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,
-versus-
CIVIL CASE NO. _____
JUDICIAL DECLARATION
OF NULLITY OF MARRIAGE
MARILEN MORAN-FABON
Respondent.
xx
AFFIDAVITTHE PARTIESPetitioner, 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 PETITIONIn 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
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2 Responses to Petition for Marriage Annulment in the
PhilippinesLeymhan Lanzuela Says:February 19, 2011 at 12:25 pm |
Replyhi, im 30yrs old and have a 5years old child. due to
misunderstandings and personal problems ,it has been three years
ago when , my wife and i decided to live separately. now i want to
file formally our seperation,, please give me advise when to start.
thanks
mgaliacaesar Says:July 7, 2011 at 12:47 pm | ReplyHi. The very
first step is for you to write a written account of your marriage
where we will base your petition for nullity of marriage. You will
then undergo a psychological exam from our accredited psychiatrist
the result of which will be attached to your petition. Of course,
you will also provide us with the following documents: marriage
contract and birth certificates of the children if any. The cost of
the proceeding is 180K pesos. You may pay it in several
instruments. Should you have more questions, please feel free to
call us at 09277884555. Thank you.
