Republic of the Philippines

REGIONAL TRIAL COURT

First Judicial Region
Branch 214
Mandaluyong City

KRIS A . AQUINO , CIVIL CASE NO. _______

Petitioner
-versus FOR:

JAMES A. YAP , DECLARATION OF NULLITY

Respondent, OF MARRIAGE

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

PETITION

WITH ALL DUE RESPECT.

Petitioner, by counsel, to this Honorable Court, respectfully

states:

1. Petitioner, KRIS AQUINO, is of legal age, Filipino citizen and a

resident of Poblacion, Mandaluyong City, where he may be
served with summons and other court processes;

2. The Respondent JAMES A. YAP, 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 KRIS AQUINO, and Respondent JAMES A. YAP

(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 children’s
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 his marital obligations. The facts and circumstances
being that:
a. During their relationship before the marriage, James was a
“party boy and a basketball addict.” After every basketball
practice, he often went out with friends to drink until the
wee hours of the nights in various bars in Makati City. He
would often go out together with his friends to meet new
girls;

b. James showed signs of "immaturity and irresponsibility" as

a husband and a father. 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, Jenny’s 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
father’s. 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 couldn’t 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, Respondent’s 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, KRIS A AQUINO;, 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
quasi-judicial 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. ___; ATTY. LAUREL LIMNMAYOG

Page No. ___; Notary Public until Dec. 2013
Book No.___; PTR No. 2162937/ 5-10-12
Series of 2015. Baguio City