
can prove his text messages na papatayin niya ako, papatayin niya kami…”

Petitioner is pictured as a man who takes his commitments lightly. He is

emotionally elusive when it comes to his marital difficulties so much so that he tends to
act passively just to preserve emotional attachment. He may appear conforming but
inwardly he is filled with scorn and contempt for his own incapacity which he often
expressed outwardly by way of passive-aggression and procrastination. As a result, he
engaged in an illicit affair with another woman. In xxx, Petitioner boarded a vessel for
his fourth work contract. He then met another woman, named xxx, and engaged in an
illicit affair with her. The following year, xxx, Petitioner and xxx sired a child.
 Petitioner lacked adequate insight towards his pathological condition. This being
the case, he failed to evaluate the wrongness of his actions and was unable to profit from
experience. He utilized rationalization mechanism and offers alibis to place himself in
the best possible light, despite his evident shortcomings or failures. He would always put
the blame on the Respondent while defending his impulsive and self-centered ways by
making justifications of his decisions and actions. He would even highlight his pathetic
condition, being the one who passively honors his financial obligations, which
apparently places him in a positive spotlight. However, monetary allocations are only
part of his responsibilities as a husband. He may argue that he was making it big and
successful in his career, but he was actually using this as his scapegoat, allowing his
marital relationship to suffer and emotional bond to really flourish. He was blaming the
Respondent, the situation, and other people, but never himself.

The personality disorder of the petitioner is a by-product of the unfavorable

experiences and negative exposures he had during his childhood and adolescent years.
On those crucial times, he was just on his way of establishing the very core of his person
and was just building the permanent foundation of his personality, serving as the
grounds of his current maladaptive behaviors. Growing up, Petitioner had been
accustomed to obey his parents, along with existing house rules. This being his
childhood conditioning, he had learned the value of obedience and compliance so that
he can be accepted and approved by his perceived society. He desperately tried hard to
prove his worth and this practice of pleasing people made him to repress his own
feelings especially if these are not incongruent with the people he chose to please.

Alongside, Petitioner’s compelling self-interests and needs become stronger as

these gain much control of his actions and decisions. He grew impulsive when it comes
to the immediate gratification of his goals. He became too preoccupied of his own
pleasures that he demanded other people to cater to his every need. His increasing self-
orientation clashed with his debilitating desire to perform in order to be accepted by his
immediate milieu. These are poorly integrated into a passive and self-centered person.
Though he may put up a show of efficiency and obedience, his emotion is deemed
lacking in depth thereby sabotaging his relationships.

As no one was there to curb his defective ways, and help him alter his growing
negativism narcissism during childhood until he entered adulthood, all his erroneous
insight and faulty way of perceiving things made the reference of his current
maladaptive behavioral pattern. He is further found to have no ample consciousness of
his defective behavior which made him laid up to properly function as a responsible,
loving, caring, protective, faithful, trustworthy and understanding husband”.

35. The reported behavioral manifestations of the respondent

satisfies the criteria of a “HISTRIONICPERSONALITY DISORDER WITH
UNDERLYING ANTISOCIAL FEATURES”. This personality disorder caused the
respondent to be psychologically incapacitated to comply with the essential obligations
of marriage.

36. Dr. Xxx characterized the psychological incapacitation of

 the respondent as follows:

“Respondent has a striking sense of entitlement. She is demanding of immediate

compliance to her desires and would want petitioner to meet her expectations. She
always wanted to feel being treated in a way where she plays the upper hand in the
relationship and would still insist on what she wants even if it is already impractical. She
always wanted the attention of the petitioner. She demands for his time and money and
requires that she be immediately appeased though she knew that it impossible to do so.
If her wishes are not heeded, she easily bombards the Petitioner with unnecessary and
pointless naggings that are not helpful in any way. Petitioner discovered that
Respondent is the dominant and controlling type. She wanted things her way and would
be very angry when her wants are not granted. Petitioner narrated, “pag galit ako, lalo
niya ako gagalitin, sasabay siya, kaya ko na lang mananahimik, pakumbaba na lang
ako.” It was then when Petitioner realized that he and Respondent are incompatible to
each other. He already wanted to separate from her but he could not do so when she
broke the news that she is already pregnant with their child.

The respondent’s way of interaction is often characterized by seductive and provocative

behaviors to elicit the response she wanted from man. With her interpersonally
attention-seeking ways, she can be in her flirtatious, vain and exhibitionistic approach
to others especially the Petitioner. They engaged in sexual acts not long after the met
each other personally. She would usually employ dramatic tactics and emotional trap to
manipulate the Petitioner into doing his bidding. She knew that Petitioner would not be
able to stand knowing that their son are ailing, thus by all means she used it against him
to incur money. On the same year, Respondent asked PHP 300,000 from the Petitioner
apparently for their child’s heart operation. The following year, she asked PHP 400,000
from him for follow-up operation of their child. Petitioner had incurred debts just to
raise such amount in order to improve the health condition of their child. Later on,
however, Petitioner inquired at the Baguio Hospital with regards the child’s record and
was shocked to learn that no operations were performed for the child.

She is an egocentric and pleasure oriented person. She is selfish and only thinks
of her own comfort and happiness, even at the expense of her marriage and family. She
is reluctant to give up selfish indulgence and failed to be responsible enough to attend to
her duties. Arguments would ensue since she wanted every dime of Petitioner’s income
though she knew that he also had responsibilities with his siblings. She is unwilling to
share and questions the Petitioner if he ever gives support to his family. Yet Petitioner
would also be disappointed since she never saved any remittances that he sends to her.
She demanded more money from the Petitioner and was questioning the support he is
giving for his siblings’ education. Petitioner argued that prior to getting married; he had
already cleared this with the Respondent. He told her that he will still support his
siblings who sacrificed their education for him to graduate first so that he can have a
job. Supporting them was his way to pay them back for their sacrifices. However,
Respondent took this negatively and would demand more financial support even if
Petitioner was also giving to her family whenever needed. Respondent would even pick
up a fight with Petitioner’s youngest sibling with regards the financial remittances.
Petitioner narrated, “dahil lang sa biruan, nagkakaaway sila ng kapatid kong bunso,
pikon kasi siya (respondent).” Despite Respondent’s protests, Petitioner continued to
finance the education of his siblings.

She lacks empathy and is unwilling

to consider the feelings of other people especially the Petitioner. She utilizes
rationalization mechanism to justify her own transgression and blames everything to the
petitioner. Her blindness of her own fault made changes impossible in the marriage
since she is not inclined to wear the shoes of the Petitioner. She demands, carps and
argues just to get what she wants without being sensitive that Petitioner has his own
needs too. She wanted to come in sight as the victim just to make light of her own
misdeeds in the marriage wherein fact it was her poor decisions that has put her in the
position.

She is deceitful woman who is not fettered by any moral obligation to create lies for her
personal gains or profit. Always aiming to alleviate herself, she lied regarding the
identity of her child and passed it on as the son of the Petitioner to trap him into
marrying her. She never cared for the well-being of her son or the Petitioner knowing
that the scores of lies she created will affect both of them. In the past years that they
were together, she kept to herself the knowledge that Petitioner is not the biological
father of her son yet she asserted herself like a fishmonger wife’s who always demanded
for support.

The personality aberration that respondent is suffering from has its initial course during
the crucial developmental phase in her life—childhood and adolescent years—where
negative experiences and child-rearing practices severely affects the personality
development. In the case of the Respondent, she grew up without a father figure since
her parents separated when she was a baby and he never communicated with them
again after he left them. Looking at the picture, the young respondent has developed a
strong sense of insecurity and inadequacy in absence of fatherly affection that she needs.
Hence, she grew up compensating for this insecurity by engaging in relationship with
men by being seductive and provocative in the hopes that they could fill the void that
she has inside only to be always disappointed since they always falls short to her high
expectation. She never realized that they would never fulfill or quench the emotional
insecurity that she has.

Along with this is the lack of fatherly affection comes the lack of adequate discipline and
guidance from her mother who was lenient in her ways with them especially the
respondent. Albeit that they were not financially well off, her mother indulges her whim
and allows her so much freedom to do what she wants. Punishment and sufficient
disciplinary measures were not provided to her leaving the young respondent with the
defective notion that she has the liberty to do what she wants. Later on, with the excess
freedom given to her, she has come to believed that she could use anyone at her own
disposal, without care for his or her feelings and emotions. Since she grew up perceiving
herself so deprived of love, she compensates later on by asserting her bloated self-
esteem to people. She became vain, materialistic and demanding as her way to appease
whatever ineptitude she has. Enjoying a rather unfettered life due to the absence of
effective caretakers, she became dominant and demanding, as well as stubborn in
 insisting for what she wants no matter how impractical it could be. Respondent did not
learn to be submissive, that she would do things without giving consideration on how it
might affect others or her relationships.

With this, due to the absence of proper guidance, and effective disciplinary
means, respondent grew up embracing these maladaptive responses and turning them
as the pillars of her personality”.

37. Dr. xxx concluded that the respective

psychological incapacities of the petitioner and respondent speak
of antecedence because such “flawed personality began before they entered marriage
and manifested only thereon”.

38. Dr. xxx described the respective psychological

incapacities of the petitioner and the respondent as “GRAVE, PERVASIVE, SERIOUS,
SEVERE, and PERMANENT rendering it totally beyond repaid despite available
treatments and intervention considering the severity of petitioner’s and respondent’s
aberrant psychological conditions, which makes reconciliation very difficult and
impossible”.

39. Quoted hereunder is the pertinent part of the

Report of Dr. xxx, viz:

Since the psychological aberration of the Petitioner and Respondent stemmed early in
their lives, these have been engraved into their system making their functioning and
adjustments highly defective. Being an integral part of their wellbeing, such disorders
are considered to be grave, pervasive, serious, severe and permanent rendering it totally
beyond repair despite available treatments and intervention. Likewise, their
psychological incapacitations are noted to be of juridical antecedence – meaning - such
flawed personality pattern began before they entered marriage and manifested only
thereon. Considering the severity of Petitioner and Respondent’s aberrant psychological
conditions, reconciliation is found to be very difficult and impossible”.

40. The diagnosed psychological incapacities of both

the petitioner and the respondent prevent them from mutually performing
their marital duties to each other. In support of this, Dr. xxx states:

“Erstwhile couple, xxx and xxx, could never live together harmoniously as authentic
husband and wife with the psychological incapacitation of both of them. The hope of
reconciliation with the hope of a functional or normal marital union founded on love,
respect, trust, support and commitment is viewed to be uncertain and impossible as
these essential attributes of marriage never existed from the start of the relationship”.

41. Dr. xxx thus recommends that the marriage

between the parties be declared null and void based on the established psychological
incapacitation of both the petitioner and the respondent as follows:
“Hence, with much consideration to the findings and discussions made, the undersigned
psychologist humbly requests to this Honorable Court that their marriage be declared
null and void, on the account of Petitioner’s psychological incapacitation”.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that the marriage

of the parties be declared null and void from the beginning under Article 36 of the
Family Code.

Petitioner also prays for other reliefs as may be deemed just and equitable in the
premises.
Las Pinas City, xxx.

LASERNA CUEVA-MERCADER
& ASSOCIATES LAW OFFICES
Counsel for the Petitioner
Unit 15, Star Arcade, C. V. Starr Avenue
Philamlife Village, Las Pinas City
Tel. Nos. 872-5443; 846-2539
Fax No. 846-2539

X x x.

VERIFICATION AND ANTI-FORUM SHOPPING CERTIFICATION

X x x.

x x x."