Republic of the Philippines

REGIONAL TRIAL COURT

BRANCH____
National Capital Region
JUAN DELA CRUZ,
Petitioner,
-versusJUANA DELA CRUZ,
Respondent.
CIVIL CASE No.___________
For: Nullity of Marriage under
Article 36 of the Family Code
x-------------------------------x
PETITION
Petitioner JUAN DELA CRUZ,
through counsel and unto this
Honorable Court, most
respectfully state that:
1. Petitioner is of legal age,
married, Filipino and a resident
of Dikomahanap Street, Quezon
City, where he may be served
with summons and other court
processes.
2. Respondent is likewise of
legal age, married, Filipino and a
resident of Kalye Street, Pasig
City, where she may be served
with summons and other court
processes.
3. Petitioner and Respondent
contracted their marriage on
February 29, 2000 before Rev.
Msgr. Raymund Laserna. A
photocopy of their marriage
contract is hereto attached as
Annex A and made an integral
part hereof.
4. Petitioner and Respondent
live together as husband and
wife for the period of two years
and seven months and a son
named Juan Dela Cruz, Jr. was
born to their union.
5. Petitioner seeks for the

judicial declaration of nullity of

his marriage with Respondent
herein under Article 36 of the
Family Code as the latter is
psychologically incapacitated to
perform her essential marital
obligation and such
psychological incapacity which
already existed at the time of
the celebration of their
marriage characterized by
severity, gravity, incurability
and juridical antecedence as it is
engrained deeply in her system.
6. Petitioner met the
Respondent through a common
friend in a gathering (drinking
spree) in Dikomahanap Street,
Quezon City, where the
boarding house of the
Respondent and the house of
the Petitioner is located. Later,
the Respondent transferred to
the boarding house of
Petitioners parents just few
meters away from her former
boarding house. The Petitioner
then was twenty eight (28)
years old, working at the City
Hall of Quezon City, while the
Respondent is eighteen (18)
years old, and a 2nd year college
student. The petitioner realized
that the respondent is easy to
get along with, somewhat
liberated and loves night life
(same with the petitioner) that
is why he was attracted to her.
7. The Petitioner and the
Respondent became very close
friends and had numerous
drinking sessions together
which resulted in intimate
relationship. The Respondent
got pregnant and decided not to
continue her studies. The

Petitioner was bewildered

whether he will marry the
Respondent because even
though she was already
pregnant, she still had frequent
drinking sessions with her
friends. However, the Petitioner
was convinced by her mother to
marry the Respondent for the
sake of the child.
8. The Petitioner and the
Respondent got married on
February 29, 2000, in St. Therese
Chapel in Antipolo, the
hometown of the respondent.
9. After the marriage, the
petitioner and the respondent
lived together in the
petitioners house in
Dikomakita Street, Quezon City.
Respondent continued to
smoke and drink despite being
advised by the Petitioner to quit
because it might affect their
child who is still in the womb.
10. After giving birth to her son,
Respondent started going out
again with her friends for a
night life almost every day
and she miserably failed to take
care of her young son because
she usually overslept the day
after.
11. The attitude of being
childish became more apparent
and the respondent and the
petitioner often quarrel
because of the stubbornness of
the respondent. The
Respondent frequently verbally
abuse the Petitioner when the
latter often advise her to be
more responsible because she
is already married and has a
child.
12. Respondent also failed to

perform the essential marital

obligation of observing mutual
love because the respondent
doesnt want to have intimate
relationship with the petitioner
anymore for fear of being
pregnant once again.
13. The Petitioner decided to
work in abroad, in Hong Kong
because of the failing marriage.
Petitioner felt that his wife
doesnt respect him.
14. Petitioners mother decided
to send the respondent back to
school and she was enrolled in
the Colegio de La Salle to
continue her Nursing course,
however, the respondent was
not able to finish the course
because her lifestyle of being
very close with her friends, goes
out and hang out with them
almost every day; immersed
herself in night life and did
other things that should not be
done by a married woman, like
having intimate relationship
with other men.
15. The Petitioner found out that
while he was working in Hong
Kong, the Respondent had
Dilatation and Currettage
procedure, a proof that she
really had intimate
relationships with other men.
The abortion was kept secret by
the Respondent to the
Petitioner; the Petitioner only
learned it from their common
friends.

16. The petitioner tried all he

can to straighten up and
improve their relationship as
husband and wife, but the
respondent remained to be
selfish and was just concerned
of her own life.
17. Because of their failing

relationship, respondent left

the petitioner in the year 2002
and she returned to her parents.
They have been separated since
then.
18. Sometime in 2008, the
petitioner learned that the
respondent had an intimate
relationship with a businessman
and gave birth to a son. A copy of
the birth certificate of the
respondents son born out of
carnal relationship is hereto
attached as Annex B. After a
year, another child was born to
the Respondent fathered with
the same businessman. The

childs birth certificate is hereto

attached as Annex C.
19. Not only that the respondent
is remiss in the discharge of her
role as a mother anent the
welfare and well-being of their
child but the respondent is also
an utter failure as a wife.
20. According to the Psychiatrist
who examined her, she is
psychologically incapacitated to
comply with the essential
responsibility of a married
person. Attached hereto is a
copy of the psychiatric
evaluation of the Respondent as
Annex D.