Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
San Juan City
Branch 10
Robin A. Scherbatzky- Stinson,
Petitioner,
-

Versus -

Civil Case No. ___123________

For: Declaration of Nullity
Marriage

of

Barney A. Stinson,
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 121

Kamias Sreet, San Juan City while respondent is likewise of legal
age, Filipino citizen and a resident of 199 Orange St. cor. London St.
Project 8, Quezon City, where he may be served with summons,
orders and other legal processes of this Honorable Court;

2. Petitioner and respondent are husband and wife, having been

legally married on December 2, 2015 at Saint Joseph the Humble
Worker Parish, San Juan City, a copy of their marriage certificate is
hereto attached as Annex A;
3. A child was born in wedlock, Kendall S. Harris, aged one month old
old, a copy of his Certificate of Live Birth is hereto attached as
Annex B;
4. In retrospect petitioner and respondent are high school sweethearts.
They dated for 3 years however, they broke up 2 days before their
High School Graduation due to Barneys infidelity. 10 years after,
they met for the very first time after their break up during their high
school reunion. Old feelings came rushing back as they reminisce
the beautiful memories of their past.
5. The petitioner and respondent entered in an uncommitted unofficial
relationship. They were so attracted to each other physically and
they frequently indulged in sexual intimacies which resulted in
respondents pregnancy. Petitioner did not want to marry
respondent for she knew him to be a playboy, having had a long list
of girlfriends and lovers but due to their parents intervention, they
finally decided to get married.
6. Their first month of being married was marred by frequent fights
and disagreements. Respondent always come home late at night
with an unfamiliar scent on his clothes and lipstick stain on his neck
and chest which brings about the fight.
7.

In April 2016, petitioner has been experiencing recurring fever,

rapid weight loss, extreme and unexplained tiredness. These
symptoms lasted for several weeks already so she consulted a
doctor and series of tests were made in Makati Medical Center.

Unfortunately, the doctors found out that she is HIV POSTIVE , a

copy of the petitioners HIV TEST RESULT is hereto attached as
Annex C.

Page 01.
8. Upon learning her condition, she rushed home to check the medical
files of his husband in his drawer and the disgusting truth was
uncovered, the respondent has been diagnosed of HIV since August
2014, a copy of the respondents HIV TEST RESULT is hereto
attached as Annex C.
9. Petitioner is filing this petition to declare his marriage a nullity.
Respondent obtained the consent of the petitioner through fraud in
violation of Article 45(3) and Article 46(3)of the New Family Code
which provides that Concealment of sexually transmissible disease,
regardless of its nature, existing at the time of the marriage
constitutes fraud.
10. That said HIV is grave, serious and incurable and existed prior to
the marriage and became manifest during its existence. ;
11. That petitioner and respondent have not acquired any real
properties in the course of their marriage.
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.
San Juan. May 12, 2016
Atty. MARIA VON TRAPP
Counsel for Petitioner
Daisy Executive Suites
Daisy Bldg., E. Rodriguez Sr. Ave.,
Quezon City
IBP No. 123456 dtd. 01-07-09Pasig City
PTR No. 57558878 /01/14/09/ Bulacan
Roll No. 33476
MCLE Compliance II 000931228
Dtd. March 27, 2015
VERIFICATION

I, Robin A. Scherbatzky- Stinson, 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;

Page 02.
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.

BENJO C. BERNARDO
Affiant

SUBSCRIBED and SWORN to before me this 1st day of May 2016, affiant
exhibited to me his ______________ dated ________________ issued in
_________________.

Doc. No. ________

Page No. ________
Book No. _______
Series of 2016.

Page 03.