Republic Of The Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 32
Davao City

BELLE B. BELLATOR,
Petitioner,
-versus- Civil Case No. 123456
For: Declaration of
Nullity of Marriage
under Art. 36 of Family
Code
RAYMUND R. BELLATOR,
Respondent,
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PETITION

COMES NOW petitioner, through the undersigned counsel and to this

Honorable Court, respectfully alleges:

THE PARTIES

1. That petitioner BELLE B. BELLATOR is of legal age, married,

Filipino and resident of # 2, CPDA Village, Brgy. Ma-a, Davao City;

2. That respondent RAYMUND R. BELLATOR is likewise of legal

age, married, Filipino and also residing at # 2, CPDA Village, Brgy. Ma-a,
Davao City;

STATEMENT OF FACTS

3. That petitioner and respondent celebrated their marriage on August

15, 2015 before San Pedro Cathedral, Davao City;

4. That petitioner and respondent have one child. They have no

written agreement executed before the marriage to govern their property
relations nor have any community property acquired during their marriage.
They have no debts;

5. That petitioner met the respondent sometime in 2010 in Puerto

Princesa, Palawan. Their romance blossomed into marriage before the priest
of San Pedro Cathedral;

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 ALLEGATIONS

The Plaintiff further states and alleges the following:

6. That in a short span of time they had been together, this is the time
which the petitioner describes as a period where the respondent’s instability,
psychological or otherwise, showed up;

7. That other instances, wherein such instability could be reasonably

inferred are as follows:

7.1 After their marriage, the respondent gave up his work as an

accountant in an accounting firm without any justifiable reason;

7.2 That petitioner tried to explain to him that it was his

responsibility to support her but respondent would ignore and shout at
her, making the petitioner the breadwinner of the family;

7.3 That the respondent is a DOTA game Addict;

7.4 He is a womanizer;

7.5 He resorts to drug and alcohol abuse during their cohabitation;

7.6 That the respondent does not want to have a child with the
petitioner because according to him it will just cause burden for him;

7.7 That parties would fight even for the smallest things through
not due to the fault of the petitioner, and frequently, the respondent
would always apologize to the petitioner, but later on, he will repeat
his quarrelsome and troublesome ways;

7.8 He prefers to hang out with friends and with his mistresses instead
of being with petitioner;

8. That during their honeymoon period, things were running smoothly

between them, but not on the succeeding week, when the respondent’s
instability started to manifest clearly to the petitioner. Their relationship
lasted sometime in 2018;

9. That some other manifestations of the psychological and emotional

disturbances on the part of the respondent can be cited as follows:

9.1 That there were many times when the respondent never even
kissed or even hugged the petitioner. Respondent would not even
look at her whenever they spoke with each other. She was always the

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 one, who holds or hugs him so that they may become closer to each
other but every time she tries to be closer to him, he simply had to
always turn his back to her or shuns her away. This is causing so
much unbearable emotional and psychological pain on the part of the
petitioner;

9.2 That petitioner told the respondent that they should discuss
what went wrong between them and hopefully they could work it out
again. The petitioner verbalized all of the things she had noticed and
felt, knowing that everything works out when there is an open
communication. She told him about the lack of passion, respect and
romance in their relationship. The respondent just ignored her pleas;

9.3 That respondent began hurting the petitioner physically by

throwing knives and kitchenware on her and shoving her around;

9.4 That respondent did not stop playing video games from early in
the morning until late at night and using alcohol and drugs;

9.5 The respondent abandoned the petitioner and left to be with

another woman. Since May 2019, the respondent did not return nor
tried to communicate with the petitioner. The petitioner on several
instances, tried to reach the respondent through his relatives and
friends but to no avail.

10. That the petitioner already gave up on the respondent after trying to
give all her efforts just to save her marriage to a man who, as shown in the
foregoing, is not cognitive to and psychologically incapable of performing,
his basic marital covenants to herein petitioner;

11. That further, respondent’s psychological incapacity from all

indications appears to have been manifesting at the time of the celebration of
marriage. Although said manifestations were not then perceived, the root
cause shall be proved to such an extent that respondent could not have
known the obligations he was to fulfill or knowing them could not have
validly performed them. It is of such incapacity that respondent was unable
to assume his marital obligations;

12. That the respondent’s incapacity to fulfill his essential marital

obligations appear to be grave, incurable and deeply ingrained, thus;
warranting the issuance of the Decree of Nullity of petitioner’s marriage
with the respondent;

13. That finally, the petitioner has therefore no other recourse but to seek
judicial relief. The prospects or possibility of respondent to reform and
assume his essential marital obligations is a remote possibility, if not a
hopeless expectancy.
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 PRAY E R

WHEREFORE, it is respectfully prayed that this Honorable Court

rendered judgment:

1. Declaring the marriage entered into by the parties as NULL and

VOID on the ground of psychological incapacity of the respondent;

2. Ordering the Local Civil Registrar and the National Statistics

Office to cancel in their respective Books of Marriages, the marriage between
the petitioner and the respondent.

FINALLY, Petitioner also prays for such other reliefs deemed just and
equitable.

RESPECTFULLY SUBMITTED.

DONE. Davao City, Philippines. February 10, 2020.

(sgd.)
ATTY. JACOBO J. JUMAW
Counsel
Roll No. 54321/January 5, 2020
IBP Lifetime No. 09190
PTR No. 1276543, issued on May 05, 2019 at Davao City
MCLE No. IV-004222, issued on April 10, 2019 at Davao City
#60 Magallanes Street, Davao City

REPUBLIC OF THE PHILIPPINES)

CITY OF DAVAO ) S.S.
x----------------------------------------------x

VERIFICATION AND CERTIFICATION

I, BELLE B. BELLATOR, of legal age, Filipino citizen, and a resident

of # 2, CPDA Village, Brgy. Ma-a, Davao City, under oath, depose and state:

1. That I am the plaintiff in the above-stated case;

2. That I have caused the preparation of the foregoing complaint;

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 3. I have read and understood the allegations therein contained and
the same are true and correct of my own personal knowledge and
based on authentic records;

4. I have not commenced any other action or proceeding involving

the same issues in the Supreme Court, the Court of Appeals, or any
other tribunal or agency; to the best of my knowledge and belief,
no such action or proceeding has been filed or is pending before
the Supreme Court, the Court of Appeals, or other tribunal or
agency; that I should thereafter learn that a similar action or
proceeding has been filed or is pending before the Supreme Court ,
the Court of Appeals, or any other tribunal or agency, I under take
to report that fact within five (5) days therefrom to this Honorable
Court.

IN WITNESS WHEREOF, I have signed this instrument on the

th
10 day of February 2020, in the City of Davao, Philippines.

(sgd.)
BELLE B. BELLATOR
Affiant

SUBSCRIBED AND SWORN TO before me, this 10th day of February

2020, personally appeared to me a certain BELLE B. BELLATOR
exhibiting to me her Community Tax Certificate No. 002945 issued on
January 2020 at Davao City, Philippines and her Driver’s License No. 5233
issued on November 9, 2018 at Davao City, Philippines.

Doc. No. __ ;
Page No. ___ ;
Book No. ___;
Series of ___ .