REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
MANILA CITY
Branch ____

TERESA DE GUZMAN
Petitioner,
- versus -

CIVIL CASE NO. 000012345

DECLARATION
OF
ABSOLUTE
NULLITY OF MARRIAGE

LUIS DICHOSO
Respondent.
x-------------------------------------x

PETITION

PETITIONER, by counsel and unto this Honorable Court, most

respectfully states and alleges THAT:

1.

PETITIONER , TERESA DE GUZMAN, is a

and a resident of

Filipino,

132 Basilio St. Sampaloc, Manila,

of legal age,

while respondent,

LUIS DICHOSO, is also a Filipino, of legal age and a presently residing at

#18 Candaba St. Pasig City, where he may be served with summons and
other processes of the Honorable Court ;

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2.

Petitioner is 31 years old, she was born on December 24, 1979 in

Boac, Marinduque,
May 26, 1979

Respondent is likewise 31 years old and was born

in the UST Hospital, Espana Blvd., Sampaloc , Manila .

Copy of their respective Birth Certificate of the petitioner is hereto attached

as Annex A;

3.

Petitioner and respondent met on year 1998 when respondent was

introduced to the petitioner by

certain Mac Omban, cousin of the

petitioner. Their initial meeting lasted for few months only and parted ways
thereafter.

However petitioner and respondent met again 2000 at the

insinuation and request of the respondent to Mac Omaban again. That

second meeting started a good friendship followed by many

sweet

moments and almost daily call from each other until petitioner and
respondent became girlfriend boyfriend;

4.

Petitioner did not formally introduced the respondent to her parents but
the respondent formally introduced the petitioner
parents

to the respondents

and petitioner even stayed in some occasions on the house of

the respondent . In these days of stay of the petitioner spend most of her
time with the respondent and notices that there were moments that the
petitioner would become silent and just look at the thin air then suddenly
mumbles all by himself;

5.

But nonetheless, the petitioner still go with the respondent and even
stayed most of the time with the respondent and

took care of the

respondent because petitioner love so much the respondent during those

times. Respondent even got pregnant without the benefit of marriage of the

respondent and because of her untimely pregnancy, petitioners visits on

the house of the respondent became regular and usually she even stayed
overnight with the respondent;

6.

Petitioner noticed already in these days that the respondent silence is

becoming too often that most of the time he would spend his time locked
inside his room or lying around doing nothing, not working nor providing for
her daily needs because of this the respondents parent continuously try to
convince him to work but ends up having a heated argument with them;

7.

This cause the respondent very mad and in the end the victim was the
petitioner and she was so surprise because the respondent focus his anger
and madness to the petitioner. Respondent broke glasses and poked the
broken glass unto the petitioner. Due to this incident, petitioner the following
day left the house and stayed on their house in

Makati City, but the

respondent few days after beg for another chance and requested that both
of them must still live together;

8.

In order to save the relationship, and to give chance to the respondent,

the petitioner agreed to the request and they again live together in the
house of the parents of the respondent.

During those times, they already

plan for their marriage celebration even if the petitioner is pregnant;

9.

Thereafter,

simple civil marriage was scheduled

on March 03, 2001

at Christ the King Church, E. Rodriguez St. Quezon City and said marriage
was solemnized by Rev. Fr. Bert Alcazaren, and then the parish priest of
Christ the King Church. A copy of the Certificate of Marriage under Registry

no. 2001-449

of the City Civil Registrar of Mandaluyong City, Metro

Manila is made part hereof and hereto attached as ANNEX B ;

10.

After the marriage, petitioner and respondent stayed in Luis parents in

San Marcelino, Mandaluyong City and stayed there for a few weeks only.
The couple then transferred to the vacant house of respondents parents in
Octagon Village in Sta Lucia, Quezon City. Petitioner in those days, hopes
that because of the marriage and because of this new

environment, the

respondent would change his character and attitudes towards her and
towards family life. Petitioner even prayed that because of the very strong
and unwavering support and assistance of the parents of the respondent,
the respondent would be more responsible

husband

and father most

especially that their baby is about to be born soon and that there would be
hope and future for them due to this developments ;

11.

Contrary to the petitioners hopes respondents attitude did not change.

His attitudes and characters even became worst, dangerous and very
unpredictable;

Respondent manifested emotional immaturity, lack of

empathy, irresponsibility, financial and emotional dependency

parents as well as frequent absent mindedness.

on his

He did not look for a

stable job nor helped the petitioner in providing for their family, he always
lock himself in the room or go out of the house in as early as 4am and
comes back at 12mn;

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12.

Because of these scenarios and the disregard and neglect of the

respondent on his duties and obligations in the family and unto the
petitioner , the petitioner was left with no other options but to stay at home
alone and take good care of the baby her womb;

13.

Fortunately, the

friends of the petitioner like Tin, Jenny and

Grace,

usually visits the petitioner and stayed in their house so that they could
help the petitioner in her day to day household chores and give her some
assistance and comfort most especially during the petitioners pregnancy
and absence of the respondent ;

14.

Initially the setup is okay, however all the friends of the petitioner left
petitioner because they had difficulties in dealing with the respondent, Luis.
On those days of pregnancy of the petitioner, the respondent became so
irritated and gets very angry easily. He manifested his mood swing,
temperamental attitude, and domineering attitude, verbal and physical
aggressiveness. His mumbling in the thin air also becomes worst that
whenever they are fighting he would talk to his side as if there is another
person standing beside him that the petitioner cannot see.
angry and mad, respondent will attempt

And when

and would usually throw many

movable items at home, and usually box the door, will hold a knife or
blade and shouting inside the room and try to cut his pulse and commit
suicide. This scenario happened habitually even with many other person
at home as guests or relatives;

15.

Considering the prevailing situation between the petitioner and

respondent,

on June 18, 2001, while the petitioner is alone at home, her

stomach got sick. Since her husband was not at home, their boarders,

friends and relatives assisted her and brought her to the Medical City,
Mandaluyong City ;

16.

On June 18, 2001, the first and only child of the petitioner and
respondent was delivered in St. Lukes Medical Center in the Fort, Taguig
City and named the child as

SHAYNE DE GUZMAN DICHOSO. Copy

of the said Certificate of Birth under Registry No. 2001 - 4023

of the

City Registrar of Mandaluyong City and NSO Certified True copy under
Registry No. 2001 - 4023 are made part hereof and hereto attached as
ANNEXES C and
Certificate of the said child
hereto attached as

17.

D respectively.

Copy of the Baptismal

SHAYNE DE GUZMAN DICHOSO is likewise

ANNEX F. ;

Very noticeable is the unpredictable attitude character of the respondent.

During petitioners delivery and confinement in the hospital, respondent
instead of guarding the petitioner and their new baby would still go out or
stay in his room and their houses toilet and leave them alone in the hospital
the petitioner and their newly delivered baby. The relatives and friends of
the petitioner and some friends are the ones staying with petitioner and
the newly delivered baby until such time that they check out from the
hospital;

18.

After the delivery of the child of the petitioner, the parents of the
respondent continued their support and assistance to the petitioner and
respondent including all family households and expenses and even the
additional support to the education of the respondent;

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19.

With this development, the petitioner again with positive attitude, hope
and pray that her husband would become a responsible father

and

husband for herself and for the newly born;

20.

Nothing changed however, the respondent continued his character

and attitudes and still unable to perform his marital duties and obligations
as a father to his child and husband to the petitioner;

21.

Its good again that in some occasion the friends of the petitioner would
stay in their house to give assistance and aid to the petitioner including the
washing of the clothes and doing the daily chore and undertaking at the
house of the petitioner and at lease to ease the pains and burdens of the
petitioner;

22.

In one time the petitioner tried to talk to the respondent and asked him to
get some advice from some professional with regard to his problem. His
parents and brother also agreed with this suggestion but the respondent
rejected the offer and continued locking himself in.

23.

Given this, the respondent would not even be thankful to the friends of
the petitioner and would still quarrel and get mad with the friends of the
petitioner and even destroy some appliances and throw and break some
other movables in their house, shouting and holding a knife or bladed
weapon while hitting the door of their house and often attempting to cut
his pulse and commit suicide. He also would just wake up in the morning
and start fighting with someone that the petitioner cannot see then focus all
his anger and hurt the petitioner for no reason at all;

On

24.

September

2001,

because of the repeated physical and

unpredictable violence committed by the

respondent against

the

petitioner and to their child, petitioner decided to leave the respondent ;

Few days however, the respondent visited the petitioner and convinced

25.

her to go back to him and live together again with him. And on January
2002, the

petitioner again agreed with the hope and prayers

that the

respondent would change his character and way of life given the situation;

This prevailing situation

26.

forced the petitioner to continue and pursue

her studies while she is still taking care of her child. Petitioner pursue BS
Tourism

in Philippine Air Transport and Training Services, Inc. (PATTS).

Petitioner believed

that it was

such an affordable and achievable

profession particularly that she wanted to become a flight stewardess in the

future.
Petitioner projected her ability and talent by visualizing

27.

related to flight attendants.

in

Philippine

Fortunately, the petitioner finish BS Tourism

Air Transport and Training Services,

October , 2002.

abstract ideas

Copy of the CERTIFICATION

Inc. (PATTS)

on

from the PATTS

is

hereto attached and hereby marked as ANNEX F;

28.

Although working mother and no experience, the petitioner luckily finds

job and go on some job trainings.

This is not withstanding the burden of

the taking care of their baby daughter;

29.

Petitioner hoped that this would eventually give changes to the

respondent.

But nothing change, the respondent again continue his

attitude. Respondent did not went to a professional nor find a job to help
the petitioner.

30.

The relationship of the petitioner and respondent was not within the
normal pattern. This was manifested, among others by the fact that Luis
did not want to help the petitioner nor help himself to become better.
Because of these, Teresa was always on guard on things
apprehensive of the reaction

she would do,

that may be manifested by Luis. In fact, to

keep the peace, petitioner did things

according to respondents desires

and wishes.

31.

However, in one time, because of the heated

arguments and

discussion by the respondent and his parents regarding money and school
expenses, the respondent again focus his anger and madness to the
petitioner. The petitioner who is supposed to participate in job training was
again blamed and was hit and physically attacked by the respondent and
later on

placed the petitioner and their daughter in one room to together

with their maid and forced them to stay arbitrary in the said room for
almost one (1) week ;

32.

This scenario awakens the petitioner that nothing will happen unto her
life if this condition continues. Petitioner decided to return to their house in
West Rambo, Makati City and bring with her their child Shayne.

33.

In her new home, the petitioner started to look for her job to earn a living
for herself and for her daughter, Shayne.
finds work and earn for a living;

Fortunately, petitioner easily

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34.

Petitioner is working in the evening as Call Center Agent .

Her shift

is usually at night time so the mother in law of the petitioner will pick up the
Shayne in the afternoon before the petitioner go to work and after work in
the morning the petitioner will pick up her daughter from the house of her
mother in law. This set up continued for so many years, until the time that
Shayne started her schooling in the pre-elementary;

35.

In one occasion however, the petitioner learned from Shayne that while
Shayne is in the house of her Lolo and Lola,

her own father LUIS, is

saying bad words to her like BAKIT KA NA NAMAN NANDITO, UMUWI

KA NA NGA.

SABIHIN MO KAY SOR (petitioner) WAG KA NA

PAPUNTAHIN DITO HA. And the poor daughter, just cried and left her
father;

36.

In some cases, however, the mother in law of the petitioner would call
her would say, hindi muna masusundo si Shayne. Nag-aaway Na
naman sila jun at tatay niya. This is the typical and ordinary dialogue of
the mother in law of the petitioner if she would not pick up Shayne from the
house of the petitioner;

37.

This is the reason why, in one situation

Shayne told to her mother

(petitioner), that while she is at the house of her Lola and lolo, she heard
her father saying to her lolo PAPATAYIN KITA, words and scenarios
that really affected the development , welfare and well-being the daughter
of the petitioner ;

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Petitioner even received a text message from the respondent

38.

saying

that SOR, WAG NA WAG MO NA PAPUPUNTAHIN DITO SI SHAYNE

HA. KUNG GUSTO MO HUMANAP KA IBA MAG AALAGA. HUWAG
NA HUWAG MO PAPUNTAHIN SI SHAYNE SA BAHAY NILA. Referring
to the house of petitioners in laws.

Few minutes after the mother in law

called and told me, that they cannot pick up Shayne because theres a
quarrel again between the respondent and his father;
Since then, the

39.

petitioner concluded that the respondent already

abandoned the petitioner and was living on his life without any desire of
commitment of a father and husband.

However, news still

reach the

petitioner that respondent is still unemployed, no plans of his own, not

studying and too much dependent on his parents and always cause trouble
and quarrels with his parents and other family members;

That both petitioner and respondent did not acquire any real property of

40.

their own nor any real properties are registered under their name;

That during the

41.

respondents

union with the petitioner, respondent

has unreasonably and unjustifiably

failed

respect and render mutual

and support and fidelity

towards

42.

help

to observe love,

the petitioner and their daughter Shayne;

That after careful study, there appears some manifestations that the

respondent suffer

some traits and characters leading to

respondents

psychological incapacity, which is technically identified as Dissociative

12

Identity Disorder and Borderline

Personality Disorders

and this

personality disorder affects greatly the performance of his marital duties

and obligations ;

43.

Among others, said psychological incapacity of the respondent can be

best described by the following criteria which the respondent manifested:
1) A pattern of unstable and intense interpersonal
relationships as it is characterized by alternating between
extremes of over ideation and devaluation. This was
manifested by the respondent, Luis, with his failure to
enhance his intimate and more personal relationship with
his wife, petitioner Teresa;
2) The frequent talking of the Luis to himself and his
continued locking of himself in the room or toilet and
unpredictable change of character that lead to physical
violence toward the petitioner Teresa
3) Recurrent
gestures, or threats or self-mutilating
behaviour as manifested by Luis s frame of mind , illtempered and irritability to himself and to his wife ;
4) Affective instability and marked reactivity of mood as it
shifts from baseline mood to depression, irritability or
anxiety, usually lasting a few hours and only rarely more
than a few days.;
5) Inappropriate, intense anger or difficulty controlling
anger with frequent displays of temper, constant anger,
recurrent physical fights. While respondent and petitioner
are living together as husband and wife, respondent Luis,
displayed
several times
in their relationship
his
temperamental attitude which usually results
to their
constant fights. Their arguments would usually end with
verbal and physical abuse directed by the respondent Luis
against petitioner Teresa;
6) Impulsiveness in areas that are potentially self-damaging
to the marital relationship of husband and wife such as sex
and others. This was manifested by Luis in his inability
to be sensitive to the psychological needs of his partner
petitioner,
Teresa,
which
greatly
affects
their
relationship as husband and wife ;

13

Although present at the time of their marriage, but unknown to the

44.

petitioner and

the respondent, said

respondent to comply

psychological

with their marital

and the petitioner became

incapacity of the

obligations became

manifest,

aware thereof, only after the celebration

of

their marriage ;

That behavior and actuation of the respondent as aforementioned are

45.

clear manifestations of the psychological

comply with his

incapacity of the respondent to

essential marital obligations. Such incapacity appears

to be medically or clinically permanent and incurable;

The petitioner, now therefore brings this suit against the respondent

46.

under Article 36 of the Family Code

of the Philippines, for the

declaration of nullity of their marriage on the ground

is

psychologically

incapacitated

obligations of marriage pursuant

to comply

that respondent
with the essential

to Articles 68, 69, 70 and 71 of

the New Family Code of the Philippines

47.

In view thereof, the petitioner submits this petition before the Honorable
Court for the declaration of absolute nullity of her

marriage with the

respondent based on Article 36 of the Family Code (as amended);

48.

that is, the respondent is

comply

with the essential

psychologically incapacitated to perform

marital obligation of marriage

and

unreasonable refusal to assume the responsibilities and obligations of a

husband

, a life-long partner , and a father to his child among others

are a covert manifestations of his psychological incapacity . That those

14

manifestations are present at the time of the celebration of their marriage

thereof although the same became manifest only after its celebration;
P RA Y E R S

WHEREFORE, premises considered, after due notice, hearings and

other court processes, it is most respectfully prayed for unto this Honorable
Court that this petition be granted and judgment be rendered:

1.

Nullifying the marriage entered into by the petitioner and the

respondent celebrated on March 03, 2001 at St. Francis of Asisi
Parish, Shaw Blvd.

Mandaluyong City, Metro Manila under

Certificate of Marriage under Registry no. 2001-449

of the City

Civil Registrar of Mandaluyong City, Metro Manila;

2.

Ordering the City Civil Registrar of Mandaluyong City, Metro Manila

and the National Statistics Office to cancel from their respective book
of marriages the aforesaid marriage between the petitioner and the
respondent;

3.

Ordering that the custody, care and supervision of the respondents

and petitioners daughter, SHAYNE DE GUZMAN DICHOSO be
awarded solely unto the petitioner.

Other reliefs, just and equitable under the premises, are likewise prayed for.
Manila City for Makati City, Philippines, August 10, 2010.

AIMEE BERNADETTE B. QUINONES

Public Attorneys Office
Counsel for Accused-Appellant
Roll of Attorney 1234
MCLE Compliance Certificate II; 1-24-14
IBP 21345; 1-24-14; City of Manila
PTR 123465; 1-25-14; City of Manila

15
Copy furnished:
Atty. Reggie Landrito
Solicitor General
Roll of Attorney 12345
MCLE Compliance Certificate II; 7-19-14
IBP 21345; 1-14-14; City of Manila

VERIFICATION / CERTIFICATION

I, TERESA DE GUZMAN,
Filipino, of legal age, married and a
resident of 15 C Poi Del Pillar Street, West Rambo, Makati City,
after being sworn to in accordance with law, do hereby depose and state:
1. That I am the petitioner
of absolute nullity of marriage;
2. That,
petition;

in this instant petition for declaration

I caused the preparation and drafting of the foregoing

3. That , I have read and understood the petition and contents

thereof, and that the allegations therein are true and correct of my own
personal knowledge ;
4. That
I have not commenced any other action , petition or
proceeding involving the same petition in the Supreme Court, Court of
Appeals, or any other tribunal or agency;
5. That no other
action, petition is pending
in
Court, Court of Appeals, or any other tribunal or agency;

the Supreme

6. That if I should hereafter learn that a similar action, petitioner

or proceeding has been filed or is pending before the Supreme Court,
Court of Appeals, or any other tribunal or agency, I undertake to report
that fact to the Honorable Court within five (5) therefrom.
TERESA DE GUZMAN
Affiant
SSS NO: 33- 850 34 540
Subscribed and sworn
to before me this __________
in
the
________________
affiant exhibited to me her SSS NO: 33- 850 34 540 with
picture on it as her competent evidence of her identity.
Doc. No: ____;
Page No: ______;
Book No:
_____;
Series of 2010

NOTARY PUBLIC