REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT MAKATI CITY BRANCH 143
JESSICA ALBA Petitioner, CIVIL CASE NO._________ FOR: Declaration of Nullity of Marriage
versus
MARCO DUENAS Respondent. x-------------------------------------------------------x
PETITIONER, by counsel and to this Honorable Court most respectfully state:
Petitioner,
, is of legal age, married to the respondent respondent but
separated in fact, and a resident of No. 123 Polaris St. Bel-Air, Makati City. She may be served with summons and other court processes through her counsel’s office address at Justice Justice League Law Offices, 33 rd Floor, Astoria Plaza, J. Escriva Drive, Ortigas Business District, Pasig City;
Respondent,
, of legal age married to the Petitioner Petitioner but
separated in fact, and a resident of No. 187 Cambridge Street, North Forbes, Makati City, where he may be served with summons and other court processes;
2.1
Petitioner was born on November 24, 1975 to a conservative family who are members of the Opus Dei;
2.2
Petitioner is currently employed as a Hotel Banquet Manager in a 5 star hotel in Makati;
2.3
Petitioner has always been sheltered and quite naive;
2.4
Respondent on the other hand was born on April 17, 1970 to a pure Chinese family;
2.5
Respondent took up his pre-med and medicine proper in UST;
2.6
During Respondent’s pre-med and medicine proper in UST, he had undergone annual psychological evaluation with the Guidance Counselor. A copy of the psychological evaluation from the Guidance Counselor is hereby attached as “Annex A”;
2.7
During Respondent’s younger years he is used to attention because of his appearance. He has always been close to girls because of his good looks and said to be a ladies’ man. He has many girlfriends from the past and up to present;
2.8
The parties met each other in Ponticello Bar in Makati sometime in the year 2000 through common friends;
2.9
They dated secretly for almost two years after their meeting, this is because Respondent did not want getting tied up to anybody. More so, he did not want to get into any serious commitment with the Petitioner;
2.10
Respondent wants grandeur things in life. He always wants the best of everything and will not settle for anything less;
2.11
Respondent has always been self-absorbed that he always put himself first without taking into consideration the feelings of others. This is manifested by the fact that even if his family never approved of Stella, he did not care. He just do what he wants without regard to his family that is why they got married without the approval of both their parents;
2.12
On June 21, 2002, the parties were married without the approval of both their parents. A copy of the parties Marriage Contract is hereby attached as Annex “B”;
3.1
Because of Respondent’s grandiose style, they were given several properties as wedding gifts, including a condo in Legaspi Village and a parcel of land in Batangas. They have two cars and a bank account with One Million in it;
3.2
The parties subsequently begot one child named Chloe, now 9 years old and currently studying in Poveda. A copy of Chloe G. Duena’s Birth Certificate is hereby attached as Annex “C”;
3.3
They have different views on Sexual Intimacy which has caused a strain in their relationship;
3.4
The parties’ marriage proved to be very frustrating for the Petitioner. Respondent’s extreme lack of love and respect towards the petitioner became more apparent; to state: 3.4.1 Respondent wants to experiment in bed despite the fact of knowing that Jessica comes from a family who are members of the Opus Dei and are very conservative. Thus, Petitioner was very offended with Respondent’s experimentation. She finds
it demeaning
and
disgusting; 3.4.2 There were rumors of Respondent’s alleged infidelity involving a young intern in his department in the hospital where he is a resident of;
3.4.3 Rumors regarding Respondent’s infidelity is even more evidenced by the fact that after having their first child, they never had sexual relations for almost nine years now; 3.4.4 They started having frequent fights for over a year now and in the heat of one of those quarrels, Respondent became violent and in his anger, pushed the Petitioner, causing the latter to fall to the ground and hit her head; 3.5
Saddened by the aforementioned circumstances, Petitioner focused more on her career where she has started to spend more time at work and afterwards, met with her friends who are either separated or are lesbians to seek an advice from them on how to avoid getting separated with her husband;
3.6
They sought marriage counseling but the problems of the couple remain unresolved;
4.1
Unknown to the Petitioner, however, Respondent was already suffering from a psychological incapacity which has already existed at the time of the celebration of their marriage but became manifested only later and which was realized by Petitioner only after the solemnization of their marriage.
4.2
Respondent’s Psychiatric diagnosis showed that he is suffering from Personality Disorder labeled as Narcissistic Personality Disorder. A copy of the Psychiatric Evaluation Results is hereby attached as Annex “D”;
4.3
Based on the Psychiatric Evaluation Result, the Personality Disorder of the Respondent is serious, incurable and existed even prior to the parties’ marriage.
, premises considered it is most respectfully moved and prayed that this Honorable Court after due notice and hearing shall issue an order declaring the marriage of the parties on June 21, 2002 NULL AND VOID.
Petitioner prays for such further relief that may be deemed just and equitable under the premises.
JUSTICE LEAGUE LAW OFFICES 33 Floor, Astoria Plaza, J. Escriva Drive, Ortigas Business District, Pasig City rd
By: MOHAMMAD KHAN AWANG PTR No. 1234567 1-5-2012 IBP No. 987243 2-21-11 MCLE Compliance No. III-000123 ROLL NO. 31097 7-10-98
CC: Office of the Solicitor General 134 Amorsolo St., Legaspi Village, Makati City, 1229
I,
, of legal age, Filipino, a resident of No. 123 Polaris
St. Bel-Air, Makati City, after having been sworn to in accordance with law do hereby depose and state: 1.
That I am the petitioner in the above mentioned case;
2.
That I have caused the preparation of the amended petition and read its content which are true and correct of my own personal knowledge and based on the records on hand;
3.
That I have not commenced any other action, or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or in any court, tribunal or quasi-judicial agency, and to the best of my knowledge, no such action or proceeding has been filed or is pending in the Supreme Court, the Court of Appeals or Divisions thereof, or any other tribunal/agency. I undertake to report the fact within five (5) days therefrom to the court or agency wherein the origin pleading and sworn certification contemplated therein have been filed.
IN WITNESS WHEREOF, I have hereunto affixed my hand this 14 th day of March, 2012 at Makati City.
Affiant
to before me this 14 th day of March, 2012 at Makati City; affiant exhibited her Community Tax Certificate No. ____________ issued on _____________ at ____________.
Doc. No. _____; Page No. _____; Book No. _____; Series of 2011.
