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ENRICO J. PORMAN,
Petitioner,
DONNA PINCHOTO-PORMAN,
Respondent.
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PETITION
residing at No. 214 Olive Street, Apple Village II, ValleyGolf, Antipolo City,
Province of Rizal.
permanently residing at No. 217 Smith Street, Point Place, Wisconsin, USA. Her
last known address in the Philippines was at No. 231 Daang Matuwid, Pasig City,
Metro Manila, where she may be served with summons and other judicial
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3. Petitioner and respondent are husband and wife, having been married
on May 8, 1985 in Antipolo under civil rites which were solemnized by then
which is attached with this document and as an integral part as ANNEX “A.”
who are presently living with the responding in the United States as evidenced by
their Certificates of Live Birth. Copies of which are attached with this document
the late Colonel Reginaldo R. Porman of the Philippine Navy, who was
shared his feelings and emotions more with his Mother, Katrina Sirgudo-Porman.
She was known to be the disciplinarian in the family and was seen to be a stern and
strong-willed woman. She decided to be a plain housewife so that she can raise her
6. Respondent, the eldest of four children, also comes from a simple but
respectable family. She was raised by a religious and strict mother, the late Mirgina
Hindigo-Pinchoto, who chose to stay at home so that she can take care of her
family and her husband. Although respondent related well with her mother, she
considered herself to be closer to her father, the late Roberto B. Pinchoto. He was a
known local furniture maker and salesman and was a good provider for his family.
a classmate. Petitioner, then, was already employed with the Philippine Navy with
the rank of 2nd Lieutenant after graduating from the Philippine Military Academy
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in 1979. On the other hand, respondent has just graduated, with the honor of
Magna Cum Laude, from St. Paul College, in Quezon City after completing the
by January of 1981, the two were going steady and began an intimate relationship
which they maintained and continued for three years. However, they had to be
9. Sometime in 1985, the parties decided to get married under civil rites
before respondent left for the United States. She came back to the Philippines a
year later for their church wedding which was held on December 19, 1986.
10. After the church wedding, the parties began to live together as
husband and wife, initially in Fort Del Pilar, where their first child was born.
However, this set-up only lasted for two years because petitioner’s assignment to
Palawan. This assignment took him away from his family until 1989.
Government to pursue and official schooling in Virginia, USA. He was later joined
12. After his foreign studies, petitioner returned to the Philippines only
with his daughter. Respondent was left behind in the USA in order to pursue a
career in nursing which petitioner agreed to. This temporary arrangement was in
order for them to acquire a house and lot to become their home. Respondent had a
better chance of earning more money at that time by working as a registered nurse
abroad, compared to petitioner, who was just starting a military career with the
Philippine Navy.
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13. The parties’ long separation, in addition to their psychological
incapacity to deal with their married life, had contributed to their failed marriage
14. At the time of the celebration of their marriage and subsequent to it,
the parties were both mentally or psychically ill to such an extent that they could
not have known the essential marital obligations of living together, observing love,
respect and fidelity and rendering mutual help and support they were assuming or,
(a) Due to their constant physical separation, before and during their
marriage, the parties never really had the chance to know each other as a
(b) Petitioner thought he loved his wife when he married her, however, as
per the above, he never really exerted any serious effort in getting to
know her, not only in view of their frequent separation, but also because
(c) For her part and from the very beginning, respondent was focused in
pursuing her career as a registered nurse in the USA. She aimed to get
rich quickly and have a comfortable life with no sign that she was going
(d) Before their marriage, the parties already manifested their own self-
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(e) Thus, after the marriage, these manifestations expressed themselves in
they unconsciously shut-out each other from their lives until they began
(g) Petitioner, on the other hand, as a result of his upbringing and pushed by
was influenced by her own upbringing and has changed drastically since
she went to live and work in the United States, as she has displayed the
(h) After his visit in the United States in 1998, petitioner tried to make
respondent understand that it was important for her to change her ways,
embrace back the Filipino culture and mentality in order for their
understand.
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(i) Despite what appears to be a hopeless situation, petitioner did not give
resolve to save such disappeared when respondent told him that she had
fallen out of love with him and could no longer pretend to be happy with
him.
15. The parties had been separated from each other since 2003 and
respondent’s confession that she was no longer happy with the petitioner had
16. The root cause of the psychological incapacity of the parties to handle
17. Prior to the filing of the instant case, petitioner submitted himself to
and expert Clinical Psychologist, Felina Domindo Fez, M.A.. Dr. Fez concluded
in her Psychological Report (dated November 8, 2010) that, on the clinical point
of view, both petitioner and respondent are suffering from a severe psychological
of the report is attached to this document and made an integral part as ANNEX
“D.”
18. Dr. Fez also concluded in her Report that such personality aberration
said disorder started early in the lives of the parties and had become deeply
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ingrained in their system and formed an integral part of their structure, thereby
19. After administering a series of tests and clinical interviews, Dr. Fez
has determined that the root cause of the psychological incapacity of petitioner to
comply with his marital obligations can be traced to the factors present in his life
was back in his formative years. This greatly affected his functioning and
adjustment as a result mainly of the upbringing he received from his parents, who
provided him with too much emotional needs, attention, and consideration. In
turn, he developed a strong tendency of getting what he wanted and wished for
20. On the other hand, Dr. Fez saw that the root cause of the respondent’s
psychological incapacity to handle her marital obligations has emanated from the
factors in her environment, more particularly to the familial set-up she had and the
way she was brought up by her parents. Dr. Fez saw that her parents tolerated her
in everything she was doing coupled by the lack of proper discipline over her.
This made her acquire a strong disposition and thinking that she can subject
also considered to be grave and serious enough to bring about the parties’ evident
marital union was not founded on mutual love, trust, respect, and commitment.
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22. Based on the physical manifestations and symptoms exhibited by both
petitioner and respondent during their marriage to each other, it is clear that they
were both mentally or psychically ill to such an extent that they could have not
known the obligations they were assuming, or knowing them, could not have
with the essential marital obligations of living together, observing mutual love,
respect, fidelity, rendering mutual help and support, the marriage of the parties
should be declared null and void ab initio under Article 36 of the Family Code.
24. The parties did not acquire any property during their marriage, and
property.
PRAYER
Honorable Court that after due notice and hearing, judgment be rendered:
Statistics Office to delete and expunge from their respective Book of Marriages the
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entry and record of the marriage between the petitioner and respondent and other
Petitioner prays for such reliefs as may be just and equitable in the premises.
By:
Emmanuel P. Galit
S.C. Roll of Attorneys No. 45631
IBP Lifetime Membership No. 35795
MCLE Compliance No. III
0007569, 22 March 2011
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