Republic of the Philippines

REGIONAL TRIAL COURT

Third Judicial Region
Branch 65
Tarlac, Tarlac

GLAIZE SANTOS-HALILI,
Petitioner,
- versus -

CIVIL CASE. NO. _________

For: Declaration of Absolute
Nullity of Marriage

OSWALD DOMINICK HALILI,

Respondent.
x-----------------------------------x
PETITION
COMES NOW, the Petitioner, through the undersigned
counsel and unto this Honorable Court most respectfully states
that:
NATURE OF THE PETITION
This is a Petition for Declaration of Absolute Nullity of
Marriage under Article 36 of the Family Code of the Philippines
on account of the psychological incapacity of the Respondent
that ought to manifest even prior to the celebration of the
marriage between the Petitioner and the Respondent.
The principal purpose of this Petition for Declaration of
Nullity of Marriage is to secure a Declaration of Absolute Nullity

Page 1 of 12
Petition for Declaration of
Absolute Nullity of Marriage
Glaize Santos-Halili vs Oswald Dominick Halili

of Marriage as the Respondent failed to perform her marital

obligations.

THE PARTIES
1. Petitioner CELDA ROMAN-RAMOS is of legal age, Filipino
citizen, and a resident of Poblacion 2, Gerona Tarlac where
she may be served with the processes of the Honorable
Court;
2. On the other hand, Respondent LUISITO SEBASTIAN
RAMOS is also of legal age, Filipino citizen, with last known
address at Abagon, Gerona Tarlac, where he may be served
with the processes of the Honorable Court;

STATEMENT OF MATERIAL AND JURISDICTIONAL FACTS

3. The Petitioner and Respondent contracted their civil
marriage on March 30, 1992. A Copy of the Marriage
Certificates are hereto attached as Annex A and made
integral part hereof;

4. The parties were blessed with three (3) sons namely

___________________________. Copies of their Certificate of
Live Birth are hereto attached as Annexes _____________
made an integral part hereof by way of reference;

Page 2 of 12
Petition for Declaration of
Absolute Nullity of Marriage
Glaize Santos-Halili vs Oswald Dominick Halili

STATEMENT OF ALLEGATIONS IN SUPPORT OF PETITION

FOR DECLARATION OF NULLITY OF MARRIAGE
5. The Petitioner is the second child of Spouses Angel Roman
and Clarita Milla. She grew up in a family filled with love,
trust and respect for one another;

6. Petitioner treats herself very lucky for having been brought

up properly by her parents. She and her seven siblings have
high regard for their parents who taught them to fear God
and to trust God while facing economical challenge at an
early age. As for the Petitioners relationship with her
siblings, respect and love was the primordial concern when
they were brought up. As a young child and student,
Petitioner was only able to finish her first year high school.
She stopped when she was in her second year because
she was already pregnant then and was forced into an early
marriage, a teenage legal tie with another young man;

7. The Petitioner and Respondent were friends during their

high school years and spent times together with the rest of
the members of their group, hanging around in one house,
cooking anything under the sun, and talking about life and
common interests;

8. They

ended

up

with

each

other

because

of

the

encouragement of the members of the group, and engaged

Page 3 of 12
Petition for Declaration of
Absolute Nullity of Marriage
Glaize Santos-Halili vs Oswald Dominick Halili

into intimate acts whenever they felt the sexual cravings,

particularly by the Respondent;

9. They had never been engaged nor established into a formal

relationship like boyfriend-girlfriend matter, only sexual
partners. There was no love but curiosity and fleshly
yearnings;

10.

On March 30, 1992, petitioner and respondent were

married when the parents of the Petitioner had the

knowledge about their relationship;

11.

They lived in a small house within the compound of

Celdas parents;

THE TURBULENT MARRIAGE

12.

As

experienced

pregnant

teenager,

the

Petitioner

had

to work as a helper and a laundrywoman

for a daily wage to provide for her needs and her child;

13.

The Respondents irresponsible attitudes surfaced

even at the start of the

drunk.

He

spent his

relationship. He comes home

time

gambling in their

nearby

community;

Page 4 of 12
Petition for Declaration of
Absolute Nullity of Marriage
Glaize Santos-Halili vs Oswald Dominick Halili

14.

The Respondent continued doing what a single,

uncommitted young man usually does - going

friends, playing basketball,

enjoying the

with his

night, drinking

alcohol, going home late;

15.

Petitioner struggled hard to stay in the marriage. She

was the main provider, like doing laundry for others,

collecting jueteng fees, to earn and buy essentials for the
family;

16.

The Respondent , for his part, did try to help by

assisting

in

the

Rice

Mill

of

his

grandparents.

Unfortunately, much of his meager salary was spent for

buying alcohol and gambling. In worst cases, he vented his
frustrations to his wife every time he lost his money to
gambling. Mostly, he went home drunk, physically hit her,
forced himself repeatedly for sexual gratifications, and all
these became patterns of physical and psychological abuses
inflicted to the Petitioner.

In the course of all these

unfortunate incidents, she became pregnant with their

second child, and their third son;

17.

The unsuccessful attempts became a cycle, the

Petitioner stayed a faithful wife, persisted despite the

abuses. She had nowhere to go except remain in the
marriage, provide means for their economic wants, take
care of her children, bear with all the physical and
Page 5 of 12
Petition for Declaration of
Absolute Nullity of Marriage
Glaize Santos-Halili vs Oswald Dominick Halili

emotional burdens. Until she reached the catharsis,

something snapped and she reacted differently to the usual
physical tirade by the Respondent;

RESPONDENT
FAILED
TO
OBSERVE LOVE, RESPECT
AND FIDELITY FOR THE
PETITIONER.

18.

Article 68 of the Family Code of the Philippines

provides:

The husband and wife are obliged to

live together, observe mutual love, respect
and fidelity, and render mutual help and
support. (Emphasis supplied)

19.

Respondent exhibited irresponsible head of the family

and had been a negative source of model for vices like

gambling and drinking, influencing him to engage too in the
said activities. Before and during their marriage;

RESPONDENT
WAS
IRRESPONSIBLE AND FAILED
TO GIVE MUTUAL HELP AND
SUPPORT
TOWARDS
PETITIONER.

Page 6 of 12
Petition for Declaration of
Absolute Nullity of Marriage
Glaize Santos-Halili vs Oswald Dominick Halili

20.

Article 68 of the Family Code also mandates that the

husband and wife render mutual help and support.

Moreover, Article 70 of the same code provides that:

The spouses are jointly responsible for the

support of the family.

The expenses for such

support and other conjugal obligations shall be paid

from the community property and, in the absence
thereof, from the income or fruits of their separate
properties. In case of insufficiency or absence of said
income or fruits, such obligation shall be satisfied
from their separate properties. (Emphasis supplied)

21.

Respondent was dependent to petitioner for the

necessities of their children and did not overcome the struggles.

He consumed much time and even money for his vice, drinking
alcohol. In the period of time when Respondent was working,
Respondent spent most of his earnings from his job for his sole
and exclusive benefit. It did not redound to the benefit of their
family. Respondent did not give sufficient support to his family
despite her pleas for financial assistance for the support of their
child. The specifics and particulars of how he was spending the
earnings from the job were deliberately kept secret from the
Petitioner,

RESPONDENTS

ABNORMAL
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Petition for Declaration of
Absolute Nullity of Marriage
Glaize Santos-Halili vs Oswald Dominick Halili

ATTACHEMENT
FRIENDS.
22.

TO

Respondent

HIS

likewise

exhibited

his

abnormal

inclination for his friends and acquaintances. Before and after

the birth of their children, Respondent would religiously
participate in parties and gatherings of his friends on a regular
basis,

thereby

emotionally

neglecting

Petitioner

and

their

children. Respondent continued to act as if he has no family to

take care of.

RESPONDENT
IS
PSYCHOLOGICALLY
INCAPACITATED TO PERFORM
THE
BASIC
MARITAL
OBLIGATIONS.

23.

Respondent failed to perform his marital obligations to

Petitioner as mandated by Article 68 and 70 of the Family Code

of the Philippines.

Such utter disregard by the Respondent of

these essential marital obligations despite having been given

several opportunities by the Petitioner will lead to no conclusion
other than Respondent being psychologically incapacitated.

24.

Respondents

excessive

and

habitual

disrespect,

immaturity, unjustified and unreasonable attachment to his

friends and his consequent abandonment of the Petitioner and
their child, including his refusal to share in the family expenses,

Page 8 of 12
Petition for Declaration of
Absolute Nullity of Marriage
Glaize Santos-Halili vs Oswald Dominick Halili

constitute a senseless, constant and continuous refusal and

rejection, despite her knowledge, of essential marital obligations.

Unreasonable attachment by the spouse to his or her

family (meaning his or her father and mother, brothers
and sisters) or to the spouses friends or barkada
such that the importance and devotion which should
be given to his or her own spouse and children are
subordinated to the said attachment is also a good
indicator of psychological incapacity.

Actual breakdown of family life characterized by

separation of husband and wife is also a good
indicator of the presence of this particular ground.
(Sta.

Maria,

Melencio,

Persons

and

Family

Relations Law, 2004 ed., p. 206, underscoring

supplied)

25.
through

Petitioner
clinical

or

undertakes,
medical

during

means,

trial,
the

to

root

establish,
causes

of

Respondents psychological incapacity, its existence at the time of

the celebration of the marriage, its incurable and grave nature
and the various essential marital obligations affected thereby.

FIRST CAUSE OF ACTION

(Re: Declaration of Nullity of Marriage)
Page 9 of 12
Petition for Declaration of
Absolute Nullity of Marriage
Glaize Santos-Halili vs Oswald Dominick Halili

26.

Petitioner repleads herein by reference all of the

foregoing allegations.

27.

As

illustrated

and

shown,

Respondent

is

psychologically incapacitated to comprehend and appreciate,

much less to perform, his basic marital obligations to observe
love, respect and fidelity and render mutual help and to support
as provided under Articles 68 and 70 of the Family Code of the
Philippines. Thus, pursuant to Article 36 of the Family Code of
the Philippines, Petitioners marriage to Respondent should be
declared VOID AB INITIO.

SECOND CAUSE OF ACTION

(Re: Non-Applicability of Presumptive Legitimes)

28.

Petitioner repleads herein by reference all of the

foregoing allegations.

29.

During the marriage, the parties did not acquire any

substantial real or personal property for which the rule on

delivery of presumptive legitime ought be declared inapplicable.

PRAYER

Page 10 of 12
Petition for Declaration of
Absolute Nullity of Marriage
Glaize Santos-Halili vs Oswald Dominick Halili

WHEREFORE,

it

is

most

respectfully

prayed

of

this

Honorable Court that after due notice and hearing, judgment be

rendered:

1. Declaring the marriage entered into by the Petitioner and

the Respondent on March 30, 1992in __________ void ab
initio, on the ground of herein petitioner and respondents
psychological incapacity to comply with the essential
requisites of marriage, pursuant to Article 36 of the Family
Code of the Philippines;
2. Directing the Civil Registrar of _________________ and
National Statistics Office to cancel the registration of the
marital union between herein petitioner and respondent;
3. Ordering the dissolution of the absolute community of
properties of the spouses and to declare any debts or
obligations contracted by the parties as their sole and
absolute liabilities.

Petitioner prays for other, further and different relief as may

be just and equitable under the premises.

Respectfully Submitted.
Tarlac City, July 03, 2016.

Page 11 of 12
Petition for Declaration of
Absolute Nullity of Marriage
Glaize Santos-Halili vs Oswald Dominick Halili

TARUC-ORENCIA & ORENCIA LAW OFFICE

No. 2 Champaca St., San Vicente, Tarlac City
Counsel for Petitioner

By:

ATTY. CHRISTAN RHEE DELFIN B. ORENCIA

Attorney Roll No. 50580
IBP LIFETIME No. 881649/Tarlac City, 12-12-12
PTR No. 4215821 / Tarlac City, 01-18-16
MCLE Compliance No. V-0018633, 04-15-16
Email ad: xtantan@yahoo.com
Mobile No. (0927) 7977857

Page 12 of 12
Petition for Declaration of
Absolute Nullity of Marriage
Glaize Santos-Halili vs Oswald Dominick Halili