REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

Sixth Judicial Region
Regional Trial Court
Branch V
Ampayon, Butuan City

JOHN C. FABON
Petitioner,
CIVIL CASE NO. 5425622

-versus-

MARILEN MORAN-FABON
Respondent.

x—————————————————————x

AFFIDAV
I PETITION FOR NULLITY OF MARRIAGE
T
THE PARTIES

Petitioner, John C. Fabon (John for brevity) is of legal age, Filipino and presently residing at
Blk-20, Lot-5, Ampayon, Butuan 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, Libertad, Butuan City, where she may
be served by notices, orders and processes of the Honorable Court.

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.

Richard Galera and Associates Law Offices

Counsel for Petitioner
2/F MaDRIGAL Bldg. 183 Rizal Ave. Taytay Rizal