Petition For Nullity of Marriage Psychological Incapacity

REPUBLIC OF THE PHILIPPINES
____________ JUDICIAL REGION

REGIONAL TRIAL COURT
Branch ____
______________________;
Petitioner CIVIL CASE No._________
FOR: Declaration of
nullity of marriage
-versus-
_____________________;
Respondent
x-----------------------------------------x
PETITION
Petitioner, through counsel and to this Honorable Court respectfully state;
I. PARTIES
Petitioner, __________________, is of legal age, married to the
respondent but separated in fact, and a resident of
______________________________. She may be served with summons and
other court processes through her counsel’s office address at
________________________;
Respondent, __________________, is of legal age, married to the

petitioner but separated in fact and a resident of
______________________________. He may be served with summons and
other court processes through his counsel’s office address at
________________________;
II. NATURE OF THE PETITION
In this present Petition, the Petitioner prays of this Honorable Court to
declare as null and void her marriage to Respondent on the ground of the latter’s
psychological incapacity.
The following pertinent and relevant Family Code provisions are the
bases in the treatise of this Petition:
Art. 36. A marriage contracted by any party who, at the time of the
celebration, was psychologically incapacitated to comply with the essential
marital obligations of marriage, shall likewise be void and even if such
incapacity becomes manifest only after its solemnization.
Art. 68. The husband and wife are obliged to live together, observe
mutual love, respect and fidelity, and render mutual help and support.
Art. 72. When one of the spouses neglects his or her duties to the
conjugal union or commits acts, which tend to bring danger, dishonor or
injury to the other or the Family, the aggrieved party may apply to the
court for relief.
III. FACTS BEFORE THE MARRIAGE

2.1 Petitioner was born on _____________________________;
2.2 Petitioner is currently employed at______________________;
2.3 The parties met sometime in ___________ through ______________. They

have been dating for ___________;
2.4 On ______ the parties were married. A copy of the parties’ Marriage
Contract is hereby attached as Annex “__.”
IV. FACTS DURING THE MARRIAGE

3.1 The first stages of the parties married life was full of happiness and bliss.
The Petitioner and Respondent _________________________;
3.2 During their marriage, the parties were blessed with ___ (child/children). A
copy of the Certificate of Live Birth of the child/ children is hereby attached as
(Annex “_”/ Annex “__-1” and Annex “__-2;”
3.3 One fateful day, the Respondent _______________________
3.4 xxx
3.5 xxx
V. FACTS AFTER THE MARRIAGE

4.1 Unknown to the Petitioner, however, Respondent was already suffering from
a psychological incapacity which has already existing at the time of the
celebration of their marriage but became manifested only later and which was
realized by the Petitioner only after the solemnization of their marriage;
4.2 Respondent’s Psychiatric diagnosis shows that he is suffering from a

Personality Disorder labelled as __________________. A copy of the
Psychiatric Evaluation Results is hereby attached as Annex “_;”
4.3 Based on the Psychiatric Evaluation Result, the Personality Disorder of the
Respondent is serious, incurable, and existed even prior to the marriage.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed of the
Honorable Court, that after due notice and hearing, issue an order declaring the
marriage of the parties on __________ NULL AND VOID by reason of the
Respondent’s psychological incapacity citing Article 36 of the Family Code of
The Philippines.
Other reliefs and remedies as may be deemed just and equitable

under the premises are likewise prayed for.
RESPECTFULLY SUBMITTED in _________________, this

___ day of __________, 20___.
___________________________
Atty. _____________
For the Petitioner
Roll No._____; MM/ DD/YYYY
PTR No._____; MM/DD/YYYY, Baguio City
IBP No.______; MM/DD/YYYY, Baguio City
MCLE No.________; MM/DD/YYYY, Baguio City
Valid until _________
_______________________________
Address:
Contact No.:
Email:
Republic of the Philippines)

Baguio City ) S.S.
VERIFICATION WITH CERTIFICATION OF

NON-FORUM SHOPPING
I,___________________________, of legal age, married and with office

and postal address at_________________________, after having been duly
sworn to in accordance with law do hereby depose and state that:
1. I am the Petitioner in the above-entitled case;

2. I have caused the preparation of the foregoing Petition and that the
allegations therein are true and correct of my own personal knowledge
based on authentic documents on record;
3. I have not heretofore commenced any other action or proceeding
involving the same issues in the Supreme Court, the Court of Appeals, or
any other tribunal or agency as are raised in this case;
4. To the best of my knowledge, no such action or proceeding is pending
in the Supreme Court, the Court of Appeals or any tribunal or agency; and
5. If I should thereafter be aware or 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 will undertake to
report this fact within five (5) days there from to this Court.
____________________
Affiant
SUBSCRIBED AND SWORN to before me this

____________________, affiant, personally appeared and exhibited to me
his/her Government Issued ID No. ____________ issued on ___________ in
_____________, Philippines.

Petition For Nullity of Marriage Psychological Incapacity

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REPUBLIC OF THE PHILIPPINES

____________ JUDICIAL REGION

Respondent, __________________, is of legal age, married to the

III. FACTS BEFORE THE MARRIAGE

2.2 Petitioner is currently employed at______________________;

2.3 The parties met sometime in _ through ____. They

IV. FACTS DURING THE MARRIAGE

3.3 One fateful day, the Respondent _______________________

V. FACTS AFTER THE MARRIAGE

4.2 Respondent’s Psychiatric diagnosis shows that he is suffering from a

Other reliefs and remedies as may be deemed just and equitable

RESPECTFULLY SUBMITTED in _________________, this

Republic of the Philippines)

VERIFICATION WITH CERTIFICATION OF

I,___________________________, of legal age, married and with office

1. I am the Petitioner in the above-entitled case;

SUBSCRIBED AND SWORN to before me this

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