PETITION
PETITIONER x x x, by counsel, respectfully states:
1. Petitione etitionerr is xxx years years old, old, born born on xxx, xxx, old and a resident of xxx City.
Petitioner is a graduate of ac!elor of "cience in xxx fro# t!e xxx. $e !ad co#ple co#pleted ted %arious %arious rele%ant rele%ant training training in in !is &eld t!at catapulted !i# to t!e co%eted position of C!ief 'ate at a %ery young age. Petitioner (as t!e s!ip captain captain at t!e age of xxx years of t!e xxx, (!ere !e too) of !is training in !is &eld. *ttac!ed as *nnex +* +* !ereof is a copy of t!e io-ata io-at a of t!e petitioner for ready reference. /. T!e respondent xxx is xxx years old, born on xxx, and a resid esiden entt of xxx xxx City City,, (!er (!ere e s!e #ay be ser% ser%ed ed (it! (it! su##ons for t!e instant case. Respondent Respondent &nis!ed xxx at a sc!ool in xxx. 0!ile petitioner )ne( t!at respondent (as e#ployed (it! xxx fro# xxx to xxx, !e !as no )no(ledge of respondents present e#ploy#ent, if any. 2. Petitioner Petitioner !as been e#ployed e#ployed at t!e xxx Corporation Corporation fro# xxx until present. $e (as a ec) Cadet fro# xxx to xxx3 T!ird 'ate fro# xxx to xxx3 T!ird4"econd 'ate fro# xxx to xxx3 "econd 'ate 4 C!ief 'ate fro# xxx to xxx3 and C!ief 'ate 'ate fro# fro# xxx xxx to xxx. xxx. $e !olds !olds t!e rec recor ord d of being being t!e youngest s!ip captain at a young age of xxx years old of t!e xxx Corporation.
5. Petitioner !ad a son out of (edloc), during !is bac!elor years. T!e son is xxx, xxx years old, born on xxx, xxx grade pupil. Petitioner !as been t!e one pro%iding &nancial support to xxx t!roug! re#ittances deposited in a ban).
*ttac!ed as *nnex + is a copy of t!e Certi&cate of 6i%e irt! of xxx. 7. Petitioner and respondent &rst #et so#eti#e in xxx. T!ey initially beca#e text #ates fro# xxx to xxx of t!at year (!en one of Petitioners college class#ates ga%e !i# Respondents #obile nu#ber. $o(e%er, t!ey e%entually lost contact starting xxx because Petitioner !ad to undergo a sea#an-training course at t!e xxx Institute xxx (!ere #obile p!ones are not allo(ed (!ile in t!e duration of t!e training. y xxx, Petitioner (as able to successfully &nis! !is training course and resu#ed !is co##unication (it! t!e Respondent. In t!e sa#e #ont! of xxx, Petitioner and respondent #et for t!e %ery &rst ti#e in xxx and engaged in pre-#arital sex on t!e sa#e day.
8. "ince t!en, petitioner and respondent sa( eac! ot!er once e%ery (ee). T!ey (ere already s(eet!earts (!en petitioner boarded a %essel as es) Cadet in xxx for !is &rst (or) contract. T!eir relations!ip continued %ia long distance, (it! constant calls and e#ails. In xxx, petitioner !ad !is %acation in t!e P!ilippines. It (as t!en (!en !e introduced t!e respondent to !is fa#ily. T!e latter (ar#ly accepted t!e respondent.
9. In xxx, respondent started to stay at t!e !ouse of t!e petitioner, (it! petitioners parents and siblings. Petitioners siblings started to notice t!at petitioner and respondent often engaged in %erbal argu#ents o%er petty #atters. T!ey (ould s!out at eac! ot!er and no one (ould (ant to bac) o. Petitioner expected t!e respondent to gi%e in during &g!ts but respondent (ould e%en get angrier t!an !i#, not (anting to lo(er !er %oice.
;. 'oreo%er, Petitioner disco%ered t!at Respondent is t!e do#inant and controlling type. "!e (anted t!ings !er (ay and (ould be %ery angry (!en !er (ants are not granted. Petitioner reali
!e could not do so (!en s!e bro)e t!e ne(s t!at s!e (as already pregnant (it! t!eir c!ild.
=. Petitioner and respondent e%entually got #arriage to eac! ot!er on xxx, despite t!e uncertainties already entertained in t!e #ind of t!e petitioner, because petitioner !ad as)ed t!e per#ission of t!e respondents #ot!er for t!e said #arriage. *fter t!e nuptial, t!e couple continued to establis! t!eir d(elling place at t!e !ouse of Petitioners parents. *ttac!ed as *nnex +C !ereof is a copy of t!e Certi&cate of 'arriage of t!e parties.
1>. 0!ile li%ing toget!er as !usband and (ife, petitioner found out t!at respondent (as a %ery ?ealous and suspicious (o#an. 0!ene%er Petitioner arri%ed !o#e fro# !is training, Respondent (ould c!ec) !is belongings, especially !is #obile p!one, for any e%idence of a probable in&delity on !is part. "!e suspected !i# of !a%ing an illicit aair (it! !is for#er girlfriends, particularly (it! t!e one (!o# !e !ad sired a c!ild out of (edloc). 0!ile petitioner ad#itted t!at !e !ad a son prior to #eeting t!e respondent and !e !ad @ings before3 !e no longer engaged in suc! @ings after !is (edding (it! t!e respondent. $o(e%er, respondent did not belie%e t!e petitioner and s!e gre( all t!e #ore suspicious of !is actions, accusing !i# of in&delity e%en if s!e !as no concrete basis at all.
11. espite t!e fact t!at t!eir #arital relations!ip (as already in s!a#bles as t!ey continue to engage in !eated argu#entation and &g!ts, t!e supposed c!ild of t!e parties, xxx (as born on xxx. *ttac!ed as *nnex + !ereof is a copy of t!e Certi&cate of 6i%e irt! of xxx.
1/. Petitioner obser%ed t!e distance t!at de%eloped bet(een !i# and xxx. *t &rst !is attributed t!e said distance due to !is o%erseas e#ploy#ent. Petitioner (as often told t!at t!e features of xxx are star)ly dierent fro# !is. Ainally, !e decided to sub?ect xxx and !i#self to N* to ascertain !is paternity of t!e said c!ild. T!e dierences in t!e facial features of t!e petitioner and Bxx Bxx are readily %isible in t!e attac!ed picture of t!e petitioner and xxx ta)en recently in xxx *nnex +E !ereofD.
12. 'uc! to t!e petitioners dis#ay, t!e N* result conducted on Bxx Bxx and !i#self s!o(s t!at +xxx is not t!e biological fat!er of xxx. *ttac!ed as *nnex +A !ereof is a copy of t!e abo%ereferred N* Result conducted by t!e xxx on xxx.
15. Prior to t!e birt! of xxx, petitioner again boarded a %essel (it! a position of T!ird 'ate fro# xxx to xxx for !is second (or) contract. T!is ti#e, respondent started to nag !i# about &nancial support to t!e point t!at !is (or) on board (as already being aected. "!e de#anded #ore #oney fro# t!e petitioner and (as uestioning t!e support !e is gi%ing for !is siblings education. Petitioner argued t!at prior to getting #arried3 !e !ad already cleared t!is (it! t!e respondent. $e told !er t!at !e (ill still support !is siblings (!o sacri&ced t!eir education for !i# to graduate &rst so t!at !e can !a%e a ?ob. "upporting t!e# (as !is (ay to pay t!e# bac) for t!eir sacri&ces. $o(e%er, respondent too) t!is negati%ely and (ould de#and #ore &nancial support e%en if petitioner (as also gi%ing to !er fa#ily (!ene%er needed. Respondent (ould e%en pic) up a &g!t (it! Petitioners youngest sibling (it! regards t!e &nancial re#ittances. espite t!e ob?ection of t!e respondent, petitioner continued to &nance t!e education of !is siblings to co#pensate t!e# for t!eir sacri&ces t!ey under(ent for !is education.
17. Petitioner !as been regularly sending adeuate a#ount of #onetary re#ittances to t!e respondent. $is #ont!ly
&nancial allocations (ere initially a#ounting to P$P xxx, until it increased to P$P xxx. *t present, !e is sending P$P xxx to t!e respondent and xxx on a #ont!ly basis. espite t!ese a#ounts, respondent is not yet satis&ed and e%en de#anded #ore. "!e once told t!e Petitioner t!at s!e #ust recei%e P$P xxxx (!en !e is a t!ird #ate, P$P xxx as second #ate, P$P xxx as c!ief #ate and P$P xxx as captain.
18. 0!en Petitioner boarded t!e %essel (it! a position of T!ird 'ate, pro#oted to "econd 'ate, fro# xxx to xxx, for !is t!ird (or) contract, Respondent transferred location to xxx because s!e did not (ant to li%e (it! !is parents and siblings. In t!e sa#e year, respondent as)ed P$P xxx fro# t!e petitioner supposedly for t!e !eart operation of xxx. T!e follo(ing year, s!e as)ed P$P xxx fro# !i# for follo(-up operation of t!e c!ild xxx. Petitioner !ad incurred debts ?ust to raise suc! a#ount in order to i#pro%e t!e !ealt! condition of t!e c!ild xxx. 6ater on, !o(e%er, Petitioner inuired at t!e xxx $ospital (it! regards t!e c!ilds record and (as s!oc)ed to learn t!at no operations (ere perfor#ed for t!e c!ild. In fact, t!e c!ild !as no record of consultation on t!e said !ospital. It (as t!en (!en Petitioner started to as) t!e respondent (!ere !is !ard-earned inco#e (as spent on t!roug! t!e years.
19. y !indsig!t, petitioner feels !a%ing gra%ely %icti#i
1;. 0!en Petitioner too) !is %acation in t!e P!ilippines in xxx, !e no longer stayed (it! t!e respondent in xxx. T!ey (ere already separated during t!is ti#e alt!oug! !e still %isited t!e c!ild xxx in xxx (!ene%er !e !ad no training in t!e s!ipping co#pany for !is second #ate exa#ination. uring !is %isits, t!e estranged couple still engaged in sexual intercourse.
1=. In xxx Petitioner boarded a %essel as "econd 'ate, pro#oted to C!ief 'ate, for !is fourt! (or) contract. $e t!en #et anot!er (o#an, na#ed xxx and engaged in an illicit aair (it! !er. T!e follo(ing year, xxx, Petitioner and xxx sired a c!ild na#ed xxx, to (!o# t!e petitioner also extends &nancial support as !is c!ild.
/>. Petitioner returned for a %acation in t!e P!ilippines in xxx. Petitioner and Respondent (ere able to &nd (ays to reconcile to t!e #arriage bet(een t!e parties anot!er c!ance. $e t!oug!t t!at t!e latter (ould c!ange for t!e better but !e (as ?ust disappointed at !er. Petitioner (as t!en re%ie(ing for !is exa#ination as c!ief #ate (!ile Respondent (as uestioning t!e !uge a#ounts !e (as paying for t!e re%ie(. "!e (as also de#anding so #uc! ti#e fro# !i# a#idst t!e re%ie(. To address t!e co#plaint of t!e respondent, petitioner as)ed !er to lea%e Bxx and stay (it! !i# at !is parents abode so t!at t!ey could be toget!er #ore often.
/1. $o(e%er, t!eir relations!ip beca#e (orse t!an e%er, as t!eir inco#patibilities surfaced out again. T!ey engaged all t!e #ore in !eated argu#ents and &g!ts e%en at t!e presence of !is parents and siblings. Petitioner (as unable to sleep due to t!e extended uarrels (it! t!e respondent and !e attended !is re%ie( classes (it!out sleep. Petitioner lac) peace of #ind and concentration !e needed for !is re%ie(. $e te#porarily found solace in t!e co#pany of !is #ale friends, as t!ey engaged in drin)ing sessions e%ery nig!t, e%ery after re%ie( for t!e c!ief #ate exa#ination. 0!en !e arri%ed !o#e, !e (as pestered by t!e angry respondent (!o continually nagged !i#.
//. Petitioner expected respondent to be caring and t!oug!tful to(ards !i#, but s!e failed to loo) after Petitioners (elfare. "!e (as cold and apat!etic to(ards !is concerns. Respondent could not e%en prepare #erienda for t!e petitioner and (ould reuire !i# to prepare !is o(n #erienda. 'oreo%er, respondent continued to be suspicious
of !i#, constantly c!ec)ing !is belongings upon arri%al fro# !is re%ie( classes. Respondent (as sel&s!, ?ealous and indierent. Respondent ne%er cared for t!e petitioner and !is needs.
//. In t!e early part of xxx, t!e couple again engaged in !eated &g!ts (!en respondent refused to allo( t!e petitioner to attend t!e (a)e of !is grand#ot!er in xxx. Petitioner could not bring respondent along (it! !i# in t!e (a)e because !is fa#ily and relati%es strongly disappro%ed of !er.
/2. uring !eated &g!ts, Respondent (ould call !er parents and sister in xxx, crying and see)ing for sy#pat!y, (!ic! t!e petitioner !ated.
/5. T!eir #arital &g!ts beca#e all t!e #ore freuent and intense until Petitioner again boarded !is %essel as C!ief 'ate for t!e &ft! ti#e on xxx to xxx.
/7. 0!ile on board, Respondent created a fa)e Aaceboo) account of t!e Petitioner and added #ost of !is friends, including !is co-(or)ers in t!e %essel. T!roug! t!e said fa)e account, Respondent (as co##unicating (it! !is co(or)ers, telling t!e# t!at s!e and !er c!ild (as li%ing in a suatters area and are already settling for roc) salt as t!eir #eals nagdidildil ng asinD. Petitioner (as infuriated upon learning t!is because !e (as certain t!at !is &nancial allocations for t!e respondent and t!e c!ild xxx ne%er (aned. $e still sends t!e# #onetary support on a #ont!ly basis. Petitioner furt!er gat!ered t!at respondent also accused !is parents and siblings of sending !er deat! t!reats. T!is beca#e t!e last stra( of t!eir relations!ip and petitioner &nally decided t!at it is all o%er.
/8. Petitioner belie%es t!at t!eir relations!ip is already beyond repair. Petitioner did e%eryt!ing !e could to sa%e !is
#arriage (it! t!e respondent, !o(e%er, t!eir inco#patibility along (it! respondents per%asi%ely @a(ed c!aracter !ad #ade it i#possible to redee# t!e relations!ip. Petitioner narrated It (as in t!is pre#ise t!at Petitioner &nally decided to separate fro# t!e respondent3 !ence t!e &ling of t!is annul#ent case.
/9. T!e recent &nding by t!e petitioner t!at t!e c!ild xxx is NOT !is biological son furt!er strengt!ened Petitioners desire to se%ere any re#aining ties !e !as (it! t!e respondent (!o !ad lied to !i# all t!ese years t!at t!ey (ere toget!er.
/;. T!e parties do not o(n any properties, (!et!er real or personal.
/=. T!e petitioner !as engaged t!e ser%ices of t!e undersigned counsel, 6aserna Cue%a-'ercader F *ssociates 6a( OGces for t!e preparation, &ling and prosecution of t!e instant case.
2>. T!e petitioner !ad engaged t!e ser%ices of r. xxx, Clinical Psyc!ologist, for t!e deter#ination of psyc!ological e%aluation of bot! parties, (!o (ill be presented as an expert (itness in support of t!e instant petition.
*ttac!ed is *nnex +H is a copy of t!e Curriculu# itae of r. xxx, Clinical Psyc!ologist.
21. T!e psyc!ological tests ad#inistered by r. xxx on t!e petitioner (ere: Re%ised eta Exa#ination II3 ender isual 'otor Hestalt Test3 ra( * Person Test3 Rorsc!ac! Psyc!odiagnostic Test 3 "ac!s "entence Co#pletion Test 'innesota 'ultip!asic Personality In%entory I3 $and Test3 and "elf *nalysis.
2/. ased on t!e results of t!e psyc!ological tests and inter%ie( on t!e parties and corroborator as (ell as based on t!e bac)ground data gat!ered and #arital !istory of t!e parties, t!e &ndings of r. xxx are reproduced in t!e succeeding paragrap!s !erein belo(, culled fro# t!e Report of r. xxx, '. *., xxx, attac!ed as *nnex +$ !ereof, to (it:
+*fter a t!oroug! analysis of t!e data presented, it is re%ealed t!at t!e e%entual s!attering of t!e con?ugal partners!ip bet(een xxx and xxx is broug!t fort! by t!e psyc!ological incapacitation of t!e Petitioner and Respondent. T!ey (ere bot! go%erned by a debilitating psyc!ological conditions, (!ic! #ade t!e# inept to be acti%ely part of a relations!ip (!ere #utuality is founded and reuired. T!eir attitude and be!a%ior are all selfcentered in nature t!at bot! t!eir stri%ings are largely focused to cater t!eir pat!ological needs and de#ands.
22. T!e reported be!a%ioral #anifestations of t!e petitioner satis&es t!e criteria of a +P*""IE-*HHRE""IE PER"ON*6ITJ I"ORER CO'ORI *NTI"OCI*6 PER"ON*6ITJ I"ORER. T!is personality disorder caused t!e petitioner to be psyc!ologically incapacitated to co#ply (it! t!e essential obligations of #arriage.
25. r. xxx c!aracteri
Petitioner is regarded as an egocentric and self-centered person (!o up!olds a sense of entitle#ent. T!is being t!e case, !e only t!in)s of !i#self and anyt!ing t!at is in fa%or of !i#. $e loo)ed do(n on ot!ers, degrading anot!er persons capacity and (ort!, percei%ing t!e# on a lo(er stature t!an !e is. uring argu#entations, Petitioner (ould often tell t!e Respondent, +a)o ang #atalino, top notc!er a)o eK In return, !e feels superior and indo#itable (!en
t!ese are ?ust #eans to co%er up deep-seated inadeuacies and crippling anxiety. Petitioner also !as #ixed-up priorities in life. To !i#, !is parents and siblings are #ore i#portant t!an !is (ife and c!ild. Respondent narrated, +tinata)ot niya )a#ing #ag-ina na di da( niya )a#i susustentu!an, )aya da( niya )a#ing )ali#utanK#as i#portante sa )aniya ang )asi)atan niya sa fa#ily niyaK#as priority niya ang fa#ily niya )aysa sa a#in.
Petitioner is described as an e#otionally (ea)-(illed #an (!o could not directly assert !i#self to t!e circu#stances and people around !i#. Aro# t!e %ery start, !e !as reser%ations about #arrying Respondent but still pursued (it! t!e (edding (!en !e could !a%e cancelled t!e cere#ony in t!e &rst place. Petitioner narrated, +tinuloy )o po ang )asal )a!it aya( )o na sana, naisip )o na gusto )o na iatras nag )asalKpero da!il na)apagpaala# na sa #ga #agulang na#in, itinuloy na rin. On #ost occasions (!ile inside t!e #arriage, Petitioner (as not able to stand as t!e real #an of t!e fa#ily as !e lac)s t!e ability to express po(er and do#inion o%er circu#stances. $e allo(ed !is parents and siblings to dictate t!e ter#s to !i#. Instead of being !eard as t!e #an, !is decisions are typically (it!out aut!ority and t!is #ade !i# truly incapable of leading t!e fa#ily. $e is al(ays unsure and &lled (it! feelings of inadeuacy.
Petitioner is depicted as a sullen and argu#entati%e person. $e is al(ays on t!e defensi%e side of t!ings so #uc! so t!at !is #arital relations!ip !as been bo#barded (it! !eated disputes and &g!ts. Petitioner is described as +#adaling #agalit, #adaldal )apag galit, !as a bad te#per. On t!e onset, !e (ould succu#b to existing nor#s and standards as t!ese (ould aug#ent !is sub?ugated disposition and (ould probably add uality to !is depleted self concept. $o(e%er, !e internally broods !ostile and oppositional feelings (!ic! furt!er pa%e (ay to !is aggressi%e tendencies and i#pulsi%e predilection (!en pro%o)ed. $e lac)ed adeuate control of !is e#otions and (ould direct t!e# to(ards t!e Respondent and t!eir c!ild. uring #arital disputes, Petitioner (as
expecting t!e Respondent to gi%e in during &g!ts but Respondent (ould e%en get angrier t!an !i#, not (anting to lo(er !er %oice. Petitioner narrated, +pag galit a)o, nasabay siya sa init ng ulo, di siya papatalo sa a)in.
Petitioner sees !i#self as #isunderstood and unappreciated, ill-fated and de#eaned by ot!ers. $e feels %icti#i
Petitioner #anifested %acillating e#otional condition rendering !i# unstable to display adeuate reactions to relational sti#ulations. $e dit!ers fro# being t!e acuiescent and contrite type to t!e i#pulsi%e and !ostile type. $e (as ne%er consistent (it! t!e attitude and be!a%ior !e !as s!o(n to(ards t!e Respondent. *t one point, !e (ould be in !is passi%e stance. Petitioner and Respondent sa( and co##unicated (it! eac! ot!er last xxx. $o(e%er, during t!is ti#e, Petitioner told Respondent, +!indi po niya ipapa-annul ang )asal na#in da!il #a!al da( niya a)oK *t anot!er point, !e (ould e%entually feel angry to t!e extent of t!reatening t!e Respondent, e%en !er life. In xxx, Petitioner blac)#ailed t!e Respondent by telling !er t!at !e (ill spread out !er nude p!otos in !is laptop. Respondent narrated, +sa totoo lang po #aa#, natata)ot a)o sa #ga banta niya da!il ala# )ong )aya niyang ga(in iyon. Respondent narrated, +I can pro%e !is text #essages na papatayin niya a)o, papatayin niya )a#iK
Petitioner is pictured as a #an (!o ta)es !is co##it#ents lig!tly. $e is e#otionally elusi%e (!en it co#es to !is #arital diGculties so #uc! so t!at !e tends to act passi%ely ?ust to preser%e e#otional attac!#ent. $e #ay appear confor#ing but in(ardly !e is &lled (it! scorn and conte#pt for !is o(n incapacity (!ic! !e often expressed out(ardly by (ay of passi%e-aggression and procrastination. *s a result, !e engaged in an illicit aair (it! anot!er (o#an. In xxx, Petitioner boarded a %essel for !is fourt! (or) contract. $e t!en #et anot!er (o#an, na#ed xxx, and engaged in an illicit aair (it! !er. T!e follo(ing year, xxx, Petitioner and xxx sired a c!ild.
Petitioner lac)ed adeuate insig!t to(ards !is pat!ological condition. T!is being t!e case, !e failed to e%aluate t!e (rongness of !is actions and (as unable to pro&t fro# experience. $e utili
T!e personality disorder of t!e petitioner is a by-product of t!e unfa%orable experiences and negati%e exposures !e !ad during !is c!ild!ood and adolescent years. On t!ose crucial ti#es, !e (as ?ust on !is (ay of establis!ing t!e %ery core of !is person and (as ?ust building t!e per#anent foundation of !is personality, ser%ing as t!e grounds of !is current
#aladapti%e be!a%iors. Hro(ing up, Petitioner !ad been accusto#ed to obey !is parents, along (it! existing !ouse rules. T!is being !is c!ild!ood conditioning, !e !ad learned t!e %alue of obedience and co#pliance so t!at !e can be accepted and appro%ed by !is percei%ed society. $e desperately tried !ard to pro%e !is (ort! and t!is practice of pleasing people #ade !i# to repress !is o(n feelings especially if t!ese are not incongruent (it! t!e people !e c!ose to please.
*longside, Petitioners co#pelling self-interests and needs beco#e stronger as t!ese gain #uc! control of !is actions and decisions. $e gre( i#pulsi%e (!en it co#es to t!e i##ediate grati&cation of !is goals. $e beca#e too preoccupied of !is o(n pleasures t!at !e de#anded ot!er people to cater to !is e%ery need. $is increasing selforientation clas!ed (it! !is debilitating desire to perfor# in order to be accepted by !is i##ediate #ilieu. T!ese are poorly integrated into a passi%e and self-centered person. T!oug! !e #ay put up a s!o( of eGciency and obedience, !is e#otion is dee#ed lac)ing in dept! t!ereby sabotaging !is relations!ips.
*s no one (as t!ere to curb !is defecti%e (ays, and !elp !i# alter !is gro(ing negati%is# narcissis# during c!ild!ood until !e entered adult!ood, all !is erroneous insig!t and faulty (ay of percei%ing t!ings #ade t!e reference of !is current #aladapti%e be!a%ioral pattern. $e is furt!er found to !a%e no a#ple consciousness of !is defecti%e be!a%ior (!ic! #ade !i# laid up to properly function as a responsible, lo%ing, caring, protecti%e, fait!ful, trust(ort!y and understanding !usband.
27. T!e reported be!a%ioral #anifestations of t!e respondent satis&es t!e criteria of a +$I"TRIONIC PER"ON*6ITJ I"ORER 0IT$ LNER6JINH *NTI"OCI*6 AE*TLRE". T!is personality disorder caused t!e respondent to be psyc!ologically incapacitated to co#ply (it! t!e essential obligations of #arriage.
28. r. Bxx c!aracteri
T!e respondents (ay of interaction is often c!aracteri>,>>> fro# t!e Petitioner apparently for t!eir c!ilds !eart operation. T!e follo(ing year, s!e as)ed P$P 5>>,>>> fro# !i# for follo(-up operation of t!eir c!ild. Petitioner !ad incurred debts ?ust to
raise suc! a#ount in order to i#pro%e t!e !ealt! condition of t!eir c!ild. 6ater on, !o(e%er, Petitioner inuired at t!e aguio $ospital (it! regards t!e c!ilds record and (as s!oc)ed to learn t!at no operations (ere perfor#ed for t!e c!ild.
"!e is an egocentric and pleasure oriented person. "!e is sel&s! and only t!in)s of !er o(n co#fort and !appiness, e%en at t!e expense of !er #arriage and fa#ily. "!e is reluctant to gi%e up sel&s! indulgence and failed to be responsible enoug! to attend to !er duties. *rgu#ents (ould ensue since s!e (anted e%ery di#e of Petitioners inco#e t!oug! s!e )ne( t!at !e also !ad responsibilities (it! !is siblings. "!e is un(illing to s!are and uestions t!e Petitioner if !e e%er gi%es support to !is fa#ily. Jet Petitioner (ould also be disappointed since s!e ne%er sa%ed any re#ittances t!at !e sends to !er. "!e de#anded #ore #oney fro# t!e Petitioner and (as uestioning t!e support !e is gi%ing for !is siblings education. Petitioner argued t!at prior to getting #arried3 !e !ad already cleared t!is (it! t!e Respondent. $e told !er t!at !e (ill still support !is siblings (!o sacri&ced t!eir education for !i# to graduate &rst so t!at !e can !a%e a ?ob. "upporting t!e# (as !is (ay to pay t!e# bac) for t!eir sacri&ces. $o(e%er, Respondent too) t!is negati%ely and (ould de#and #ore &nancial support e%en if Petitioner (as also gi%ing to !er fa#ily (!ene%er needed. Respondent (ould e%en pic) up a &g!t (it! Petitioners youngest sibling (it! regards t!e &nancial re#ittances. Petitioner narrated, +da!il lang sa biruan, nag)a)aa(ay sila ng )apatid )ong bunso, pi)on )asi siya respondentD. espite Respondents protests, Petitioner continued to &nance t!e education of !is siblings.
"!e lac)s e#pat!y and is un(illing to consider t!e feelings of ot!er people especially t!e Petitioner. "!e utili
(it!out being sensiti%e t!at Petitioner !as !is o(n needs too. "!e (anted to co#e in sig!t as t!e %icti# ?ust to #a)e lig!t of !er o(n #isdeeds in t!e #arriage (!erein fact it (as !er poor decisions t!at !as put !er in t!e position.
"!e is deceitful (o#an (!o is not fettered by any #oral obligation to create lies for !er personal gains or pro&t. *l(ays ai#ing to alle%iate !erself, s!e lied regarding t!e identity of !er c!ild and passed it on as t!e son of t!e Petitioner to trap !i# into #arrying !er. "!e ne%er cared for t!e (ell-being of !er son or t!e Petitioner )no(ing t!at t!e scores of lies s!e created (ill aect bot! of t!e#. In t!e past years t!at t!ey (ere toget!er, s!e )ept to !erself t!e )no(ledge t!at Petitioner is not t!e biological fat!er of !er son yet s!e asserted !erself li)e a &s!#onger (ifes (!o al(ays de#anded for support.
T!e personality aberration t!at respondent is suering fro# !as its initial course during t!e crucial de%elop#ental p!ase in !er lifeMc!ild!ood and adolescent yearsM(!ere negati%e experiences and c!ild-rearing practices se%erely aects t!e personality de%elop#ent. In t!e case of t!e Respondent, s!e gre( up (it!out a fat!er &gure since !er parents separated (!en s!e (as a baby and !e ne%er co##unicated (it! t!e# again after !e left t!e#. 6oo)ing at t!e picture, t!e young respondent !as de%eloped a strong sense of insecurity and inadeuacy in absence of fat!erly aection t!at s!e needs. $ence, s!e gre( up co#pensating for t!is insecurity by engaging in relations!ip (it! #en by being seducti%e and pro%ocati%e in t!e !opes t!at t!ey could &ll t!e %oid t!at s!e !as inside only to be al(ays disappointed since t!ey al(ays falls s!ort to !er !ig! expectation. "!e ne%er reali
*long (it! t!is is t!e lac) of fat!erly aection co#es t!e lac) of adeuate discipline and guidance fro# !er #ot!er (!o (as lenient in !er (ays (it! t!e# especially t!e respondent. *lbeit t!at t!ey (ere not &nancially (ell o, !er
#ot!er indulges !er (!i# and allo(s !er so #uc! freedo# to do (!at s!e (ants. Punis!#ent and suGcient disciplinary #easures (ere not pro%ided to !er lea%ing t!e young respondent (it! t!e defecti%e notion t!at s!e !as t!e liberty to do (!at s!e (ants. 6ater on, (it! t!e excess freedo# gi%en to !er, s!e !as co#e to belie%ed t!at s!e could use anyone at !er o(n disposal, (it!out care for !is or !er feelings and e#otions. "ince s!e gre( up percei%ing !erself so depri%ed of lo%e, s!e co#pensates later on by asserting !er bloated self-estee# to people. "!e beca#e %ain, #aterialistic and de#anding as !er (ay to appease (!ate%er ineptitude s!e !as. En?oying a rat!er unfettered life due to t!e absence of eecti%e careta)ers, s!e beca#e do#inant and de#anding, as (ell as stubborn in insisting for (!at s!e (ants no #atter !o( i#practical it could be. Respondent did not learn to be sub#issi%e, t!at s!e (ould do t!ings (it!out gi%ing consideration on !o( it #ig!t aect ot!ers or !er relations!ips.
0it! t!is, due to t!e absence of proper guidance, and eecti%e disciplinary #eans, respondent gre( up e#bracing t!ese #aladapti%e responses and turning t!e# as t!e pillars of !er personality.
29. r. xxx concluded t!at t!e respecti%e psyc!ological incapacities of t!e petitioner and respondent spea) of antecedence because suc! +@a(ed personality began before t!ey entered #arriage and #anifested only t!ereon.
2;. r. xxx described t!e respecti%e psyc!ological incapacities of t!e petitioner and t!e respondent as +HR*E, PER*"IE, "ERIOL", "EERE, and PER'*NENT rendering it totally beyond repaid despite a%ailable treat#ents and inter%ention considering t!e se%erity of petitioners and respondents aberrant psyc!ological conditions, (!ic! #a)es reconciliation %ery diGcult and i#possible.
2=. uoted !ereunder is t!e pertinent part of t!e Report of r. xxx, %i<: "ince t!e psyc!ological aberration of t!e Petitioner and Respondent ste##ed early in t!eir li%es, t!ese !a%e been engra%ed into t!eir syste# #a)ing t!eir functioning and ad?ust#ents !ig!ly defecti%e. eing an integral part of t!eir (ellbeing, suc! disorders are considered to be gra%e, per%asi%e, serious, se%ere and per#anent rendering it totally beyond repair despite a%ailable treat#ents and inter%ention. 6i)e(ise, t!eir psyc!ological incapacitations are noted to be of ?uridical antecedence #eaning - suc! @a(ed personality pattern began before t!ey entered #arriage and #anifested only t!ereon. Considering t!e se%erity of Petitioner and Respondents aberrant psyc!ological conditions, reconciliation is found to be %ery diGcult and i#possible.
5>. T!e diagnosed psyc!ological incapacities of bot! t!e petitioner and t!e respondent pre%ent t!e# fro# #utually perfor#ing t!eir #arital duties to eac! ot!er. In support of t!is, r. xxx states:
+Erst(!ile couple, xxx and xxx, could ne%er li%e toget!er !ar#oniously as aut!entic !usband and (ife (it! t!e psyc!ological incapacitation of bot! of t!e#. T!e !ope of reconciliation (it! t!e !ope of a functional or nor#al #arital union founded on lo%e, respect, trust, support and co##it#ent is %ie(ed to be uncertain and i#possible as t!ese essential attributes of #arriage ne%er existed fro# t!e start of t!e relations!ip.
51. r. xxx t!us reco##ends t!at t!e #arriage bet(een t!e parties be declared null and %oid based on t!e establis!ed psyc!ological incapacitation of bot! t!e petitioner and t!e respondent as follo(s:
+$ence, (it! #uc! consideration to t!e &ndings and discussions #ade, t!e undersigned psyc!ologist !u#bly reuests to t!is $onorable Court t!at t!eir #arriage be declared null and %oid, on t!e account of Petitioners psyc!ological incapacitation.
PR*JER
0$EREAORE, pre#ises considered, it is respectfully prayed t!at t!e #arriage of t!e parties be declared null and %oid fro# t!e beginning under *rticle 28 of t!e Aa#ily Code.
Petitioner also prays for ot!er reliefs as #ay be dee#ed ?ust and euitable in t!e pre#ises. 6as Pinas City, xxx.
6*"ERN* CLE*-'ERC*ER F *""OCI*TE" 6*0 OAAICE" Counsel for t!e Petitioner Lnit 17, "tar *rcade, C. . "tarr *%enue P!ila#life illage, 6as Pinas City Tel. Nos. ;9/-75523 ;58-/72= Aax No. ;58-/72=
B x x.