Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
BRANCH 94, Quezon City

RANDY NUEZ-ONG, Civil Case No. 001

Petitioner.

For:
DECLARATION OF
ABSOLUTE NULLITY
OF MARRIAGE BASED ON
ARTICLE 36 OF THE NEW
FAMILY CODE OF THE
PHILIPPINES

-vs-

LUAN DY-ONG,
Respondent.
x- - - - - - - - - - - - - - - - - - - - - - x

PETITION

PETITIONER, through the undersigned counsel, to this Honorable Court,

most respectfully allege as follows:

1. That Petitioner is of legal age, Filipino, married, and a resident of

Diliman, Quezon City;

2. That respondent LUAN DY-ONG, is also of legal age, wife of the

petitioner, Filipino, and a resident of Brgy. Dalakit, Catarman, Northern
Samar where she can be served with summons and other orders of this
Honorable Court;

3. That both petitioner and respondent have the capacity to sue and be sued;

4. That on June 1, 2002, petitioner and respondent entered into a contract of

marriage at the Catarman Parish Church, Catarman, Northern Samar before
most Rev. Angel T. Hobayan, Bishop of the Diocese of Catarman, as
Solemnizing Officer. A copy of their Marriage Contract is hereto attached as
Annex “A” and made an integral part hereof;

5. That the parties acquired real property during their marriage;

6. That they have two minor adopted children named Benedict Dy-Ong, and
John Dy-Ong Copies of the Certificates of Live Birth are hereto attached as
Annexes “B” and “C”, respectively, and made an integral part hereof;
7. That petitioner and respondent were introduced to each other when they
both stood as secondary sponsors at a wedding in Palapag sometime in 2000.
From then on, they were matched by relatives from both respondent’s and
petitioner’s sides especially petitioner’s aunt and respondent’s mother;

8. That as a businessman who is independent minded, dominating in

character and aggressive-getting all what he wanted, petitioner expressed his
feelings towards respondent, who, in turn allowed herself to be drawn
towards petitioner being an obedient child and due to the constant prodding
of relatives for her to pursue the petitioner;

9. After two years of dating, petitioner asked respondent to get married. On

the eve of the marriage, respondent asked his brother who is a priest that she
intended to back out from the wedding the following day, but his brother
priest prevailed upon him to avoid shame and financial implication it would
entail;

10. After one year of marriage, respondent was diagnosed with pituitary
gland tumor which affected her reproductive system. The medication
entailed so much expense that resulted to financial problem affecting their
business. Petitioner had to focus his energy and resources in reviving their
business operations.

11. That based from the Psychological Report conducted by a licensed

psychologist from Ample Professional Evaluation Center, Quezon City, a
copy of which marked as Annex “D” is attached and made an integral part
hereof, both petitioner and respondent are suffering from personality
disorders, viz:

a. Petitioner’s character who would experiment or do anything that

comes to mind without considering how others would be affected just as
long as his desires and wishes are satisfied are characteristics of
NARCISSISTIC PERSONALITY DISORDER;

b. That based on the background culled on the respondent, he showed

manifestations of a DEPENDENT PERSONALITY DISORDER.

12. That based from the above findings, the psychologist laid down the
following recommendations:

a. The marriage of the parties must be annulled since both petitioner

and respondent have been psychologically incapacitated to give each other
the emotional and spiritual support as well as the respect and loyalty towards
each other which are essential obligations of marriage;

b. The marriage of the parties must be annulled because petitioner’s

narcissistic personality disorder and respondent’s dependent personality
disorder have juridical antecedence and are both grave and very deeply
ingrained in their systems;

c. Since both petitioner and respondent are consistently in denial of

their personality disorders they are rendered incurable by any treatment
available. Their differences are irreconcilable, thus separation is inevitable.

13. That such psychological incapacities of both petitioner and respondent

are already present before marriage but manifested only after the
solemnization;

14. That the foregoing incapacities are permanent and incurable, although
the incurability may be relative only in regard to the other spouse, and not
necessarily absolutely against everyone;

15. That the incapacities mentioned above are relevant to the assumption of
marriage obligations;

16. That petitioner and respondent’s illness or psychological incapacities are

grave enough to bring about the disability to assume the essential obligations
of marriage;

17. That the foregoing misdemeanors of both parties have compelled the
petitioner to file the instant petition. Indeed, there is a clear future on both of
them to comply with the essential obligations of loving, respecting, caring
and of providing moral and psychological support upon each other. Both
parties are suffering from psychological incapacities which would render
their marriage null and void pursuant to Section 36 of the New Family Code
of the Philippines;

18. That their disabilities in assuming the essential obligation of marriage

are those provided for in the New family Code of the Philippines,
specifically in Articles 68 to 71, as regards the husband and wife;

19. That in a sense, both petitioner and respondent failed to comply with the
following provisions of the law as husband/wife to each other, specifically
as follows:

a. Article 68. The husband and wife are obliged to live together,
observe mutual love, respect and fidelity, and render mutual help and
support;

20. That the petitioner and respondent have been separated de facto for ten
years now;

21. That reconciliation is impossible as differences between the parties is

already intolerable and unbearable.
 PRAYER

WHEREFORE, premises considered, it is most respectfully prayed

of this Honorable Court, that after due notice and hearing judgement be
rendered as follows:

1. Declaring the marriage entered into by petitioner and the

respondent on june 5, 2004 to be null and void;

2. Ordering the annotation of the Decree of Annulment issued by this

Honorable Court in the records of the Municipal Civil Registrar of Catarman
N. Samar where the marriage was recorded.

3. Since the custody of the minor children is with the petitioner at

present, it is likewise prayed of this Honorable Court to adjudged such
custody over the minor adopted children with the petitioner permanently
subject to the visitation rights by the respondent;

4. That the absolute community property of a parcel of land covered

by TCT No. 1234 be sold and the proceeds thereof be liquidated equally
between the parties.

5. Other reliefs that are just and equitable under the premises are
likewise prayed for.

October 25, 2018, Quezon City.

ATTY, LYDIA TINGKINGCO

Counsel for Petitioners
Quezon City
PTR No. 1111 10-5-18
IBP Lifetime No. 1118
Roll No. 1111
MCLE No. V-2222
February 1, 2018

Copy furnished: By registered mail due to distance.

Office of the Solicitor General

134 Amorsolo St., Legazpi Village, Makati City

Office of the City Prosecutor

Justice Bldg., Quezon City