Petition for Declaration of Nullity of Marriage

Republic of the Philippines REGIONAL TRIAL COURT First Judicial Region Branch _____ Baguio City

JOEY DICHOSO,

CIVIL CASE NO. _______

Petitioner -versus

FOR:

JENNY H. DICHOSO,

DECLARATION OF NULLITY

Respondent,

OF MARRIAGE

x-------------------------------------------x PETITION WITH ALL DUE RESPECT. Petitioner, by counsel, to this Honorable Court, respectfully states: 1. Petitioner, JOEY DICHOSO, is of legal age, Filipino citizen and a resident of Poblacion, Mankayan, Benguet, where he may be served with summons and other court processes; 2. The Respondent JENNY H. DICHOSO, is likewise of legal age, Filipino citizen, and a resident of Cypress, Irisan, Baguio City, where she may be served with summons and other court processes; 3. Petitioner JOEY DICHOSO and Respondent JENNY H. DICHOSO (referred as herein as Parties) entered into a contract of marriage on October 30, 1998 at the Office of the Municipal Mayor of Alilem, Ilocos Sur, solemnized by Hon.

Samson E. Bangaoil. A copy of their marriage certificate is hereto attached as Annex “A”; 4. The parties begot three children. Copies of their children’s certificates of Live Birth is hereto attached as Annex “B”, “C” and “D”; 5. Petitioner and Respondent met sometime in January 1997 at the Regional Training Center, Teachers Camp, Baguio City where they were both police trainees. In the evening when they first met, Petitioner and Respondent together with their friends went out for a karaoke; 6. The Petitioner and Respondent became romantically involved immediately after the Karaoke night through the matchmaking efforts of their companions. This situation went on for several occasions; 7. Not long after, their sexual encounters resulted to the respondent getting pregnant; 8. When their superior came to know that herein Respondent got pregnant, they pressured the Petitioner to either marry Respondent or be discharged from service. Likewise, the relatives of the defendant put pressure on him by warning him not to put their family in disgrace and humiliation; 9. Even before their marriage, the Petitioner had observed that the Respondent displayed eccentricity and irresponsibility to the extent that she oftentimes would not care for his feelings. However, in the hope that the Respondent would change once they get married, Petitioner gave in to the pressure of marrying the Respondent despite not knowing her too well; 10.

At the time of the celebration of their marriage,

Respondent was suffering from psychological incapacity and

not truly cognitive of her marital obligations. The facts and circumstances being that: a. During their relationship before the marriage, Jenny was a “party girl.” After quitting on becoming a police officer, she often went out with friends to drink until the wee hours of the nights in various bars in Baguio City. She would often go out together with her friends to meet new guys; b. Jenny showed signs of "immaturity and irresponsibility" as a wife and a mother. She preferred to spend more time with her peers on whom she squandered her money. Petitioner thought that after they got married, Jenny will change, and become responsible in handling a married life. But instead, during their marriage ,Jenny continued to have hard drinks with male companions on the beach or in the compound of Col. Hombrebueno, Jenny’s father, if the former is not around. She drinks with male companions at least three times a week. Their children were only attended to and taken care of by the yayas; c. Respondent is also an incorrigible liar. Many times during their marriage, the Respondent lied to the Petitioner regularly almost about everything. Sometime in 2000, the Respondent lied about getting a job as an insurance sales agent. Numerous times, the Respondent told the Petitioner that she was going to work, while in fact, she just went to her parents’ house to drink and play mahjong with her friends. When the Petitioner confronted her about the matter, Jenny threw a fit and told him that she wanted to do anything she likes with her time just like before they got married;

d. Respondent is also too dependent on her father that all her decisions in life should be in conformity with those of her father’s. Jenny does not have the ability to decide on her own regarding most of her decisions in life. Apparently, her decision to marry petitioner was also largely because her father persuaded her to. Moreover, every time there was something that the couple had to decide on, she had to consult with her father. This almost always led to violent arguments between them; e. Furthermore, although the Petitioner and the Respondent have their own house, the latter would oftentimes leave their house to stay at her parents’ house for several days because, according to her, she couldn’t sleep peacefully in their house and that she oftentimes felt suffocated there. She often left the children in the care of their yayas; f. During the time they were still living together, Petitioner and Respondent appeared to be strangers forced to be with each other. Instead of becoming a home, their house felt like a prison. They almost never had a meal as a couple. Respondent never cooked for the Petitioner nor for their children; g. When the parents of Jenny immigrated to the United States, she wanted to go with them, so she always expressed her desire to leave for the United States. She even expressed her willingness to leave her own family to be able to go the United States. This also led to frequent quarrels between them. Finally, she kept her word and left for the United States with their three children, abandoning the petitioner. They have not been living together for almost

eight

(8)

years

since

the

Respondent

unceremoniously

abandoned

their

conjugal

home

sometime in 2004; 11. Petitioner tried everything possible to persuade respondent to change for the better specially her violent personality so that they could build their family, live together harmoniously as husband and wife, fulfill their marital vows and discharge their reciprocal obligation to consummate the essential duties of their union in order to establish a happy home. 12. However, all such pleas by Petitioner were unheeded as respondent was not willing to be a wife to him and a mother to their children. Respondent was not ready to take the responsibilities and was not prepared to live in a harmonious and peaceful union with Petitioner; 13. Petitioner engaged a clinical psychologist, Dr. Fhely Layogan, who conducted a psychological evaluation on the ability of respondent to cope with the essential obligations of marriage. After

the

evaluation,

respondent

was

found

to

be

psychologically incapacitated to perform the essential marital obligations borne from her immaturity, which affected her sense of rational judgment and responsibility; 14. As found out by clinical Psychologist, Respondent’s behavioral patterns were affected during his early developmental years where she was raised and exposed in an unfavorable environment; 15. The psychiatric illness of the defendant is serious and incurable because it is deeply ingrained in her personality and that such illness originated from parental over indulgence or over protection especially coming from the parent of the opposite sex – her father. The fact that her mother was assigned to work abroad provided the fertile environment for the illness to

develop. The absence of the mother during her developmental years deprived her of the needed guidance on how to be a good wife. This was apparent in her married life; 16. These traits reveal her psychological incapacity under Art. 36 of the Family Code of the Philippines and is more appropriately labelled

“Histrionic

Personality

Disorder

coupled

with

Dependent Personality Disorder” associated with severe inadequacy that renders her psychologically incapacitated to perform the duties and responsibilities of a wife ; 17. The psychological make-up of petitioner and respondent is explained in greater detail in the Clinical Assessment Report (“Report”) dated 28 December 2013, a copy of which is attached as “ANNEX E”; 18. That the psychological incapacity on the part of the defendant was already existing and manifest even before the celebration of the marriage, but Petitioner thought it will disappear during the marriage; however, it subsisted and got even worse; 19. That said psychological defect or illness is grave, serious and incurable; 20. Petitioner is filing this petition to declare his marriage a nullity. Respondent showed no concern for her obligation towards her family in violation of Art. 68 of the New Family Code which provides that husband and wife are obliged to live together, observe mutual love, respect and fidelity and render mutual help and support. Petitioner is also filing this case under Art. 36 of the same Code as the

respondent manifested apparent

personality disorder and psychological dysfunction, i.e. her lack of effective sense of rational judgment and responsibility by being psychologically immature and failing to perform her responsibilities as a wife;

21. That the parties did not acquire any property and there are no known creditors who will be prejudiced by the declaration of nullity of their marriage should the Honourable court grants this petition, hereto attached as Certificate of Non-Property, “Annex F”. PRAYER WHEREFORE, it is most respectfully prayed that judgment be rendered declaring the nullity of the marriage of Petitioner with the Respondent pursuant to Article 36, and the annulment of the same marriage based on Article 45 (5) of the Family Code of the Philippines. Other reliefs and equitable under the premises are also prayed for. January 30, 2015 Baguio City, Philippines

LK LAW FIRM Suite 204, Puso ng Baguio Session Road, Baguio City By: DIAMOND SUPNET KELSCH IBP: 994543, 2/17/13, Baguio City PTR No. 23434, 1/16/13; Baguio City Roll No. 34534, 4/8/12; Manila MCLE Compliance No. IV-443456, 7/7/14; Baguio City Telefax No. (074) 442 -3495-08653, Mobile no. 09173435235 LAUREL LIMNMAYOG IBP: 99434543, 2/17/12, Baguio City PTR No. 23434, 1/16/12; Baguio City Roll No. 34534, 4/8/11; Manila MCLE Compliance No. IV-45546, 7/7/14; Baguio City Telefax No. (074) 442 -3495-08653, Mobile no. 09394354456

Copy Furnished: Office of the City Prosecutor (Personal Service) Justice Hall, Baguio City

Office of the Solicitor General (Registered Mail) 134 Amorsolo St. Legaspi Village 1129 Makati City, Metro Manila

EXPLANATION A copy of the foregoing PETITION was sent through registered mail to the office of the Solicitor General due to the distance, and manpower constraints.

VERIFICATION/CERTIFICATION I, JOEY DICHOSO, of legal age, married, Filipino, and a resident of Poblacion, Mankayan, Benguet , after being duly sworn in accordance with law, depose and state: 1. That I am the petitioner in this case and that I have caused the preparation of the same petition; 2. That I attest to the truth of all the allegations in the same petition of my own personal knowledge; 3. That I have read all the contents thereof; 4. That the allegations constrained therein are true and correct of my personal knowledge 5. That I have not commenced any other action or proceeding involving the same issues or matter in any court, tribunal or quasijudicial agency and, to the best of our knowledge, no such action or processing is pending therein, 6. That if I should thereafter learn that the same or similar action or proceeding has been filed before the Supreme Court, Court of Appeals, or any other tribunal or quasi-judicial agency, I undertake to report such within five (5) days therefrom to the court wherein the original pleading and sworn certification contemplated herein has been filed IN WITNESS WHEREOF, I have hereunto set my hand this 18 day of January 2015 in the City of Baguio.

JOEY DICHOSO Affiant Social Security System No. 23455345643 Issued in Baguio City SUBSCRIBED AND SWORN to before me this 18 day of January 2015 at Baguio City, Philippines, by affiant who exhibited competent evidence of identity bearing his photograph and signature the specifics of which are indicated below his names

Doc. No. ___; Page No. ___; Book No.___; Series of 2015.

ATTY. LAUREL LIMNMAYOG Notary Public until Dec. 2013 PTR No. 2162937/ 5-10-12 Baguio City