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Republic of the Philippines

Regional Trial Court
Branch 18, Cebu City
Gerrard delos Reyes
Petitioner,
-versus-
Civil Case No.7641820
For: Petition for declaration of
Nullity of Marriage
Geraldine delos Reyes
Respondent
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Memorandum for the Petitioner:

STATEMENT OF THE CASE

This is a petition filed by GERARD DELOS REYES for declaration of nullity of
her marriage to respondent GERALDINE DELOS REYES. The petitioner had this
petition anchored on Article 36 of the Family Code of the Philippines as amended
on the ground that the respondent is psychologically incapacitated to discharge
the basic and essential obligations of marriage as well as on the grounds of
infidelity.
MATERIAL FACTS
The plaintiff is an Oversees Filipino Worker (OFW), on July 2012 he returned to
his family home and went back abroad in the middle of August of the same year. One
month after his return to the said workplace, he discovered the pregnancy status of
his wife and planned his return upon the estimated birth month. On the 3rd of May
2013 the child was born and with his presence, after such event he went back abroad.

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He still continued communicating and supporting both his wife and child, until
February 2014 wherein communication and support was shut.
On the month of June of the same year the wife was give letter of summons,
which contained in the information that the client petitioned for the nullity of
marriage on the grounds of psychological incapacity. The aforesaid psychological
incapacity was anchored on the claim that the defendant was an unfaithful wife, and
the child being a child of another man. The client averred that the child was born less
than nine months since they had carnal knowledge which was on the 9th of August
2012 and based on the facts the child was born on the 3rd of may the following year
which indeed is less than nine months. The client further averred that the wife was
only after his money.
The defendant counterclaimed that she was not unfaithful and was hundred
percent sure that said husband was the rightful father of the child. However, a
subsequent report by a psychologist in a form of psychological report revealed
that the defendant-wife was indeed psychologically incapacitated. This report was
obtained in view of the family of the plaintiff specifically his mother and sibling,
since the defendant-wife refused to be interviewed for such psychological test. In
the result defendant was characterized as being alien to the family not being able
to visit them despite being in one city and secretive as if she was hiding
something from the plaintiff’s family.
ISSUE
Whether or not the psychological report would suffice as an evidence for a
psychological incapacity that would warrant as a ground for psychological
incapacity.
ANALYSIS
Petitioner Gerard delos Reyes claims that his wife, the petitioner would be
considered as psychologically incapacitated within Article 36 of the Family Code
which states that:
Article 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 even if such incapacity becomes manifest only
after its solemnization. (As amended by E.O. No. 227)

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In the decided case of Marcos v. Marcos G.R. No. 13649, October 19, 2000
the Supreme Court further stated that:
Psychological incapacity, as a ground for declaring the nullity of
marriage, may be established by the totality of evidence presented.
There is no requirement, however that the respondent should be
examined by a physician or a psychologist as a condition sine qua non for such
declaration.
The report presented by an expert would suffice and satisfy for evidentiary
purposes. And furthermore such testimony which was solely based on the mother
and sibling of the plaintiff the challenge for such would be immaterial since as
what was set forth in Marcos doctrine that respondent need not be the one who
should be examined for the declaration of the nullity of marriage.
WHEREFORE, in view of the foregoing we respectfully ask and pray to this
Honorable Court that the petition for declaration of nullity of marriage between
GERARD DELOS REYES and GERALDINE DELOS REYES be GRANTED
Other reliefs, remedies, just and equitable in the premises are likewise
prayed for,
City of Cebu, March 15, 2017

ABAYON, ABAYON AND ABAYON

LAW OFFICES
Counsel for the Respondent
Brgy. Talamban Cabahug Road Cebu City, Philippines