REPUBLIC OF THE PHILIPPINES

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT

MANILA CITY

Branch ____

TERESA DE GUZMAN

Petitioner,

- versus -

CIVIL CASE NO. 000012345DECLARATION OF ABSOLUTE NULLITYOF MARRIAGELUIS DICHOSO Respondent.

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P E T I T I O N

PETITIONER, by counsel and unto this Honorable Court, most respectfully states and alleges THAT:

1. PETITIONER , TERESA DE GUZMAN, is a Filipino, of legal age, and a resident of 132 Basilio St. Sampaloc, Manila, while respondent, LUIS DICHOSO, is also a Filipino, of legal age and a presently residing at #18 Candaba St. Pasig City, where he may be served with summons and other processes of the Honorable Court ;

2. Petitioner is 31 years old, she was born on December 24, 1979 in Boac, Marinduque, Respondent is likewise 31 years old and was born May 26, 1979 in the UST Hospital, Espana Blvd., Sampaloc , Manila . Copy of their respective Birth Certificate of the petitioner is hereto attached as Annex A;

3. Petitioner and respondent met on year 1998 when respondent was introduced to the petitioner by certain Mac Omban, cousin of the petitioner. Their initial meeting lasted for few months only and parted ways thereafter. However petitioner and respondent met again 2000 at the insinuation and request of the respondent to Mac Omaban again. That second meeting started a good friendship followed by many sweet moments and almost daily call from each other until petitioner and respondent became girlfriend boyfriend;

4. Petitioner did not formally introduced the respondent to her parents but the respondent formally introduced the petitioner to the respondents parents and petitioner even stayed in some occasions on the house of the respondent . In these days of stay of the petitioner spend most of her time with the respondent and notices that there were moments that the petitioner would become silent and just look at the thin air then suddenly mumbles all by himself;

5. But nonetheless, the petitioner still go with the respondent and even stayed most of the time with the respondent and took care of the respondent because petitioner love so much the respondent during those times. Respondent even got pregnant without the benefit of marriage of the respondent and because of her untimely pregnancy, petitioners visits on the house of the respondent became regular and usually she even stayed overnight with the respondent;

6. Petitioner noticed already in these days that the respondent silence is becoming too often that most of the time he would spend his time locked inside his room or lying around doing nothing, not working nor providing for her daily needs because of this the respondents parent continuously try to convince him to work but ends up having a heated argument with them;

7. This cause the respondent very mad and in the end the victim was the petitioner and she was so surprise because the respondent focus his anger and madness to the petitioner. Respondent broke glasses and poked the broken glass unto the petitioner. Due to this incident, petitioner the following day left the house and stayed on their house in Makati City, but the respondent few days after beg for another chance and requested that both of them must still live together;

8. In order to save the relationship, and to give chance to the respondent, the petitioner agreed to the request and they again live together in the house of the parents of the respondent. During those times, they already plan for their marriage celebration even if the petitioner is pregnant;

9. Thereafter, simple civil marriage was scheduled on March 03, 2001 at Christ the King Church, E. Rodriguez St. Quezon City and said marriage was solemnized by Rev. Fr. Bert Alcazaren, and then the parish priest of Christ the King Church. A copy of the Certificate of Marriage under Registry no. 2001-449 of the City Civil Registrar of Mandaluyong City, Metro Manila is made part hereof and hereto attached as ANNEX B ;10. After the marriage, petitioner and respondent stayed in Luis parents in San Marcelino, Mandaluyong City and stayed there for a few weeks only. The couple then transferred to the vacant house of respondents parents in Octagon Village in Sta Lucia, Quezon City. Petitioner in those days, hopes that because of the marriage and because of this new environment, the respondent would change his character and attitudes towards her and towards family life. Petitioner even prayed that because of the very strong and unwavering support and assistance of the parents of the respondent, the respondent would be more responsible husband and father most especially that their baby is about to be born soon and that there would be hope and future for them due to this developments ;

11. Contrary to the petitioners hopes respondents attitude did not change. His attitudes and characters even became worst, dangerous and very unpredictable; Respondent manifested emotional immaturity, lack of empathy, irresponsibility, financial and emotional dependency on his parents as well as frequent absent mindedness. He did not look for a stable job nor helped the petitioner in providing for their family, he always lock himself in the room or go out of the house in as early as 4am and comes back at 12mn;

12. Because of these scenarios and the disregard and neglect of the respondent on his duties and obligations in the family and unto the petitioner , the petitioner was left with no other options but to stay at home alone and take good care of the baby her womb;

13. Fortunately, the friends of the petitioner like Tin, Jenny and Grace, usually visits the petitioner and stayed in their house so that they could help the petitioner in her day to day household chores and give her some assistance and comfort most especially during the petitioners pregnancy and absence of the respondent ;

14. Initially the setup is okay, however all the friends of the petitioner left petitioner because they had difficulties in dealing with the respondent, Luis. On those days of pregnancy of the petitioner, the respondent became so irritated and gets very angry easily. He manifested his mood swing, temperamental attitude, and domineering attitude, verbal and physical aggressiveness. His mumbling in the thin air also becomes worst that whenever they are fighting he would talk to his side as if there is another person standing beside him that the petitioner cannot see. And when angry and mad, respondent will attempt and would usually throw many movable items at home, and usually box the door, will hold a knife or blade and shouting inside the room and try to cut his pulse and commit suicide. This scenario happened habitually even with many other person at home as guests or relatives;

15. Considering the prevailing situation between the petitioner and respondent, on June 18, 2001, while the petitioner is alone at home, her stomach got sick. Since her husband was not at home, their boarders, friends and relatives assisted her and brought her to the Medical City, Mandaluyong City ;

16. On June 18, 2001, the first and only child of the petitioner and respondent was delivered in St. Lukes Medical Center in the Fort, Taguig City and named the child as SHAYNE DE GUZMAN DICHOSO. Copy of the said Certificate of Birth under Registry No. 2001 - 4023 of the City Registrar of Mandaluyong City and NSO Certified True copy under Registry No. 2001 - 4023 are made part hereof and hereto attached as ANNEXES C and D respectively. Copy of the Baptismal Certificate of the said child SHAYNE DE GUZMAN DICHOSO is likewise hereto attached as ANNEX F. ;17. Very noticeable is the unpredictable attitude character of the respondent. During petitioners delivery and confinement in the hospital, respondent instead of guarding the petitioner and their new baby would still go out or stay in his room and their houses toilet and leave them alone in the hospital the petitioner and their newly delivered baby. The relatives and friends of the petitioner and some friends are the ones staying with petitioner and the newly delivered baby until such time that they check out from the hospital;

18. After the delivery of the child of the petitioner, the parents of the respondent continued their support and assistance to the petitioner and respondent including all family households and expenses and even the additional support to the education of the respondent;

19. With this development, the petitioner again with positive attitude, hope and pray that her husband would become a responsible father and husband for herself and for the newly born;

20. Nothing changed however, the respondent continued his character and attitudes and still unable to perform his marital duties and obligations as a father to his child and husband to the petitioner;

21. Its good again that in some occasion the friends of the petitioner would stay in their house to give assistance and aid to the petitioner including the washing of the clothes and doing the daily chore and undertaking at the house of the petitioner and at lease to ease the pains and burdens of the petitioner;

22. In one time the petitioner tried to talk to the respondent and asked him to get some advice from some professional with regard to his problem. His parents and brother also agreed with this suggestion but the respondent rejected the offer and continued locking himself in.

23. Given this, the respondent would not even be thankful to the friends of the petitioner and would still quarrel and get mad with the friends of the petitioner and even destroy some appliances and throw and break some other movables in their house, shouting and holding a knife or bladed weapon while hitting the door of their house and often attempting to cut his pulse and commit suicide. He also would just wake up in the morning and start fighting with someone that the petitioner cannot see then focus all his anger and hurt the petitioner for no reason at all;

24. On September 2001, because of the repeated physical and unpredictable violence committed by the respondent against the petitioner and to their child, petitioner decided to leave the respondent ;

25. Few days however, the respondent visited the petitioner and convinced her to go back to him and live together again with him. And on January 2002, the petitioner again agreed with the hope and prayers that the respondent would change his character and way of life given the situation;

26. This prevailing situation forced the petitioner to continue and pursue her studies while she is still taking care of her child. Petitioner pursue BS Tourism in Philippine Air Transport and Training Services, Inc. (PATTS). Petitioner believed that it was such an affordable and achievable profession particularly that she wanted to become a flight stewardess in the future.

27. Petitioner projected her ability and talent by visualizing abstract ideas related to flight attendants. Fortunately, the petitioner finish BS Tourism in Philippine Air Transport and Training Services, Inc. (PATTS) on October , 2002. Copy of the CERTIFICATION from the PATTS is hereto attached and hereby marked as ANNEX F;28. Although working mother and no experience, the petitioner luckily finds job and go on some job trainings. This is not withstanding the burden of the taking care of their baby daughter;

29. Petitioner hoped that this would eventually give changes to the respondent. But nothing change, the respondent again continue his attitude. Respondent did not went to a professional nor find a job to help the petitioner.

30. The relationship of the petitioner and respondent was not within the normal pattern. This was manifested, among others by the fact that Luis did not want to help the petitioner nor help himself to become better. Because of these, Teresa was always on guard on things she would do, apprehensive of the reaction that may be manifested by Luis. In fact, to keep the peace, petitioner did things according to respondents desires and wishes.

31. However, in one time, because of the heated arguments and discussion by the respondent and his parents regarding money and school expenses, the respondent again focus his anger and madness to the petitioner. The petitioner who is supposed to participate in job training was again blamed and was hit and physically attacked by the respondent and later on placed the petitioner and their daughter in one room to together with their maid and forced them to stay arbitrary in the said room for almost one (1) week ;

32. This scenario awakens the petitioner that nothing will happen unto her life if this condition continues. Petitioner decided to return to their house in West Rambo, Makati City and bring with her their child Shayne.

33. In her new home, the petitioner started to look for her job to earn a living for herself and for her daughter, Shayne. Fortunately, petitioner easily finds work and earn for a living;

34. Petitioner is working in the evening as Call Center Agent . Her shift is usually at night time so the mother in law of the petitioner will pick up the Shayne in the afternoon before the petitioner go to work and after work in the morning the petitioner will pick up her daughter from the house of her mother in law. This set up continued for so many years, until the time that Shayne started her schooling in the pre-elementary;

35. In one occasion however, the petitioner learned from Shayne that while Shayne is in the house of her Lolo and Lola, her own father LUIS, is saying bad words to her like BAKIT KA NA NAMAN NANDITO, UMUWI KA NA NGA. SABIHIN MO KAY SOR (petitioner) WAG KA NA PAPUNTAHIN DITO HA. And the poor daughter, just cried and left her father;

36. In some cases, however, the mother in law of the petitioner would call her would say, hindi muna masusundo si Shayne. Nag-aaway Na naman sila jun at tatay niya. This is the typical and ordinary dialogue of the mother in law of the petitioner if she would not pick up Shayne from the house of the petitioner;

37. This is the reason why, in one situation Shayne told to her mother (petitioner), that while she is at the house of her Lola and lolo, she heard her father saying to her lolo PAPATAYIN KITA, words and scenarios that really affected the development , welfare and well-being the daughter of the petitioner ;

38. Petitioner even received a text message from the respondent saying that SOR, WAG NA WAG MO NA PAPUPUNTAHIN DITO SI SHAYNE HA. KUNG GUSTO MO HUMANAP KA IBA MAG AALAGA. HUWAG NA HUWAG MO PAPUNTAHIN SI SHAYNE SA BAHAY NILA. Referring to the house of petitioners in laws. Few minutes after the mother in law called and told me, that they cannot pick up Shayne because theres a quarrel again between the respondent and his father;

39. Since then, the petitioner concluded that the respondent already abandoned the petitioner and was living on his life without any desire of commitment of a father and husband. However, news still reach the petitioner that respondent is still unemployed, no plans of his own, not studying and too much dependent on his parents and always cause trouble and quarrels with his parents and other family members;

40. That both petitioner and respondent did not acquire any real property of their own nor any real properties are registered under their name;

41. That during the respondents union with the petitioner, respondent has unreasonably and unjustifiably failed to observe love, respect and render mutual help and support and fidelity towards the petitioner and their daughter Shayne;

42. That after careful study, there appears some manifestations that the respondent suffer some traits and characters leading to respondents psychological incapacity, which is technically identified as Dissociative Identity Disorder and Borderline Personality Disorders and this personality disorder affects greatly the performance of his marital duties and obligations ;

43. Among others, said psychological incapacity of the respondent can be best described by the following criteria which the respondent manifested:1) A pattern of unstable and intense interpersonal relationships as it is characterized by alternating between extremes of over ideation and devaluation. This was manifested by the respondent, Luis, with his failure to enhance his intimate and more personal relationship with his wife, petitioner Teresa;2) The frequent talking of the Luis to himself and his continued locking of himself in the room or toilet and unpredictable change of character that lead to physical violence toward the petitioner Teresa

3) Recurrent gestures, or threats or self-mutilating behaviour as manifested by Luis s frame of mind , ill-tempered and irritability to himself and to his wife ;

4) Affective instability and marked reactivity of mood as it shifts from baseline mood to depression, irritability or anxiety, usually lasting a few hours and only rarely more than a few days.;

5) Inappropriate, intense anger or difficulty controlling anger with frequent displays of temper, constant anger, recurrent physical fights. While respondent and petitioner are living together as husband and wife, respondent Luis, displayed several times in their relationship his temperamental attitude which usually results to their constant fights. Their arguments would usually end with verbal and physical abuse directed by the respondent Luis against petitioner Teresa;

6) Impulsiveness in areas that are potentially self-damaging to the marital relationship of husband and wife such as sex and others. This was manifested by Luis in his inability to be sensitive to the psychological needs of his partner petitioner, Teresa, which greatly affects their relationship as husband and wife ;

44. Although present at the time of their marriage, but unknown to the petitioner and the respondent, said psychological incapacity of the respondent to comply with their marital obligations became manifest, and the petitioner became aware thereof, only after the celebration of their marriage ;

45. That behavior and actuation of the respondent as aforementioned are clear manifestations of the psychological incapacity of the respondent to comply with his essential marital obligations. Such incapacity appears to be medically or clinically permanent and incurable;

46. The petitioner, now therefore brings this suit against the respondent under Article 36 of the Family Code of the Philippines, for the declaration of nullity of their marriage on the ground that respondent is psychologically incapacitated to comply with the essential obligations of marriage pursuant to Articles 68, 69, 70 and 71 of the New Family Code of the Philippines

47. In view thereof, the petitioner submits this petition before the Honorable Court for the declaration of absolute nullity of her marriage with the respondent based on Article 36 of the Family Code (as amended);

48. that is, the respondent is psychologically incapacitated to perform comply with the essential marital obligation of marriage and unreasonable refusal to assume the responsibilities and obligations of a husband , a life-long partner , and a father to his child among others are a covert manifestations of his psychological incapacity . That those manifestations are present at the time of the celebration of their marriage thereof although the same became manifest only after its celebration;

P R A Y E R SWHEREFORE, premises considered, after due notice, hearings and other court processes, it is most respectfully prayed for unto this Honorable Court that this petition be granted and judgment be rendered:

1. Nullifying the marriage entered into by the petitioner and the respondent celebrated on March 03, 2001 at St. Francis of Asisi Parish, Shaw Blvd. Mandaluyong City, Metro Manila under Certificate of Marriage under Registry no. 2001-449 of the City Civil Registrar of Mandaluyong City, Metro Manila;

2. Ordering the City Civil Registrar of Mandaluyong City, Metro Manila and the National Statistics Office to cancel from their respective book of marriages the aforesaid marriage between the petitioner and the respondent;

3. Ordering that the custody, care and supervision of the respondents and petitioners daughter, SHAYNE DE GUZMAN DICHOSO be awarded solely unto the petitioner. Other reliefs, just and equitable under the premises, are likewise prayed for.

Manila City for Makati City, Philippines, August 10, 2010.

AIMEE BERNADETTE B. QUINONES

Public Attorneys Office

Counsel for Accused-Appellant

Roll of Attorney 1234

MCLE Compliance Certificate II; 1-24-14

IBP 21345; 1-24-14; City of Manila

PTR 123465; 1-25-14; City of Manila

Copy furnished:Atty. Reggie Landrito

Solicitor General

Roll of Attorney 12345

MCLE Compliance Certificate II; 7-19-14

IBP 21345; 1-14-14; City of ManilaVERIFICATION / CERTIFICATION

I, TERESA DE GUZMAN, Filipino, of legal age, married and a resident of 15 C Poi Del Pillar Street, West Rambo, Makati City, after being sworn to in accordance with law, do hereby depose and state:

1. That I am the petitioner in this instant petition for declaration of absolute nullity of marriage;

2. That, I caused the preparation and drafting of the foregoing petition;3. That , I have read and understood the petition and contents thereof, and that the allegations therein are true and correct of my own personal knowledge ;

4. That I have not commenced any other action , petition or proceeding involving the same petition in the Supreme Court, Court of Appeals, or any other tribunal or agency;

5. That no other action, petition is pending in the Supreme Court, Court of Appeals, or any other tribunal or agency;

6. That if I should hereafter learn that a similar action, petitioner or proceeding has been filed or is pending before the Supreme Court, Court of Appeals, or any other tribunal or agency, I undertake to report that fact to the Honorable Court within five (5) therefrom.

TERESA DE GUZMAN

Affiant

SSS NO: 33- 850 34 540

Subscribed and sworn to before me this __________ in the ________________ affiant exhibited to me her SSS NO: 33- 850 34 540 with picture on it as her competent evidence of her identity.

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NOTARY PUBLIC

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Series of 2010