Republic of the Philippines

REGIONAL TRIAL COURT

Region VII
Tagbilaran City
Branch 3

AGNES M. TEJANO-LIM,
Petitioner,

- Versus - Civil Case No. 14344

For: Declaration of Nullity of
Marriage

JOHN JERIC S. LIM,

Respondent.
X-------------------------X

PETITION

COMES NOW petitioner, by the undersigned counsel and

unto this Honorable Court, most respectfully alleges:

1. Petitioner is of legal age, Filipino citizen and a resident of

Baang, Catigbian, Bohol while respondent is likewise of
legal age, Filipino citizen and a resident of Tagbilaran City,
Bohol, where he may be served with summons, orders and
other legal processes of this Honorable Court;

2. Respondent and petitioner are husband and wife, having

been legally married on February 14, 2013 at St. Joseph
Cathedral in Tagbilaran City, a copy of their marriage
certificate is hereto attached as Annex A;

3. A child was born in wedlock, Jones Lim, aged 3 years old,

a copy of his Certificate of Live Birth is hereto attached as
Annex B;

4. In retrospect, petitioner and respondent were classmates

at Holy Name University where they both studied law.
Back then, respondent had a girlfriend but things did not
work out for them so they broke up. Petitioner and
respondent met again in 2010. This time, they were
already lawyers and were both starting out in the field.
They decided to put up a law office together;

5. Aside from being law associates, they were likewise

attracted to each other physically. Initially, petitioner did
not want to be with respondent for she knew of his
reputation as a playboy, having had a long list of
girlfriends. However, respondent was persistent in
pursuing the petitioner. They finally got into a relationship
 in 2012 and frequently indulged in sexual intimacies which
resulted in petitioners pregnancy;

6. Upon knowledge of the pregnancy, respondent did not

communicate with petitioner for two weeks. Eventually, he
proposed marriage to petitioner. They were married in a
simple church ceremony in 2013;

7. Unprepared to face the rigors of married life, the newly-

weds lived together. Their first few months of being
married was marred by frequent fights and disagreements
as they were constantly at odds, no one giving in for the
other. Respondent frequently stays with his parents
instead of going home to his conjugal home with
petitioner. He was also a party-goer and was almost
always drunk;

8. Three months after getting married or in May 2013,

respondent flew to Paris for a 6-month vacation even if
petitioner needed him as she was about to give birth, a
copy of his plane ticket to Paris is hereto attached as
Annex C;

9. Despite financial support coming from respondent,

petitioner felt uncomfortable living on her own with their
child. She left their conjugal home and went back to her
parents;

10. Before his tourist visa expired, respondent came back

to the Philippines but refused to live again with petitioner.
He was resigned to just visiting his baby boy from time to
time and giving financial support to their child;

11. Time went by with the parties living separately on their

own. It became convenient for both to live separately as
they would constantly fight when they are together. They
maintained a casual relationship in their law office;

12. This arrangement went on for about a year until

petitioner took the courage to talk with respondent and
they both agreed to try and live together again as a
family. Unfortunately, since both of them distrust each
other, they frequently had arguments and disagreements.
Respondent was always out with his friends, drinking and
getting wasted. Even when their child got sick and was
hospitalized, respondent chose to party leaving petitioner
to fend for and take care of their child alone. Worse,
petitioner found out that respondent had a lover in Paris,
who had remained in touch with him. And worst,
respondent had not severed his relationship with her,
thus, the woman maintained communications with him.
This was the last straw that broke the camels back, so to
speak;
 13. To date, they have gone separate ways and there is no
hope for reconciliation;

14. Petitioner, convinced of the futility of her efforts,

decided that she deserves to start life anew with feelings
of hope for a brighter future since there is obviously no
hope that respondent can cope up with his obligations as
husband;

15. Petitioner engaged a clinical psychologist who

conducted a psychological evaluation on the ability of
respondent to cope up with the essential obligations of
marriage. After evaluation, respondent was found to be
psychologically incapacitated to perform the essential
marital obligations of marriage borne from his lack of
maturity, which affected his sense of rational judgment
and responsibility. These traits reveal his psychological
incapacity under Art. 36 of the New Family Code of the
Philippines and is more appropriately labeled Narcissistic
personality disorder, a copy of the Psychological
Assessment Report is hereto attached as Annex D;

16. Petitioner is filing this petition to declare her marriage a

nullity. Respondent showed no concern for his obligation
towards his family in violation of Art. 68 of the New Family
Code which provides that husband and wife are obliged to
live together, observe mutual love, respect and fidelity
and render mutual help and support. Petitioner is also
filing this case under Art. 36 of the same Code as the
respondent manifested apparent personality disorder and
psychological dysfunction, i.e. his lack of effective sense
of rational judgment and responsibility, otherwise peculiar
to infants, by being psychologically immature and failing
to perform his responsibilities as husband;

17. That said psychological defect or illness is grave,

serious and incurable and existed prior to the marriage
and became manifest during its existence.

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed that the marriage of the petitioner with the respondent be
declared a nullity. It is likewise prayed that if and when parties are
able to enter into an extrajudicial settlement as to custody and
joint parenting, the same be adopted by this Court and in the
absence thereof, a fair and just settlement of their rights and
obligations as parents be adjudicated by this Honorable Court.
We pray for such other reliefs, just and equitable under the
premises.
 Tagbilaran City. January 21, 2017.

Atty. Antonette Janvy Sumampong

Counsel for Petitioner
0504 Tamblot Street,
Tagbilaran City, Bohol
IBP No. 764814
PTR No. 5448574
Roll No. 33476
MCLE Compliance II 0009328
Dtd. December 2, 2016

VERIFICATION

I, AGNES TEJANO-LIM, of legal age, under oath, states:

01. That I am the petitioner in this case and that I have

caused the preparation of the same petition;

02. That I attest to the truth of all the allegations in the

same petition of my own personal knowledge;

03. In compliance to the Supreme Court circular against

forum shopping, I hereby certify that: a) I have not commenced
any other action or proceeding involving the same issues before
the Supreme Court, or Court of Appeals, or any other tribunal or
agency; b) to the best of my knowledge, no such action or
proceedings is pending in the Supreme Court, Court of Appeals or
any other tribunal or agency; c) If I should learned that similar
action or proceeding has been filed or is pending before such
tribunals or bodies, I shall report that fact within five (5) days
therefrom to the court of agency where the original pleading and
sworn certification have been filed.

AGNES TEJANO-LIM

Affiant

SUBSCRIBED and SWORN to before me this _____ day of

___________, affiant exhibited to me her ______________ dated
________________ issued in _________________.
Doc. No. ________
Page No. ________
Book No. _______
Series of 2009.