Petition for Marriage Annulment in the Philippines

(There is no divorce in the Philippines. However, Philippine jurisprudence allows marriage annulment based on psychologically incapacity. What I have blogged here is an example of a petition for nullity of marriage. Annulment has almost the same outcome as divorce because the parties the former husband and wife can contract another marriage again once the court decision becomes final. Annulment in the Philippines is an expensive legal undertaking costing around 200,000 pesos or even more. Thats quite a sum for an average Filipino couples.)

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT ___ Judicial Region Regional Trial Court Branch ________ Pasig City, Metro Manila JOHN C. FABON Petitioner, -versusCIVIL CASE NO. _____ JUDICIAL DECLARATION OF NULLITY OF MARRIAGE MARILEN MORAN-FABON Respondent. xx

AFFIDAVIT THE PARTIES

Petitioner, John C. Fabon (John for brevity) is of legal age, Filipino and presently residing at Blk-20, Lot-5, Acacia Homes Pasig City; Respondent, Marilen Moran-Fabon (Len for brevity) is likewise of legal age, Filipino and is last known by the Petitioner to be residing at Block11, Lot 87, ACM Woods Homes, Pasig City, where she may be served by notices, orders and processes of the Honorable Court.

NATURE OF THE PETITION

In this present Petition, the Petitioner prays of this Honorable Court to declare as null and void her marriage to Respondent on the ground of the latters psychological incapacity. The following pertinent and relevant Family Code provisions are the bases in the treatise of this Petition: Art. 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void and even if such incapacity becomes manifest only after its solemnization. Art. 68. The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support. Art. 72. When one of the spouses neglects his or her duties to the conjugal union or commits acts, which tend to bring danger, dishonor or injury to the other or the Family, the aggrieved party may apply to the court for relief. FACTS OF THE CASE The classic love affair between Mr. Jay Felizardo and Ms. Marilen Morales started when the latter was introduced to the petitioner through her cousin Pia. She and Jay were workmates in National Panasonic. What started as a simple acquaintance was followed by an intense courtship; Jay was immediately attracted to her that soon enough he was deeply engrossed with her. Jay would often bring Marilen to and fro in her place of work; he visited her in their house almost on a daily basis. These adorable actuations of Jay eventually led to a romantic affair between him and the respondent. Not for long, their secret liaison resulted in sexual intimacies between the two, not just once, but on several occasions. These intimate moments that Jay and Marilen shared together in the private perfumed parlor, so to speak, resulted in the unexpected pregnancy of the latter. This turn of events changed their lives forever. The fruit of their lovely labor was discussed by them with their respective families. Both families agreed that since Jay and Marilen are gainfully employed, they should now tie the knot for the sake of their soon-to-be offspring and transformed their amorous relationship into a marital bliss. Needless to say, Marilens pregnancy hastened their marriage that was held on the 28th of May 1998 in a church in Taytay, Rizal. Most members of their respective families attended the marital ceremony. The first stages of their married life were full of happiness and excitement, as they

awaited Marilens first delivery. She and Jay lived with her family after the wedding and her family was cordial towards him. As time passed, a second child came, and they eventually moved in to a new house. It was a smooth sailing for the newly-weds at first. But a gradual changed in what seemed to be a happy union loomed in the horizon. Their marriage, however short-lived, blessed them with two children. At the time of their marital union Jay continued working in National Panasonic whiles his now wife Marilen worked in the Land Bank of the Philippines. As earlier pointed out, the marriage seemed happy in the beginning until one day the respondent asked him to go abroad supposedly because their incomes were not enough but much to the opposition of the petitioner. Jay did not like the idea of either him or his wife going abroad to earn more money at the expense of the family being separated; according to him they could live on their meager incomes for as long as the family stays together. But because of the insistence of his wife Marilen to go abroad and to escape from her pestering, he eventually gave in to her wish and flew to Dubai as an overseas worker in 2004. He worked as a CNC operator in that far away country known for its unforgiving weather. Jay endured working hard in the harsh climate of Dubai for more than a year while sending money religiously to Marilen way back in Manila. Everything was normal in the beginning of their new marital arrangement Jay working in Dubai and Marilen working in Manila at the Land Bank of the Philippines. They communicated constantly through texting and phone calls. But this was not for long, what appeared to be a happy arrangement at first, took an unexpected turn. Jay noticed a sudden change of Marilens behavior: the frequent texts that she regularly sent to him and the phone calls that she often made became far and infrequent. There were times that when he called her up, Maricen would simply drop the call. On certain occasions that he would call her late at night, she was not still in the house and nowhere to be found. And whenever they would finally talk on the phone, she was always in a hurry to stop the conversation arguing that that the international calls was expensive even if it was Jay who was paying for them anyway. Making the situation worse, the respondent even prevented their two children from talking to him on the phone. But to the biggest surprise of Jay, she had the gall to ask him for a marital separation on the phone! She made it clear to Jay that she was ending their marriage right on the very moment they were conversing on the phone. Jay was at a loss on Marilens strange new actuations towards him and her seeming loss of affection towards him. The new sad development in his married life drove him to tears and he almost lost his mind figuring out what could be the reason for his wifes drastic decision. Did I do something terribly wrong? This was the nagging question at the back of his tortured mind. He could not think of anything he had done to merit such a cold treatment from the lady she dearly loved. He however recalled what his childhood friend, Froilan Bagares, told him about the rumors of Marilen having entertained another man. This man was often seen driving off Marilen after work. Despite these rumors, Jay still continued to believe that his wife still loved him, ever loyal to him, cared for their children and valued the sanctity of their young marriage. He was wrong. Jay went home to the Philippines in 2005 in order to find the real score and hoped to save his marriage to Marilen. His main task of returning to the Philippines was precisely to fix their marital union he dearly valued and for the sake of their children. To his consternation, Marilen

frankly told him that they part ways and from then on would lead separate lives. But Jay, hopeful as he had always been, requested the help of his relatives in the hope that Marilen would take a 360 degree turn on her drastic decision to split up with Jay. Instead of listening to them however, she dropped the bomb, so to speak, on him in front of their close relatives: Jays parents and sibling and Marilens mother. Marilen made her feelings loud and clear to Jay that she had no intention anymore to patch things up with him. She further added that she no longer loved him, hence, the eventual separation. That was the last straw for him, and has from then on learned to accept the faith of his marriage to his once beloved wife. Right there, he decided to go back working abroad. He presently has a girlfriend and he also religiously continues to give financial support to his two children. And since then, the petitioner and the respondent had been living separate lives. WHEREFORE, premises considered, it is respectfully prayed that after trial, judgment be rendered by this Honorable Court declaring the marriage between the Petitioner and the Respondent VOID AB INITIO by reason of the psychological incapacity of the petitioner and respondent, citing Art. 36 of the Family Code. Other reliefs just and equitable are prayed for. June 28, 2010 Taytay, Rizal for Pasig City IN WITNESS WHEREOF, I have set hereunto my hand this ______________________, 2010, ____________________. JOHN C. FABON Affiant SUBSCRIBED and sworn to before me, in the city/municipality of Taytay Rizal, this _________ day of __________ 2009. Doc.No.; _____ Page No.; _____ Book No.; _____ Series of 2009. P, C and Associates Law Offices Counsel for Petitioner 2/F MaDRIGAL Bldg. 183 Rizal Ave. Taytay Rizal

This is an example of a Civil Case in the Philippines that is happened in the City of Danao, Province of Cebu. Readers and viewers must know that Danao City is part the island in Cebu located in the Central visayas Region, Philippines. The case is about the Annulment and Declaration of Nullity of Marriage no ther than Hazel Escosio Gultiano of which she is the petitioner and Antonio A. Gultiano, as the petitioner. The family name Escosio is sounds Spanish while Gultiano sounds Italian well they are all Filipinos. SP. PROC. CASE No. ONA-1005 For Annulment/Declaration of Nullity of Marriage The annulment case happens in the Philippines that will be mention stated below of this sentence. This happened in the Regional Trial Court in the 7th Judicial Region Branch 25, Danao City in Cebu. SUMMONS BY PUBLICATION ANTONIO A GULTIANO,JR.- No. 662 Ipag Mariveles, Bataan WHEREAS on December 02, 2010, petitioner through counsel filed with this court a complaint as follows: COMPLAINT PETITIONER, by counsel unto this Honorable court, respectfully states under oath that: Petitioner Hazel A. Escosio-Gultiano is a Filipino of legal age, married and a resident of Goldenville countryside Homes, Santo Nio, Barangay Sabang, Danao City, Cebu. She is represented in the instant action by the undersigned counsel whom she may be served with notices and other court processes. Respondent Antonio A. Gultiano, Jr. is a Filipino, of legal age, married and a resident of 662 Mariveles, Bataan, where he may be served with summons and other court processes; Petitioners selfelss sacrifices to save her family resulted her subjection to emotional and psychological abuse from the respondent. Respondents intolerablecharacter and moral defect were already beyong the stretch of petitoners patience. Thus petitioner pursued any means of raising a child through the help of parents in order to scratch a living away from home.

Such identified personality traits or mental problems is the integral element marital obligations which would reneder the same NULL, VOID and INEXISTENT AB INITIO. PRAYER WHEREFORE, it is respectfully prayed of this honorable Court that judgment be renedered declaring as NULL and VOID the marriage of petitioner and respondent for lack of marriage license and purusuant to Article 36 of the Family code as Amended. Petitioner further prays for such other reliefs asm ay be just and equitableunder the circumstances. Danao City, Cebu, Philippines, December 02,2010. This is signed by Atty. Graciano L. Espina, Jr. Counsel for the Petitioner PTR No. 12546612/31/10 IBP no. 77912811/11/09 Roll no. 50031 MCLE III complant no. 0013030 April 19, 2010 So Ordered Danao City, Cebu, Philippines, August 22, 2011 It is signed by Sylva G. Aguirre-Paderanga of which she is the Assisting Judge in this respective City. NOW THEREFORE, you respondent ANTONIO A. GULTIANO, JR. is hereby ordered to file with this Court your Answer to the Complaint within (60) days after the date of the publicationof this summons, furnishing counsel for the repsondent Atty. Graciano L. Espina, Jr., Mabini Street, Poblacion, Danao City. WITNESS the Hon. Sylva G. Aguirre-Paderanga, Assisiting judge of this Court , this 15th day of December 2011. And last but not the least, the last person who signed the in the Clerk of Court is no other than Isidro Bongcayao, Jr. in which , he is the Clerk of court VI in Danao City, Cebu. This is good for legal research and those are who practicing law. Readers and viewers must take note that Annulment is not the same as Divorce because of different legal procedures. This is a lifetime article and it can be read many times even it reach centuries.
About the Author

I am the only child in the family. Born in Manila then transferred to Dumaguete City, Negros Oriental, Philippines. I am a protestant in an Evangelical way. I am media practitioner from my designated city even regional news in the Philippines. I also write several articles across the

globe. I also write economic articles in the internet and even spirituality that relates religion. I am not a pastor in the first place because I did not pursue my theology course.I did not pursue bar reviewer but I am a legal researcher. This article is address to the people across the globe.