Republic of the Philippines

REGIONAL TRIAL COURT

Quezon City

MARIA C. REYES
Petitioner,

-versus- Civil Case No. 19874

For Declaration of Nullity of
Marriage under Article 36 of
the Family Code

RAMON REYES
Respondent.
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PETITION

Comes now, Petitioner, by undersigned counsel and to this

Honorable Court, most respectfully avers:

1. That Petitioner Maria Reyes is of legal age, married to

respondent Ramon Reyes, and with residence at Brgy.123, Magalang
Street, Mandaluyong, while respondent Ramon Reyes is also of legal age,
married to petitioner Maria Reyes, and with residence at Brgy. 456,
Masipag Avenue, Mandaluyong City, where he may be served with
summons and other legal processes;

2. That both petitioner and respondent have the capacity to sue

and be sued;

3. That petitioner and respondent became husband and wife on

December 5, 1987, and their marriage gifted them two sons. Attached
herewith is a copy of their Certificate of Marriage as ANNEX “A,” as well as
the Certificates of Live Birth of their children as ANNEX “B” and “C”.

4. In retrospect, the parties met each other at the University of

the Philippines, Diliman, in 1972, when they were both nineteen (19) years
old. Their casual acquaintanceship subsequently resulted to a boyfriend-
girlfriend relationship. Petitioner was initially attracted to Ramon because
of the latter’s free-spiritedness and intelligence. Petitoner’s good
impression of the respondent was not diminished by the latter’s bad habits
like cutting classes and taking marijuana.

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 5. In 1975, petitioner obtained her degree in AB Sociology from
UP; a year earlier, Ramon decided to drop out of school and just continue
to work for the family business. In 1976, they got married, the petitioner
being five-month pregnant and employed at the Population Center
Commission.

6. During the first few months of the marriage, the respondent

was consistent with providing the petitioner a monthly allowance of P1,
500. 00 from his salary. However, things changed when their first child was
born. The respondent ceased from giving his wife monthly allowance and
handing his salary. From there on, Maria had to struggle to provide for the
family as the sole breadwinner, while Ramon found himself engaging in
several failed business attempts. Maria endured the setup of her marriage
to Ramon, with hope in her heart that the situation would change for the
better.

7. Respondent had also become neglectful of his family’s

condition. Whenever his new business would take him away from his family
for days, he would not exert any effort to remain in touch with them.

8. In 1985, petitioner gave birth to their third son while her

husband was in Mindoro for business. Respondent did not even bother to
inquire on the health of either his wife’s or child’s. When he arrived in
Manila a week later, he did not even wonder how the hospital bills were
paid.

9. In 1989, due to financial reverses, Respondent’s business went

bankrupt. Despite of the fact that he already had no other means to
support his family, respondent refused to go back to work for the family
business. He came up with another business, which later on failed and was
added to their debt.

10. Recently, petitioner had to undergo a surgical operation for

the removal of a cyst. To her great disappointment, petitioner felt the
respondent’s indifference toward her as the latter chose to to simply read
the newspaper and play dumb instead of encouraging and supporting her
throughout her most vulnerable time.

11. Still, petitioner made final attempts to salvage what was left of
their marriage. She even asked the help of the respondent’s siblings. Yet,
Ramon remained uncooperative.

12. In 1997, Adolfo, Ramon’s elder brother, brought the

respondent to a clinical psychologist for a psychological assessment to

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determine benchmarks of current psychological functioning. The
respondent, diagnosed with an antisocial personality disorder with marked
narcissistic features and aggressive sadistic and dependent features, was
found to be psychologically incapacitated to fulfill the essential obligations
of marriage: to love, respect and render support for his spouse and
children. His personality disorder, which constitutes his psychological
incapacity, is characterized by gravity, juridical antecedence and gravity.

13. To date, the parties are separated de facto; however, the

relationship did not improve. Neither Respondent’s relationship with his
children.

PRAYER

WHEREFORE, it is most respectfully prayed that judgment be

rendered declaring the nullity of the marriage of Petitioner with the
Respondent pursuant to Article 36, and the annulment of the same
marriage based on Article 45 (5) of the Family Code of the Philippines.

Other reliefs and equitable under the premises are also prayed for.

October 7, 1998, Quezon City.

ATTY. SOPHIA A. MATALINO

Counsel for the Petitioner
Quezon City
Roll No. 12345
IBP No. 234/Mandaluyong/1/12/98
PTR No. 567/Mandaluyong/6/21/98
MCLE No. 876/Mandaluyong/3/8/98

VERIFICATION WITH CERTIFICATION

AGAINST FORUM SHOPPING

I, Maria Reyes, of legal age, and with residence at Brgy.123,

Magalang Street, Mandaluyong City, after having been duly sworn, depose
and say:
1. That I am the petitioner in the above-entitled petition;

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 2. That I have caused the preparation of said petition;

3. That I have read all the allegations therein contained, and that the
same are true and correct of my personal knowledge or based on
authentic records;

4. That I have not therefore commenced any action or filed any

claim involving the same issues in any court, tribunal, or quasi-
judicial agency and, to the best of my knowledge, no such other
action or claim is pending therein; and if I should learn that the
same other similar action or claim has been filed or is pending, I
shall report that fact within five (5) days therefrom to the court
wherein the aforesaid petition has been filed.

Witness my hand this 7th day of October 1998 at Quezon City,

Philippines.

Maria C. Reyes
MARIA C. REYES
Affiant

SUBSCRIBED AND SWORN to before me this 7th day of October 1998

in the City of Quezon, Philippines, by the affiant who showed to me her
identification card sufficient to establish her identity required under the
New Rules on Notarial Practice of2004.

ATTY. SOPHIA A. MATALINO

Commission expires on Dec. 31, 1999
Quezon City
Roll No. 12345
IBP No. 234/Mandaluyong/1/12/98
PTR No. 567/Mandaluyong/6/21/98
MCLE No. 876/Mandaluyong/3/8/98

Doc. No. 1802

Page No. 8120
Book No. 12
Series of 1998
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