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Republic of the Philippines

National Capital Judicial Region

Pasig City
Branch 261
- versus -

JDRC Case No. 9106

For: Declaration of Nullity of

This is a petition for declaration of nullity of marriage under Article. 36 of the Family
Copies of the Petition were sent by personal service to the Office of the Solicitor General
and to the Office of the City Prosecutor.
Because the respondent is a foreigner, of Arab Nationality and is not a resident of the
country, summons upon the respondent was served by publication. However, prior thereto,
summons was served at his last known residence and thereafter, petitioner caused the service
thereof by publication in a newspaper of general circulation.
After the summons and copy of the petition were published, the Court issued an Order
directing the Office of the City Prosecutor to conduct an investigation whether or not collusion
was present in the filing of the petition; whereupon, Assistant City Prosecutor Nonilon L.
Tagalicud was directed to conduct investigation as to whether or not collusion exist between the
parties in the filing of the instant petition.
In his report dated June 13, 2012, which Assistant City Prosecutor Tagalicud submitted to
this court, he stated that " there appears to be no collusion between the parties ".
Thereafter, pre-trial conference was set and terminated on May 13, 2013 admitted fact/s
was stipulated, issues were defined and the documents were marked, After the pre-trial of this
case, trial on the merits ensued.

Page 02.
From the evidence, testimonial and documentary, adduced by herein petitioner, it appears
that the petitioner and respondent met each other sometime year 2000 while working as a
waitress in a restobar in Mabini. Respondent and his foreigner friends, all Saudi Nationals, were
customers then.

He was instantly attracted to the petitioner who was very young at age 22

while he was twice her age. On the other hand, she was attracted to him because she was treated
very special by him, showering her with gifts and attention and his generosity extended not only
to her but to her family as well. Hence for two years, whenever respondent would be in the
country for brief vacations, he saw her several times and courted her to no end.
Petitioner was persuaded. In May 19, 2002, they married, even though she knew he was
already married, he being a Muslim. She did not convert to Islam and has to date remained a
catholic. After their marriage, he bought a condominium unit in Pasig City on installment, where
they stayed. Being a foreigner, he would only be here for several days, and be back to his
country where his business and livelihood was. He would be away for months until his next visit
to the country and be with petitioner again.
Respondent likewise testified on the different situationers when she and respondent were
still living together, such as:

Respondent was an incurable womanizer and without serious commitment to his



Respondent was a manipulative, controlling man and in the extreme would even
resort to emotional blackmail, even threatening to kill or hurt himself, to get what
he wants;


Respondent failed to be considerate and respect petitioners preferences as his

wife so much so that he resorted to marital rape, whenever he want sex at times
and at all costs;


Respondent was a self-centered man, irrationably the jealous, domineering type

so that even when he was not in the country, petitioner still felt she was his


Respondent did not honor and comply with the basic marital obligations of mutual
love, respect and support as enumerated in Art. 68 of the Family Code;


Respondent had completely abandoned her since the latter part of 2004 up to the

Page 03.
As a result of respondents psychological incapacity their marital life was characterized
by constant quarrels & misunderstandings whenever respondent was around even for a few days.
When he is abroad, he checks on her every hour on the hour and even verifies if she is already at
home by asking her to open the television set or radio or talk with the maid. He was irrationably
the jealous type and would imagine she had a boyfriend. Worse, he only leaves her enough
money for food and payment of monthly bills and not for sudden or unanticipated emergencies
so that when she is sick or her sickly mother needed to be brought in the hospital or for whatever
emergency situation, she does not have money to spend. Much as she would like to earn her own
money, respondent prohibited her from working.

In court, in answer to the query, but when you finally live together with him?, she
responded, Wen we live together, he treated me differently, he was very demanding. Palagi po
siyang lumalabas, umiinon sa mga bar, siempre po nagagalit na ako dahil umuuwi sya ng
madaling araw tapos magtatalo po kami then magdedemand po sya ng sex kahit na umiiyak po
ako. May time po na kahit mayroon ako, gagalawin niya rin po ako. Masyado pong nabababoy
napo ako.

On cross examination, the prosecutor was able to elicit the following information from
the witness:


That he wanted her to convert to become a Muslim but because they were always

quarreling because of cultural and religious differences, she did not convert;
2. That petitioner always felt that she was his possession so much so that she had not say
in their lives;
3. That he was very abusive to her emotionally and sexually to her;
4. That he left her in 2004 and never came nor call back so that she was no longer able
to continue to pay for the condominium they purchased on installment.

Page 04.

Petitioners corroborative witness was her sister, Janet Pachejo. Like petitioner, she
testified by virtue of a Judicial Affidavit. In brief, she testified that she lived with her sister, the
petitioner in the Condominium unit where she and her husband stayed and thus whenever the
husband of her sister was in the Philippines, she was a witness to their relationship and his
brother-in-laws lifestyle whenever he is in the country. In her Judicial Affidavit, in Answer to
the query, What if, any, did you notice about his treatment or relationship with each other? She
answeredHe was very bossy, very possessive, overly jealous even to our cousin or their
neighbor. He demands to be served. When he is angry at my sister, he does not hide it from us
and would also be angry with all of us. In fact, when I am at their unit and he is angry or
jealous, he will also not talk with me. He treats my sister differently after they were married
already. Whereas before, he treated her like a princess; after they were married, he treated her
like a servant and this time around, he was not good and gentle to her.
Next to testify was expert witness, Mrs. Nedy Tayag, a clinical psychologist, who
conducted a series of tests upon petitioner and her corroborative witness. Likewise testifying on
Judicial Affidavit, she found her to be psychologically incapacitated to perform her essential
marital obligation. Clinically, she said that petitioner is suffering from Passive Aggressive
Personality Disorder with traits of Narcissistic Personality Disorder.

Essentially, this was

manifested in her being weak-willed, who allowed herself to be trampled upon by the
respondents brutality. She relied heavily on respondent when she could have done things to be
productive. She was very gullible and easily trusting of people that she never learned from her
mistakes and wrong experience altogether. Psychologist Nedy Tayag traced the root cause of her
personality condition back from her childhood days.
On the part of the respondent, she found him to be suffering from Anti-Social Personality
Disorder. According to Mrs. Tayag and we quote: Assad has no plan for himself but to live a
life that was filled with fun and enjoyment and free of commitments and responsibilities. He was
an incurable womanizer and without serious commitment to his wife. He was manipulative man
and even resorted to emotional blackmail by threatening to kill or hurt himself to get what he
wanted. He lacked due empathy towards the feelings of his wife and is negligent of her needs
and personal well-being. He failed to be considerate and disrespected petitioners preference as
his wife that he resorted to marital rape. He was a self-centered man, irrationally jealous,
domineering that even when he was not in the country, Petitioner still felt that she was his
prisoner, lacked adequate trust as he was always suspicious of petitioner. When he was abroad,
he checked on her every hour even verified if she is already at home by asking her to open the

Page 05.

television or radio or by talking with the maid. He was highly irresponsible and did not honor
his obligations as the husband. He only left her enough money for food and payment for
monthly bills and not for sudden or unanticipated events or for whatever emergency situation.
He was seen to be impulsive and disrespectful towards petitioner. He lacked depth towards his
commitments and lack the ability to direct his own household. He has not insight towards his
commitments and lacked the ability to direct his own household. He has no insight towards his
defective behavior as he never accepted the responsibility for his faults.

Respondents psychological dysfunction can likewise be traced from his childhood

experiences that have significantly affected his socio-emotional growth and adjustment.
The Psychological dysfunction of both petitioner and respondents are grave, serious,
chronic, severe and incurable. These findings were revealed in her Report.
On cross examination by the trial prosecutor, Mrs. Tayag explained that Anti-Social in
laymans term in a clinical setting is referred as hardened emotional criminal and is manifested
in exploitative behavior, manipulative behavior, defying personal and moral conviction,
irresponsibility in all aspect and lack of empathy. Also, it does not mean that because the
respondent is a Saudi National practicing Muslim, he was already free to treat his wife in an
abusive manner because the standard in treating a wife or a husband is universal and culture has
nothing or little to do with religion or culture. In like manner having anal sex with a wife is a not
a regular norm.
On the other hand, it was elicited from the witness that the petitioner too has a
psychological dysfunction, i.e. passive-aggressive, manifested in her allowing herself to be
exploited and manipulated on the notion that at the back of her mind, she can get out of it and it
has something to do with her developmental milestone and predisposition to project an image
that I can tolerate something because at the back, I know for sure that I will be satisfied.

Page 06.

At the end of the expert witness testimony, she recommended that, in view of her clinical
findings that both parties are psychologically incapacitated to comply with the essential
obligations of marriage, the marriage be declared a nullity.
Petitioner was able to prove her petition that her marriage to her husband, a Saudi
National, who has never returned to her and who during their marriage failed to comply with the
essential obligations of marriage, should never have been celebrated at all. Further, she, too, was
also found to be psychologically incapable to comply with the essential obligations of marriage
under Art. 36 of the New Family Code.
The characteristics of psychological incapacity must exhibit gravity, antecedence and
incurability. It is grave if the subject cannot carry out the normal duties of marriage and the
family shouldered by any average couple existing under everyday circumstances of life and
work. It is antecedent to marriage if at least the roots of the trouble can be traced to the history
of the subject before the marriage, although its overt manifestations appear only after the
wedding. Lastly, it is incurable if the required treatments exceed the ordinary means of the

Thus, if the required treatments exceed the ordinary means of the subject, his

psychological fitness is incurable.

The determination whether a person is psychologically incapacitated to comply with the
essential obligations of marriage is on a case-to-case basis, depending on the facts and
circumstances attending the marital relationship of the couple. The actions and attitude of a
spouse towards his or her partner and to the marital relationship are classified as manifestations
of psychological incapacity. Such manifestation must be directly related to the exercise of the
spouses marital obligations of the spouse to his or her partner.
Thus in the case of Ngo Te v. Uu-Te, G.R. No. 161793, February 13, 2009, the Supreme
Court ruled and we quote: Each case must still be decided based upon the facts attending to
the same. Every annulment case must be decided and treated differently. An annulment of
marriage based upon psychological incapacity is not against the constitutional policy of
protecting the marriage as a social institution.

In fact it protects the spouses in the

marriage, who in the first place should not have been married because the other party is
suffering from psychological incapacity. In fact, Article 36 of the Family Code is designed
to protect the sanctity of marriage by annulling those marriages of people who are
suffering from psychological incapacity to comply with the essential obligations of

Page 07.

It may be stressed that the infliction of physical violence, constitutional indolence

or laziness, drug dependence or addiction and psychosexual anomaly are manifestations of
a sociopathic personality anomaly. Let it be noted that in Article 36, there is no marriage
to speak of in the first place, as the same is void from the beginning. To indulge in imagery,
the declaration of nullity under Article 36 will simply provide a decent burial to a stillborn
In the case of Ting v. Ting, G.R. No. 166562, the Supreme Court held and we quote:
To require the petitioner to allege in the petition the particular root cause of the
psychological incapacity and to attach thereto the verified written report of an accredited
psychologist or psychiatrist have proved to be too expensive for the parties. They adversely
affect access to justice of poor litigants. It is also a fact that there are provinces where these
experts are not available. Thus, the Committee deemed it necessary to relax this stringent
requirement enunciated in the Molina case.
But where, as in this case, the parties had the full opportunity to present
professional and expert opinions of psychiatrists tracing the root cause, gravity and
incurability of a partys alleged psychological incapacity, then such expert opinion should
be presented and accordingly, be weighed by the court in deciding whether to grant a
petition for nullity of marriage.
Such is the case at bar, the clinical psychologist was able to conduct a clinical study on
the psychological incapacity of both petitioner and respondent to comply with the essential
obligations of marriage and was able to identify its juridical antecedents and prove the gravity
and incurability of the psychological dysfunction.
Petitioner and respondent could never live together harmoniously considering the
psychological incapacity of the respondent. Their marriage is already beyond repair, as possible
reconciliation and respect fidelity authentic cohabitation as husband and wife, mutual help
support, and commitment did not and will no longer exist between them.
With due consideration of the above-mentioned findings, the psychologist recommended
that the marriage that ties between petitioner and respondent, be declared null and void".

Page 08.

WHEREFORE, premises considered, it is most respectfully prayed that the marriage

between the petitioner and respondent be declared void from the beginning under Article 36 of
the Family Code.

Quezon City for Pasig City. September 2, 2015.


Counsel for the Petitioner
Wheels Executive Suites Wheels Building
No. 222 E. Rodriguez Sr., Ave., Quezon City
PTR No. 3114149 January 7, 2015 Rizal
IBP No. 977084 January 7, 2015 Rizal
Roll No. 33476
MCLE Compliance V No. -0001086 November 5, 2013
Tel. Nos. 416-3901; 09209053089
Copy Furnished:
Office of the City Prosecutor--- Personal Service
Pasig City.
Office of the Solicitor General -----Registered Mail with Return Card
Amorsolo Street, Legaspi Village
Makati City.
A copy of this Memorandum was sent to the Office of the Solicitor General by registered
mail instead of personal service in view of the lack of messenger to effect personal service.