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CIVIL CASE NO.: ____________
For: Declaration of Nullity of
vs. Marriage

x ---------------------------------------- x


COMES NOW petitioner, by the undersigned counsel and unto this Honorable
Court, most respectfully alleges that:

1. Petitioner is of legal age, a Filipino Citizen and a resident of 69, R. Papa St.,
Brgy. Obrero, Tondo Manila; while respondent is also of legal age, a Filipino
Citizen, and a resident of Unit 01A Marinel Homes, Marungis St., Brgy.
Laging Bukas ang Ilaw, Pateros, M.M., where he may be served with
summons, orders, and other legal processes of this honorable court.

2. Petitioner and respondent are husband and wife, having been legally married
on 1 November 2013 at the Kapilya ni Hestas, Barabas, at Hudas, in the
Municipality of Pateros, M.M., a copy of their marriage certificate is hereto
attached as Annex “A”.

3. Petitioner and respondent were childhood friends. They were classmates from
pre-school to high school at the Philippine Academy of Sakya. Back then,
respondent had a girlfriend, Marinel, who was respondent’s classmate as well.
Respondent and Marinel decided to break-up when the former decided to
continue his collegiate studies in the Churro Row-Row Your Boat College in
Tawi-Tawi to take up Oceanography. Meanwhile, Petitioner was left behind,
and she pursued a degree in entrepreneurship in the University of PeeWee in
Pasay. Petitioner would then make occasional trips to Tawi-Tawi to visit
Respondent. After 4 years, Respondent decided to go back to Manila and
started a business of selling organic kangkong in various talipapa in Pateros.

4. Petitioner and respondent did not consider themselves as mere business

partners. They were likewise attracted to each other physically. Indeed, they
would occasionally engage in sexual trysts, which later on resulted to
petitioner’s pregnancy. At first, Respondent was apprehensive to marry
Petitioner because of the former’s known reputation of being a ‘pathological
liar”. He, however, vowed to support their child.
5. When Petitioner’s parents, both of whom were devout members and followers
of the very conservative ‘Church of Caiaphas the High Priest’ Sect, came to
know about Petitioner’s pregnancy, they prevailed upon Respondent to marry
Petitioner. Despite his continued protestations, they were married in haste and
in a simple ceremony in the aforementioned church.

6. Unprepared to face the vigors of married life and with no visible means of
livelihood, the newly-weds lived with Petitioner’s parents. The first month of
their marriage was marred by frequent fights and disagreements as they were
really not in love with each other. They were also constantly at odds, with no
one giving in for the other.

7. About 1 year after their marriage, petitioner went back to Tawi-Tawi to pursue
his life-long dream of becoming a dive-master and diving instructor for young
Badjaos. He constantly sent money for Petitioner’s medical needs as she was
about to give birth.

8. Respondent did not last living in Tawi-Tawi as he was likewise excited to see
and spend time with his newly-born daughter. Also, life in Tawi-Tawi became
boring for him because there was no internet connection there, which will
enable him to play Mobile Legends, his favorite mobile-application game and
his favorite past time. He tried to reconcile with Petitioner. However, they
would always fight when they were together because of Petitioner’s constant
nagging and lying, and Respondent’s indifference and stubbornness.

9. Time went by with the parties living separately on their own. It became
convenient for both to live separately because, as earlier mentioned, they
would constantly fight when they are together. Later, Respondent and his
relatives decided to set-up a business in Tawi-Tawi, with the former managing
and operating the same. Distance and separation drove the parties to have
their respective lovers.

10. The parties, once again, tried to live together. However, since both of them
distrust each other, they frequently had disagreements and arguments. Worse,
Petitioner found out that Respondent had a relationship with Marinel in Tawi-
Tawi, and had remained in touch with him, despite their reunion. And worst,
Respondent had not severed his relationship with Marinel and they maintained
communications. This was the last straw that broke the camel’s back, so to

11. Petitioner, convinced of the futility of her efforts, decided that she deserves to
start life anew with feelings of hope for a brighter future since there is
obviously no hope that respondent can cope up with his obligations as

12. Petitioner engaged a clinical psychologist who conducted a psychological

evaluation on the ability of respondent to cope up with the essential
obligations of marriage. After evaluation, respondent was found to be
psychologically incapacitated to perform the essential marital obligations of
marriage borne from his lack of maturity, which affected his sense of rational
judgment and responsibility. These traits reveal hhis psychological incapacity
under Art. 36 of the New Family Code of the Philippines and is more
appropriately labeled “Anti-Social and Narcissistic Personality Disorder”.
13. Petitioner is filing this petition to declare her marriage a nullity. Respondent
showed no concern for his 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, otherwise peculiar to infants, by being psychologically
immature and failing to perform his responsibilities as husband.

14. That said psychological defect or illness is grave, serious and incurable and
existed prior to the marriage and became manifest during its existence; and

15. That petitioner and respondent have not acquired anyreal properties in the
course of their marriage.


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

marriage of the petitioner with the respondent be declared a nullity. It is likewise
prayed that if and when parties are able to enter into an extrajudicial settlement as to
custody and joint parenting, the same be adopted by this Court and in the absence
thereof, a fair and just settlement of their rights and obligations as parents be
adjudicated by this Honorable Court. We pray for such other reliefs, just and
equitable under the premises.

Pasig City. June 22, 2017.

Atty. Precioso D. San Juan III
Counsel for Petitioner

I, ALEXIA V. ALABASTRO, of legal age, under oath, states that :

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. In compliance to the Supreme Court circular against forum shopping, I hereby

certify that:

a. I have not commenced any other action or proceeding involving the

same issues before the Supreme Court, or Court of Appeals, or any
other tribunal or agency;

b. To the best of my knowledge, no such action or proceedings is

pending in the Supreme Court, Court of Appeals or any other tribunal
or agency;

c. If I should learned that similar action or proceeding has been filed or is

pending before such tribunals or bodies, I shall report that fact within
five (5) days therefrom to the court of agency where the original
pleading and sworn certification have been filed.

Alexia V. Alabastro

SUBSCRIBED and SWORN to before me this 27th Dat of July ,affiant

exhibited to me her ______________ dated ________________ issued in

Doc. No. ________;

Page No. ________;
Book No. _______;
Series of 2017.