REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 27 City of Pasig

JULIET Plaintiff Vs Civil Case No. E-00427 and E00312 For: Annulment of Marriage and Child custody Defendant x---------------------------------------- -x

ROMEO

MEMORANDUM (for the Plaintiff-Appellee)

Plaintiff-Appellee Juliet, through counsel and to this Honoroble Court by way of this instant Memorandum, respectfully avers: that

STATEMENT OF THE CASE

Plaintiff filed an action for annulment of the marriage on the ground that the Defendant is Psychologically Incapacitated to comply with the essential marital obligations of marriage and the custody their child Juleo, be made favor of the plaintiff

before this Honorable Court and praying that judgment be rendered in her favor and against the Defendant.

STATEMENT OF THE FACTS

Romeo and Juliet are husband and wife for almost nine (9) years.. Romeo suspected his wife Juliet of extra marital affair. Every time he suspects his wife of an affair, he beats her and locks her in the cabinet for several hours. For over 2 years, these beatings have become more serious. Romeo had beaten Juliet many times.

On May 5, 2010, after serious beating, Juliet decided to leave Romeo. She took Juleo their daughter and moved to her parents house. Juliet did not prevent Juleo from seeing Romeo. She allows Juleo to visit Romeo every second weekend. After one of these visits, Juleo told her mother Juliet that her father Romeo had taken her for several doctors and that he had been taking photos of her and that her father promised her a bike.

On the next schooldays, Romeo picked up Juleo from school and refused to return Juleo back to Juliet.

STATEMENT OF ISSUES

I.

Whether petition for annulment should be granted by the court where in Romeo husband of Juliet has mixed personality disorder that he always suspects his wife of having extra marital affair and had beat her many times.

II.

Whether their daughter Juleo should remain in favor of her mother Juliet.

ARGUMENTS

PSYCHOLOGICALLY INCAPACITATED Pursuant to Article 36 of the Family code: 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 even if such incapacity becomes manifest only after its solemnization. Romeo has a personality disorder for always suspecting his wife Juliet for having extra marital affair, and every time he suspects her, he beats her and locks her in the cabinet for several hours, is clear manifestation of insecurity, insensitivity and lack of respect to his wife which characterizes a very immature person. Such behavior could be trace to mental incapacity and disability of entering into marital life.

Psychological incapacity, contemplates downright incapacity or inability to take cognizance of and to assume the basic marital obligations; not a mere refusal, neglect or difficulty, much less, ill will, on the part of the errant spouse. Irreconcilable differences, conflicting personalities, emotional immaturity and irresponsibility, physical abuse. In Antonio vs. Reyes G.R. no 155800, 10 March 2006, it undermined the basic relationship that should be based on love, trust and respect. They further asserted that respondents extreme jealousy was also pathological. It reached the point of paranoia since there was no actual basis for the suspect that petitioner was having an affair with another. The foregoing that respondent was psychologically incapacitated to perform her essential marital obligations.

CHILD CUSTODY

As a general rule, a child under seven (7) years of age shall not be separated from his mother, which is based on the basic need of a child for his mothers loving care and as law provides under Article 213 of the Family code that no child under seven years of age shall be separated from his mother. The paramount criterion in custody disputes is the welfare and well-being of the child, or the best interest of the child. The court, in arriving at its decision as to whom custody of the minor should be given, must take into account the respective resources and

social and moral situations of the contending parents. Nevertheless, this primordial rule can override the rights of one or both parents over their children. What is the general rule as to custody over children? The general rule is that a child under seven years of age shall not be separated from his mother, which is based on the basic need of a child for his mothers loving care. Article 213 of the
Family Code

provides that [n]o child under seven years of age shall be

separated from the mother, unless the court finds compelling reasons to order otherwise. This is more pronounced in case of illegitimate children, as the law expressly provides that illegitimate children shall be under the parental authority of their mother. In support of these, G.R. no. 122749 that a child shall be placed in the custody of their mother.

RELIEF

Wherefore, premised considered, herein plaintiff, respectfully pray this Honorable Court to: 1. That the husband is psychologically incapacitated to observe mutual love and respect to his wife pursuant to Article 36 of the Family code of the Philippines. 2. The court will rule that their child Juleo shall remain to her mother pursuant to Article 213 of the Family code. Custody of the minor child

must take into account the respective resources and social and moral situations. And as a general rule, a child under seven (7) years of age shall not be separated from his mother.

Respectfully submitted: Kapasigan, City of Pasig, 27 September 2010

WINLY JOY L. SUPNET Counsel for the Plaintiff IBP no.______ Lifetime Member PTR no.______, 04-27-10, Bulacan Copy furnished: ATTY. JAM TRISTAN SULIT PUP College of Law Sta. Mesa, Manila