REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

___ Judicial Region

Regional Trial Court

Branch ________

Pasig City, Metro Manila

JOHN C. FABON

Petitioner,

-versus-

CIVIL CASE NO. _____

JUDICIAL DECLARATION

OF NULLITY OF MARRIAGE

MARILEN MORAN-FABON

Respondent.

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AFFIDAVIT
THE PARTIES
Petitioner, John C. Fabon (John for brevity) is of legal age, Filipino and
presently residing at Blk-20, Lot-5, Acacia Homes Pasig City;

Respondent, Marilen Moran-Fabon (Len for brevity) is likewise of legal

age, Filipino and is last known by the Petitioner to be residing at Block11,
Lot 87, ACM Woods Homes, Pasig City, where she may be served by
notices, orders and processes of the Honorable Court.

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.

FACTS OF THE CASE

The classic love affair between Mr. Jay Felizardo and Ms. Marilen Morales
started when the latter was introduced to the petitioner through her
cousin Pia. She and Jay were workmates in National Panasonic. What
started as a simple acquaintance was followed by an intense courtship;
Jay was immediately attracted to her that soon enough he was deeply
engrossed with her. Jay would often bring Marilen to and fro in her place
of work; he visited her in their house almost on a daily basis. These
adorable actuations of Jay eventually led to a romantic affair between
him and the respondent. Not for long, their secret liaison resulted in
sexual intimacies between the two, not just once, but on several
occasions. These intimate moments that Jay and Marilen shared together
in the private perfumed parlor, so to speak, resulted in the unexpected
pregnancy of the latter. This turn of events changed their lives forever.

The fruit of their lovely labor was discussed by them with their respective
families. Both families agreed that since Jay and Marilen are gainfully
employed, they should now tie the knot for the sake of their soon-to-be
offspring and transformed their amorous relationship into a marital bliss.
Needless to say, Marilen’s pregnancy hastened their marriage that was
held on the 28th of May 1998 in a church in Taytay, Rizal. Most members
of their respective families attended the marital ceremony. The first
stages of their married life were full of happiness and excitement, as they
awaited Marilen’s first delivery. She and Jay lived with her family after
the wedding and her family was cordial towards him. As time passed, a
second child came, and they eventually moved in to a new house. It was
a smooth sailing for the newly-weds at first. But a gradual changed in
what seemed to be a happy union loomed in the horizon.

Their marriage, however short-lived, blessed them with two children. At

the time of their marital union Jay continued working in National
Panasonic whiles his now wife Marilen worked in the Land Bank of the
Philippines. As earlier pointed out, the marriage seemed happy in the
beginning until one day the respondent asked him to go abroad
supposedly because their incomes were not enough but much to the
opposition of the petitioner. Jay did not like the idea of either him or his
wife going abroad to earn more money at the expense of the family being
separated; according to him they could live on their meager incomes for
as long as the family stays together. But because of the insistence of his
wife Marilen to go abroad and to escape from her pestering, he eventually
gave in to her wish and flew to Dubai as an overseas worker in 2004. He
worked as a CNC operator in that far away country known for its
unforgiving weather.

Jay endured working hard in the harsh climate of Dubai for more than a
year while sending money religiously to Marilen way back in Manila.
Everything was normal in the beginning of their new marital arrangement
– Jay working in Dubai and Marilen working in Manila at the Land Bank of
the Philippines.

They communicated constantly through texting and phone calls. But this
was not for long, what appeared to be a happy arrangement at first, took
an unexpected turn. Jay noticed a sudden change of Marilen’s behavior:
the frequent texts that she regularly sent to him and the phone calls that
she often made became far and infrequent. There were times that when
he called her up, Maricen would simply drop the call. On certain occasions
that he would call her late at night, she was not still in the house and
nowhere to be found. And whenever they would finally talk on the phone,
she was always in a hurry to stop the conversation arguing that that the
international calls was expensive even if it was Jay who was paying for
them anyway. Making the situation worse, the respondent even
prevented their two children from talking to him on the phone. But to the
biggest surprise of Jay, she had the gall to ask him for a marital
separation on the phone! She made it clear to Jay that she was ending
their marriage right on the very moment they were conversing on the
phone. Jay was at a loss on Marilen’s strange new actuations towards him
and her seeming loss of affection towards him. The new sad development
in his married life drove him to tears and he almost lost his mind figuring
out what could be the reason for his wife’s drastic decision. Did I do
something terribly wrong? This was the nagging question at the back of
his tortured mind. He could not think of anything he had done to merit
such a cold treatment from the lady she dearly loved. He however
recalled what his childhood friend, Froilan Bagares, told him about the
rumors of Marilen having entertained another man. This man was often
seen driving off Marilen after work. Despite these rumors, Jay still
continued to believe that his wife still loved him, ever loyal to him, cared
for their children and valued the sanctity of their young marriage. He was
wrong.

Jay went home to the Philippines in 2005 in order to find the real score
and hoped to save his marriage to Marilen. His main task of returning to
the Philippines was precisely to fix their marital union he dearly valued
and for the sake of their children. To his consternation, Marilen frankly
told him that they part ways and from then on would lead separate lives.
But Jay, hopeful as he had always been, requested the help of his
relatives in the hope that Marilen would take a 360 degree turn on her
drastic decision to split up with Jay. Instead of listening to them however,
she dropped the bomb, so to speak, on him in front of their close
relatives: Jay’s parents and sibling and Marilen’s mother. Marilen made
her feelings loud and clear to Jay that she had no intention anymore to
patch things up with him. She further added that she no longer loved
him, hence, the eventual separation. That was the last straw for him, and
has from then on learned to accept the faith of his marriage to his once
beloved wife. Right there, he decided to go back working abroad. He
presently has a girlfriend and he also religiously continues to give
financial support to his two children. And since then, the petitioner and
the respondent had been living separate lives.

WHEREFORE, premises considered, it is respectfully prayed that after

trial, judgment be rendered by this Honorable Court declaring the
marriage between the Petitioner and the Respondent VOID AB INITIO by
reason of the psychological incapacity of the petitioner and respondent,
citing Art. 36 of the Family Code.

Other reliefs just and equitable are prayed for.

June 28, 2010

Taytay, Rizal for Pasig City

IN WITNESS WHEREOF, I have set hereunto my hand this

______________________, 2010, ____________________.

JOHN C. FABON

Affiant

SUBSCRIBED and sworn to before me, in the city/municipality of Taytay

Rizal, this _________ day of __________ 2009.

Doc.No.; _____

Page No.; _____

Book No.; _____

Series of 2009.

P, C and Associates Law Offices

Counsel for Petitioner

2/F MaDRIGAL Bldg. 183 Rizal Ave. Taytay Rizal