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Republic of the Philippines

REGIONAL TRIAL COURT


First Judicial Region
Branch _____
Baguio City

JOEY DICHOSO,

CIVIL CASE NO. _______

Petitioner
-versus

FOR:

JENNY H. DICHOSO,

DECLARATION OF NULLITY

Respondent,

OF MARRIAGE

x-------------------------------------------x
PETITION
WITH ALL DUE RESPECT.
Petitioner, by counsel, to this Honorable Court, respectfully
states:
1. Petitioner, JOEY DICHOSO, is of legal age, Filipino citizen and
a resident of Poblacion, Mankayan, Benguet, where he may be
served with summons and other court processes;
2. The Respondent JENNY H. DICHOSO, is likewise of legal age,
Filipino citizen, and a resident of Cypress, Irisan, Baguio City,
where she may be served with summons and other court
processes;
3. Petitioner JOEY DICHOSO and Respondent JENNY H.
DICHOSO (referred as herein as Parties) entered into a
contract of marriage on October 30, 1998 at the Office of the
Municipal Mayor of Alilem, Ilocos Sur, solemnized by Hon.

Samson E. Bangaoil. A copy of their marriage certificate is


hereto attached as Annex A;
4. The parties begot three children. Copies of their childrens
certificates of Live Birth is hereto attached as Annex
B, C and D;
5. Petitioner and Respondent met sometime in January 1997 at
the Regional Training Center, Teachers Camp, Baguio City
where they were both police trainees. In the evening when they
first met, Petitioner and Respondent together with their friends
went out for a karaoke;
6. The Petitioner and Respondent became romantically involved
immediately after the Karaoke night through the matchmaking
efforts of their companions. This situation went on for several
occasions;
7. Not long after, their sexual encounters resulted to the
respondent getting pregnant;
8. When their superior came to know that herein Respondent got
pregnant, they pressured the Petitioner to either marry
Respondent or be discharged from service. Likewise, the
relatives of the defendant put pressure on him by warning him
not to put their family in disgrace and humiliation;
9. Even before their marriage, the Petitioner had observed that the
Respondent displayed eccentricity and irresponsibility to the
extent that she oftentimes would not care for his feelings.
However, in the hope that the Respondent would change once
they get married, Petitioner gave in to the pressure of marrying
the Respondent despite not knowing her too well;
10.

At the time of the celebration of their marriage,

Respondent was suffering from psychological incapacity and

not truly cognitive of her marital obligations. The facts and


circumstances being that:
a. During their relationship before the marriage, Jenny was a
party girl. After quitting on becoming a police officer, she
often went out with friends to drink until the wee hours of
the nights in various bars in Baguio City. She would often
go out together with her friends to meet new guys;
b. Jenny showed signs of "immaturity and irresponsibility" as
a wife and a mother. She preferred to spend more time
with her peers on whom she squandered her money.
Petitioner thought that after they got married, Jenny will
change, and become responsible in handling a married
life. But instead, during their marriage ,Jenny continued
to have hard drinks with male companions on the beach
or in the compound of Col. Hombrebueno, Jennys father,
if the former is not around. She drinks with male
companions at least three times a week. Their children
were only attended to and taken care of by the yayas;
c. Respondent is also an incorrigible liar. Many times during
their marriage, the Respondent lied to the Petitioner
regularly almost about everything. Sometime in 2000, the
Respondent lied about getting a job as an insurance sales
agent. Numerous times, the Respondent told the
Petitioner that she was going to work, while in fact, she
just went to her parents house to drink and play mahjong
with her friends. When the Petitioner confronted her about
the matter, Jenny threw a fit and told him that she wanted
to do anything she likes with her time just like before they
got married;

d. Respondent is also too dependent on her father that all


her decisions in life should be in conformity with those of
her fathers. Jenny does not have the ability to decide on
her own regarding most of her decisions in life.
Apparently, her decision to marry petitioner was also
largely because her father persuaded her to. Moreover,
every time there was something that the couple had to
decide on, she had to consult with her father. This almost
always led to violent arguments between them;
e. Furthermore, although the Petitioner and the Respondent
have their own house, the latter would oftentimes leave
their house to stay at her parents house for several days
because, according to her, she couldnt sleep peacefully
in their house and that she oftentimes felt suffocated
there. She often left the children in the care of their
yayas;
f. During the time they were still living together, Petitioner
and Respondent appeared to be strangers forced to be
with each other. Instead of becoming a home, their house
felt like a prison. They almost never had a meal as a
couple. Respondent never cooked for the Petitioner nor
for their children;
g. When the parents of Jenny immigrated to the United
States, she wanted to go with them, so she always
expressed her desire to leave for the United States. She
even expressed her willingness to leave her own family to
be able to go the United States. This also led to frequent
quarrels between them. Finally, she kept her word and left
for the United States with their three children, abandoning
the petitioner. They have not been living together for
almost

eight

(8)

years

since

the

Respondent

unceremoniously

abandoned

their

conjugal

home

sometime in 2004;
11. Petitioner tried everything possible to persuade respondent to
change for the better specially her violent personality so that
they could build their family, live together harmoniously as
husband and wife, fulfill their marital vows and discharge their
reciprocal obligation to consummate the essential duties of their
union in order to establish a happy home.
12. However, all such pleas by Petitioner were unheeded as
respondent was not willing to be a wife to him and a mother to
their children. Respondent was not ready to take the
responsibilities and was not prepared to live in a harmonious
and peaceful union with Petitioner;
13. Petitioner engaged a clinical psychologist, Dr. Fhely Layogan,
who conducted a psychological evaluation on the ability of
respondent to cope with the essential obligations of marriage.
After

the

evaluation,

respondent

was

found

to

be

psychologically incapacitated to perform the essential marital


obligations borne from her immaturity, which affected her sense
of rational judgment and responsibility;
14. As found out by clinical Psychologist, Respondents behavioral
patterns were affected during his early developmental years
where she was raised and exposed in an unfavorable
environment;
15. The psychiatric illness of the defendant is serious and incurable
because it is deeply ingrained in her personality and that such
illness originated from parental over indulgence or over
protection especially coming from the parent of the opposite
sex her father. The fact that her mother was assigned to work
abroad provided the fertile environment for the illness to

develop. The absence of the mother during her developmental


years deprived her of the needed guidance on how to be a
good wife. This was apparent in her married life;
16. These traits reveal her psychological incapacity under Art. 36 of
the Family Code of the Philippines and is more appropriately
labelled

Histrionic

Personality

Disorder

coupled

with

Dependent Personality Disorder associated with severe


inadequacy that renders her psychologically incapacitated to
perform the duties and responsibilities of a wife ;
17. The psychological make-up of petitioner and respondent is
explained in greater detail in the Clinical Assessment Report
(Report) dated 28 December 2013, a copy of which is
attached as ANNEX E;
18. That the psychological incapacity on the part of the defendant
was already existing and manifest even before the celebration
of the marriage, but Petitioner thought it will disappear during
the marriage; however, it subsisted and got even worse;
19. That said psychological defect or illness is grave, serious and
incurable;
20. 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 by
being psychologically immature and failing to perform her
responsibilities as a wife;

21. That the parties did not acquire any property and there are no
known creditors who will be prejudiced by the declaration of
nullity of their marriage should the Honourable court grants this
petition, hereto attached as Certificate of Non-Property,
Annex F.
PRAYER
WHEREFORE, it is most respectfully prayed that judgment be
rendered declaring the nullity of the marriage of Petitioner with the
Respondent pursuant to Article 36, and the annulment of the same
marriage based on Article 45 (5) of the Family Code of the
Philippines.
Other reliefs and equitable under the premises are also prayed
for.
January 30, 2015 Baguio City, Philippines

LK LAW FIRM
Suite 204, Puso ng Baguio
Session Road, Baguio City
By:
DIAMOND SUPNET KELSCH
IBP: 994543, 2/17/13, Baguio City
PTR No. 23434, 1/16/13; Baguio City
Roll No. 34534, 4/8/12; Manila
MCLE Compliance No. IV-443456, 7/7/14; Baguio City
Telefax No. (074) 442 -3495-08653, Mobile no. 09173435235
LAUREL LIMNMAYOG
IBP: 99434543, 2/17/12, Baguio City
PTR No. 23434, 1/16/12; Baguio City
Roll No. 34534, 4/8/11; Manila
MCLE Compliance No. IV-45546, 7/7/14; Baguio City
Telefax No. (074) 442 -3495-08653, Mobile no. 09394354456

Copy Furnished:
Office of the City Prosecutor (Personal Service)
Justice Hall, Baguio City

Office of the Solicitor General (Registered Mail)


134 Amorsolo St. Legaspi Village
1129 Makati City, Metro Manila

EXPLANATION
A copy of the foregoing PETITION was sent through registered mail
to the office of the Solicitor General due to the distance, and
manpower constraints.

VERIFICATION/CERTIFICATION
I, JOEY DICHOSO, of legal age, married, Filipino, and a
resident of Poblacion, Mankayan, Benguet , after being duly sworn in
accordance with law, depose and 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. That I have read all the contents thereof;
4. That the allegations constrained therein are true and correct of my
personal knowledge
5. That I have not commenced any other action or proceeding involving
the same issues or matter in any court, tribunal or quasijudicial agency and, to the best of our knowledge, no such
action or processing is pending therein,
6. That if I should thereafter learn that the same or similar action or
proceeding has been filed before the Supreme Court, Court
of Appeals, or any other tribunal or quasi-judicial agency, I
undertake to report such within five (5) days therefrom to the
court wherein the original pleading and sworn certification
contemplated herein has been filed
IN WITNESS WHEREOF, I have hereunto set my hand this 18
day of January 2015 in the City of Baguio.

JOEY DICHOSO
Affiant
Social Security System No. 23455345643
Issued in Baguio City
SUBSCRIBED AND SWORN to before me this 18 day of
January 2015 at Baguio City, Philippines, by affiant who exhibited
competent evidence of identity bearing his photograph and signature
the specifics of which are indicated below his names

Doc. No. ___;


Page No. ___;
Book No.___;
Series of 2015.

ATTY. LAUREL LIMNMAYOG


Notary Public until Dec. 2013
PTR No. 2162937/ 5-10-12
Baguio City