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ASSAD S. ALRAMAH,
Respondent.
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MEMORANDUM
This is a petition for declaration of nullity of marriage under Article. 36 of the Family
Code.
Copies of the Petition were sent by personal service to the Office of the Solicitor General
and to the Office of the City Prosecutor.
Because the respondent is a foreigner, of Arab Nationality and is not a resident of the
country, summons upon the respondent was served by publication. However, prior thereto,
summons was served at his last known residence and thereafter, petitioner caused the service
thereof by publication in a newspaper of general circulation.
After the summons and copy of the petition were published, the Court issued an Order
directing the Office of the City Prosecutor to conduct an investigation whether or not collusion
was present in the filing of the petition; whereupon, Assistant City Prosecutor Nonilon L.
Tagalicud was directed to conduct investigation as to whether or not collusion exist between the
parties in the filing of the instant petition.
In his report dated June 13, 2012, which Assistant City Prosecutor Tagalicud submitted to
this court, he stated that " there appears to be no collusion between the parties ".
Thereafter, pre-trial conference was set and terminated on May 13, 2013 admitted fact/s
was stipulated, issues were defined and the documents were marked, After the pre-trial of this
case, trial on the merits ensued.
Page 02.
From the evidence, testimonial and documentary, adduced by herein petitioner, it appears
that the petitioner and respondent met each other sometime year 2000 while working as a
waitress in a restobar in Mabini. Respondent and his foreigner friends, all Saudi Nationals, were
customers then.
He was instantly attracted to the petitioner who was very young at age 22
while he was twice her age. On the other hand, she was attracted to him because she was treated
very special by him, showering her with gifts and attention and his generosity extended not only
to her but to her family as well. Hence for two years, whenever respondent would be in the
country for brief vacations, he saw her several times and courted her to no end.
Petitioner was persuaded. In May 19, 2002, they married, even though she knew he was
already married, he being a Muslim. She did not convert to Islam and has to date remained a
catholic. After their marriage, he bought a condominium unit in Pasig City on installment, where
they stayed. Being a foreigner, he would only be here for several days, and be back to his
country where his business and livelihood was. He would be away for months until his next visit
to the country and be with petitioner again.
Respondent likewise testified on the different situationers when she and respondent were
still living together, such as:
a.)
b.)
Respondent was a manipulative, controlling man and in the extreme would even
resort to emotional blackmail, even threatening to kill or hurt himself, to get what
he wants;
c.)
d.)
e.)
Respondent did not honor and comply with the basic marital obligations of mutual
love, respect and support as enumerated in Art. 68 of the Family Code;
f.)
Respondent had completely abandoned her since the latter part of 2004 up to the
present.
Page 03.
As a result of respondents psychological incapacity their marital life was characterized
by constant quarrels & misunderstandings whenever respondent was around even for a few days.
When he is abroad, he checks on her every hour on the hour and even verifies if she is already at
home by asking her to open the television set or radio or talk with the maid. He was irrationably
the jealous type and would imagine she had a boyfriend. Worse, he only leaves her enough
money for food and payment of monthly bills and not for sudden or unanticipated emergencies
so that when she is sick or her sickly mother needed to be brought in the hospital or for whatever
emergency situation, she does not have money to spend. Much as she would like to earn her own
money, respondent prohibited her from working.
In court, in answer to the query, but when you finally live together with him?, she
responded, Wen we live together, he treated me differently, he was very demanding. Palagi po
siyang lumalabas, umiinon sa mga bar, siempre po nagagalit na ako dahil umuuwi sya ng
madaling araw tapos magtatalo po kami then magdedemand po sya ng sex kahit na umiiyak po
ako. May time po na kahit mayroon ako, gagalawin niya rin po ako. Masyado pong nabababoy
napo ako.
On cross examination, the prosecutor was able to elicit the following information from
the witness:
1.
That he wanted her to convert to become a Muslim but because they were always
quarreling because of cultural and religious differences, she did not convert;
2. That petitioner always felt that she was his possession so much so that she had not say
in their lives;
3. That he was very abusive to her emotionally and sexually to her;
4. That he left her in 2004 and never came nor call back so that she was no longer able
to continue to pay for the condominium they purchased on installment.
Page 04.
Petitioners corroborative witness was her sister, Janet Pachejo. Like petitioner, she
testified by virtue of a Judicial Affidavit. In brief, she testified that she lived with her sister, the
petitioner in the Condominium unit where she and her husband stayed and thus whenever the
husband of her sister was in the Philippines, she was a witness to their relationship and his
brother-in-laws lifestyle whenever he is in the country. In her Judicial Affidavit, in Answer to
the query, What if, any, did you notice about his treatment or relationship with each other? She
answeredHe was very bossy, very possessive, overly jealous even to our cousin or their
neighbor. He demands to be served. When he is angry at my sister, he does not hide it from us
and would also be angry with all of us. In fact, when I am at their unit and he is angry or
jealous, he will also not talk with me. He treats my sister differently after they were married
already. Whereas before, he treated her like a princess; after they were married, he treated her
like a servant and this time around, he was not good and gentle to her.
Next to testify was expert witness, Mrs. Nedy Tayag, a clinical psychologist, who
conducted a series of tests upon petitioner and her corroborative witness. Likewise testifying on
Judicial Affidavit, she found her to be psychologically incapacitated to perform her essential
marital obligation. Clinically, she said that petitioner is suffering from Passive Aggressive
Personality Disorder with traits of Narcissistic Personality Disorder.
manifested in her being weak-willed, who allowed herself to be trampled upon by the
respondents brutality. She relied heavily on respondent when she could have done things to be
productive. She was very gullible and easily trusting of people that she never learned from her
mistakes and wrong experience altogether. Psychologist Nedy Tayag traced the root cause of her
personality condition back from her childhood days.
On the part of the respondent, she found him to be suffering from Anti-Social Personality
Disorder. According to Mrs. Tayag and we quote: Assad has no plan for himself but to live a
life that was filled with fun and enjoyment and free of commitments and responsibilities. He was
an incurable womanizer and without serious commitment to his wife. He was manipulative man
and even resorted to emotional blackmail by threatening to kill or hurt himself to get what he
wanted. He lacked due empathy towards the feelings of his wife and is negligent of her needs
and personal well-being. He failed to be considerate and disrespected petitioners preference as
his wife that he resorted to marital rape. He was a self-centered man, irrationally jealous,
domineering that even when he was not in the country, Petitioner still felt that she was his
prisoner, lacked adequate trust as he was always suspicious of petitioner. When he was abroad,
he checked on her every hour even verified if she is already at home by asking her to open the
Page 05.
television or radio or by talking with the maid. He was highly irresponsible and did not honor
his obligations as the husband. He only left her enough money for food and payment for
monthly bills and not for sudden or unanticipated events or for whatever emergency situation.
He was seen to be impulsive and disrespectful towards petitioner. He lacked depth towards his
commitments and lack the ability to direct his own household. He has not insight towards his
commitments and lacked the ability to direct his own household. He has no insight towards his
defective behavior as he never accepted the responsibility for his faults.
Page 06.
At the end of the expert witness testimony, she recommended that, in view of her clinical
findings that both parties are psychologically incapacitated to comply with the essential
obligations of marriage, the marriage be declared a nullity.
Petitioner was able to prove her petition that her marriage to her husband, a Saudi
National, who has never returned to her and who during their marriage failed to comply with the
essential obligations of marriage, should never have been celebrated at all. Further, she, too, was
also found to be psychologically incapable to comply with the essential obligations of marriage
under Art. 36 of the New Family Code.
The characteristics of psychological incapacity must exhibit gravity, antecedence and
incurability. It is grave if the subject cannot carry out the normal duties of marriage and the
family shouldered by any average couple existing under everyday circumstances of life and
work. It is antecedent to marriage if at least the roots of the trouble can be traced to the history
of the subject before the marriage, although its overt manifestations appear only after the
wedding. Lastly, it is incurable if the required treatments exceed the ordinary means of the
subject.
Thus, if the required treatments exceed the ordinary means of the subject, his
marriage, who in the first place should not have been married because the other party is
suffering from psychological incapacity. In fact, Article 36 of the Family Code is designed
to protect the sanctity of marriage by annulling those marriages of people who are
suffering from psychological incapacity to comply with the essential obligations of
marriage.
Page 07.
Page 08.