Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch _34_, Manila
TERESITA I. TRANCE,

Petitioner,

-vsof

Civil Case no.____0342______

For: Declaration of Nullity

Marriage under
Article 36
of the Family Code.
ROMAK TRANCE,

Respondent.
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PETITION
Comes now the Petitioner, through the undersigned counsel,
and unto this Honorable Court, most respectfully states that;
1 Petitioner, Teresita I. Trance, is of legal age, Filipino citizen and
with postal address at 4536 V. Francisco St. Sta Mesa Manila
where she can be served with summons and other process of the
Honorable Court;
2 Respondent, Romak Trance, is of legal age, Filipino citizen and
with postal address at 1113 Sampaguita St. Phase 2A Maricaban,
Pasay City, where he can be served with summons and other
process of the Honorable Court;

3 On 21st of January 2001, petitioner Teresita I. Trance and

respondent Romak Trance, entered into a contract of marriage in
the City of Pasay and was solemnized by Rev. Ronald S. Langub.
Attached hereto is the copy of Marriage Contract marked as
Annex A and made an integral part hereof;
4 Contrary to the petitioners expectations that her marriage would
be a bed of roses, the same turned out to be a nightmare,
dreadful and the pain it brought is so much unbearable, the
respondent manifested his psychological incapacity to discharge
the basic and essential obligations of marriage embraced by
Articles 68, 69, 70 and 71 of the Family Code, as amended, as
shown in this narration by the petitioner:
A. Our paths crossed when Romak accidentally sent
me a message thru my cellular phone. Normally I do
not reply to any messages sent by a stranger but this
one is an exception. Since then, we have been sending
text messages on a regular basis and sometimes talk to
each other on the telephone.
B. On 1st of July 2000, we made our relationship
formal. At first he was a sweet and thoughtful kind of
guy but as time goes by, he revealed his true color. As
we go on in our relationship, our fights turned into a

regular basis because of his insecurities and jealousy.

We would fight even in the smallest issue like in
choosing what restaurant we will eat. In every fight
that we had, whether it is big ones or small, it always
ends up in a break up.
C. Then I would fix it; apologize to him even deep
inside I felt that I was the one aggrieved. Afterwards,
he will return again to this sweet and thoughtful type
of person. This is the cycle of our relationship.
D. Three months afterwards, we got engaged. He
asked me to marry him saying that it is for our security
and that in the future, he is sure that we will end up
with each other and I said yes. I was young then so I
was easily been swayed by the sweet words he uttered.
E. From then, fights would arise and its getting worse
every now and then. He even humiliated me in public.
Theres this instance where we in a mall, we are
walking and out of

nowhere he shouted to me Ang

taba taba mo!, I told him to tone down his voice but
instead he said Bakit? E totoo naman ha? Ang taba
taba mo naman talaga ha! He even destroyed our
photos, mementos and journal and then mailed it to
me.

F. On 21st of January 2001, the day I exactly turned 21

years old, we got married. It happened in a small
chapel near Pasay City Hall.
G. He is insecure on everything. He is insecure even on
what I have or who I know. He would even flirt with a
girl in my face just to prove that he is some sort of a
heartthrob. Even on our wedding day itself, after the
wedding rites, he flirted with my friend who also
happens to be a witness in our wedding and that
instance also ended in a fight.
H. We never lived together as husband and wife not
even for a single day, nor did he reciprocate the love
and support I gave him. It was his decision for us not
to live together even if I convinced him so many times
that we do. All the while I thought that kind of set up
is fine but now I realized that nobody in their right
mind would make such a set up for a married couple.
I. Whenever we have a fight or problems, I was the one
who is initiating actions to patch things up. He never
had the initiative to fix it up and not once he
apologized to me. He would not call me, text me or see
me for a number of days or week.

J. But because of our marriage, I continue to be a

willing victim. Whenever there is a fight, I will fix it so
as to avoid problems. I will even go to their house or
office and try to solve our problems. I will text him, call
him and court him even if he is avoiding me. That is
always been the case. We will fight then I will fix it.
K. Sometime on May 2004, we had a fight and he broke
up with me. I cannot remember exactly what the
reason of our break up was. I tried several times to fix
it but I guess he is not interested since he would not
want to see me nor answer my calls and text messages.
I tried to work out our problem but he really did not
want it anymore. My study in law school was even
sacrificed for doing those things to reconcile with him
weeks and months have passed, I tried to fix it but he
always tried to avoid me.
5 In compliance with the requirement of law, petitioner secured
the

services of Clinical Psychologist Maria Fe del Mundo for

psychological

evaluations

of

her

personality

and

behavior

including the respondent;

6 Based on the results of the psychological assessment correlated
with their marital life, psychological profile, behavior and

actuations, the said psychologist concluded that the petitioner is

trapped in a marriage devoid of love and commitment, trust and
emotional bonding, because of the respondents deep-seated,
grave and incurable psychological incapacity;
7 Respondent is seen to be suffering from an ANTI-SOCIAL and
NARCISSISTIC

PERSONALITY DISORDER,

a condition

deemed to be severe and grave;

8

Since the beginning of their relationship, he always imposed

authority and control of their relationship. She is intellectually
superior. She is young and has the potential to achieve greater
heights. Having her as a girlfriend was definitely a boost to his
self-esteem. Being in control of her is a plus. He gets to feel
superior seeing her to do his every bidding.

He was not willing

to commit and stay with her in a single house because that would
hold him back from doing what he wants. For him, being with
his wife is like being confronted with the fact that he is already
married, bound by vows, and had obligation to fulfill. He had
totally relinquished himself of the responsibilities and obligations
in marriage which he never assumed in the first place.

But

because he benefits from the relationship by way of it being an

ego boost, he had been very possessive of her and always got
jealous even without basis. There were times his insecurities get
the better of him that he would get suspicious of her activities.
He is profoundly hostile toward others and reacts angrily to

perceived insults. He has poor control of his impulses such that

he readily gives in to anger and reacts to frustrations and
stresses in a rather antagonistic manner;
9 The root cause of respondents impaired personality pattern can
be

traced

back

to

his

unfavorable

familial

constitution

particularly to the inconsistent manner by which he was reared

by his caregivers.

He was born of a mother who used her

children as ego-extension to get her out of the suffering and

frustrations she had especially in terms of finances. On the other
hand, their father was more understanding if not lenient. It was
his wife who was the dominant spouse.

His time was more

consumed by work that the children had been more exposed and
attached to their mother. Romak manifests a consistent lack of
affection and emotional support thus his unstable sense of self
which could only stem from inadequate parental empathy and
sustenance. Being the eldest in the brood instilled in Romak a
feeling of superiority that he would boss his younger siblings to
do things for him. He expected compliance from them and this
further reinforced his ego. When he became the breadwinner of
the family, the more he was treated favorably by his family
members that
directed.

he became

too

self-centered

and

inwardly

He has become so accustomed with such chronic

pattern that it has already become his way of life;

10The psychological incapacity of the respondent is characterized

by juridical antecedence, as it already existed long before they
entered into marriage. This is already present prior to marriage
but became largely manifested after the celebration thereof
making it severe and incurable. Reconciliation is also considered
hopeless.

The concerned clinical psychologist has therefore

recommends the declaration of the marriage of herein parties. (A

copy of the clinical report dated 04 August 2008 is attached
hereto to form an integral part of this petition and marked as
Annex B);
11This marital union between petitioner and respondent bore no
children;
12The petitioner and respondent at the time they entered the
sanctity of marriage have not executed a marriage settlement as
to their property relation, hence the system of absolute
community of property governs their property regime as
provided for under the Family Code of the Philippines;
13During the marriage, petitioner and respondent were not able to
acquire any real and personal property;
14Based from the foregoing, the petitioner and the respondent
clearly manifested their psychological incapacity to discharge the
basic and essential obligations of marriage embraced by Articles
68, 69, 70 and 71 of the Family Code, as amended;

15Evidently, at the time they got married, both parties were not
ready and were thus incapacitated to comply with their
respective marital obligations which have as its declared object
the establishment of conjugal and family life. This incapacity
rendered impossible the attainment of the declared object of
marriage.

PRAYER
WHEREFORE,

in

view

of

the

foregoing,

petitioner

respectfully prays that after proper proceedings, judgment be

rendered by this Honorable Court declaring as null and void the
marriage between her and the respondent which took place in
Pasay City on 21 January 2001, on the ground of Psychological
Incapacity of respondent to comply with the essential marital
obligations.
Other reliefs and remedies, just and equitable under the
premises are likewise prayed for.
City of Manila, 20th October 2008.

ATTY.

MARICEL PAQUIZ DAUZ

Counsel for the

Petitioner
4536 V. Francisco St. Sta Mesa Manila
PTR NO.
5681784/02-11-08/San Juan
IBP NO. 745609/02-1908/Rizal
R oll of Attorneys No.
54742
Admitted to the bar in
the year 2007

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING
REPUBLIC OF THE PHILIPPINES)
CITY of MANILA
) S.S.
I,TERESITA I. TRANCE, of legal age, with residence
address located at 4536 V. Francisco St. Sta Mesa Manila, after
being sworn in accordance with law, do hereby depose and state
that:
1 I am the Petitioner in the above-entitle case;
2 I have caused the preparation and filing of the same;
3 I have read and understood the contents of the
Petition and attest the allegations therein are true
and correct of my personal knowledge or based on
the authentic records in my possession;

4 I hereto attest that I have not commenced any other

action or filed any other claim involving the same
issues in any court, tribunal or quasi-judicial agency
and, to the best of my knowledge, no such action is
pending;
5 If I should learn that the same or similar action has
been filed or is pending, I undertake to inform the
Honorable Court of this fact within five (5) days from
learning thereof.
AFFIANT FURTHER SAYETH NAUGHT.

_______________________
TERESITA I. TRANCE
Affiant

SUBSCRIBED AND SWORN TO before me this ___ day of

____________ 2008 at the place above stated, affiant having
exhibited
to
me
her
Community
Tax
Certificate
No.____________issued on __________________at ________________.

Atty. Leonel Infante

Notary Public
IBP No. 1255258 dtd. 02-13-15 Mla. City
PTR No. 2121212 02-15-15 Mla. City
Roll No. 245215455
MCLE Compliance II 12121235 dtd.
March, 2014

Doc. No. ______;

Page No. ______;

Book No. _____`_;

Series of 2008.