REGIONAL TRIAL COURT

11th Judicial Region

Branch _____
Davao City

RON GAWAT
Petitioner, Case No. _____________

For: Declaration of Nullity

-versus-
of Marriage
HAZEL ABINUMAN,
Respondent.
x-------------------------------x

Petitioner, RON GAWAT by counsels, respectfully

alleges that:

1. Petitioner, RON GAWAT (RON for brevity), is of legal

age, Filipino, married to Respondent, HAZEL ABINUMAN
(HAZEL for brevity), and a resident of Prk. 10, Blessed
Homes, Brgy. Bunawan, 8000 Davao City, Davao Del Sur,
Philippines;

2. In compliance with the jurisdictional requirement set forth

in Section 5 of Administrative Memorandum No. 02-11-
10-SC (Re: Rule on Declaration of Absolute Nullity of Void
Marriages and Annulment of Voidable Marriages), the
following documents are hereby attached as follows:

(a) Sworn Certification of Residency with house

location sketch, issued by the Office of the
Barangay Council of Barangay Bunawan Proper,
dated March 8, 2021 and signed by Punong
Barangay HON. RONNIE O. CRUZ are attached
herewith as ANNEXES “A” to “A-1” and form an
integral part of this Petition;

(b) Sworn statement of the Petitioner’s Counsel

of Record, dated May 22, 2021 that he has
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Petition for the Declaration of Nullity of Marriage
 personally verified Petitioner’s residence and that
the Petitioner had been residing thereat for at
least six (6) months prior to the filing of the
instant Petition is attached herewith as ANNEX
“B” and forms an integral part of this Petition;
and

(c) A government-issued ID bearing the

photograph and address of the Petitioner and
issued at least six (6) months prior to the filing of
the Petition is attached herewith as ANNEX “C”
and forms an integral part of this Petition.

3. Petitioner may be served with notices, Orders, pleadings

and other legal processes relative hereto through the
undersigned counsels’ office address:

c/o ATTY. JENNICA GYRL G. DELFIN

ATTY. JESSY JACALNE
ATTY. RICHARD ACAIN
DJA LAW and ASSOCIATES
3F Davao TBT Building, Porras St. cor. Iñigo St.
Bo. Obrero, 8000 Davao City, Philippines

4. Respondent, HAZEL, is of legal age, Filipino, married to

Petitioner RON, and resident of Block 22, Lot 20, Apple
Street, Phase 2, Ciudad De Esperanza, Cabantian, 8000
Davao City, Philippines. She may be served with notices,
Orders, pleadings and other legal processes relative
hereto through the aforementioned address;

5. The parties, RON and HAZEL, married on June 03, 2002

at 11:30 AM at the Regional Trial Court, Branch 15, Hall
of Justice, Ecoland, Davao City, Philippines before Hon.
Isaac G. Tan as evidenced by Certificate of Marriage
bearing Registry No. 2002-12341.

6. The parties first met at around April 2000 when they both
went on a climb to Mt. Apo Summit, Davao Del Sur,
Philippines;

1
A copy of the Certificate of Marriage with Registry Number 2002-1234 is attached in the Judicial
Affidavit of Ron Gawat denominated as EXHIBIT “D” thereof and made an integral part hereof.

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Petition for the Declaration of Nullity of Marriage
 7. The parties’ mutual hobby of mountaineering paved way
for their romantic relationship;

8. Since their first meeting on April 2000, Petitioner would

invite the Respondent to mountain climbing once in a
while until they both developed a mutual feeling for each
other. Petitioner thereafter courted Respondent through
phone calls and messages;

9. Around June 2000, Respondent accepted Petitioner to be

her boyfriend;

10. Around April 2002, Petitioner impregnated Respondent

without the benefit of marriage during one of their
trekking activities;

11. At that time, Respondent works in Holy Cross of Davao

College (HCDC), a Catholic institution, where Petitioner is
also attending school;

12. Since Respondent works in a Catholic school, she was

required by the school to get married for having
contracted pregnancy outside of marriage. Otherwise, her
employment will be terminated. Because of which,
Petitioner was compelled to marry the Respondent;

13. The parties married each other on June 03, 2002 at 11:30
AM in Regional Trial Court, Branch 15, Hall of Justice,
Ecoland, Davao City, Philippines;

14. After their marriage, the parties lived in Block 8, Lot 94,
Belisario Village, Agdao, Davao City, Philippines, together
with the Petitioner’s mother, step-father, and sibling;

15. On January 06, 2003, Respondent gave birth to their first

child, JUSTIN GAWAT. Such fact is evidenced by
Certificate of Live Birth bearing Registry No. 2003-
12342;

16. Midyear of 2004 and prior to the birth of their second

child, Petitioner engaged in an extra-marital affair.
Conflict between the parties started to surface as issues
on fidelity, trust and loyalty gets tackled. Even the most

2
A copy of the Certificate of Live Birth bearing Registry No. 2003-1234 is attached in the Judicial Affidavit
of Ron Gawat denominated as EXHIBIT “E” thereof and made an integral part hereof.

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Petition for the Declaration of Nullity of Marriage
 mundane of things would lead to quarrels and verbal
dispute would often end physical;

17. On October 19, 2004, Respondent gave birth to their

second and last child, SAMANTHA GAWAT. Such fact is
evidenced by Certificate of Live Birth bearing Registry
No. 2004-123453;

18. The birth of their second child did not arrest the situation
between the parties. Respondent has become less trusting
and always too jealous of the Petitioner;

19. Such jealousy on the part of the Petitioner coupled with

the short-temperedness of the Respondent when the
issues on fidelity are touched upon smolders the ember
which left their marriage in ashes;

20. Petitioner could no longer find peace in his marriage so he

left for Manila to stay away from the Respondent. At the
same time, Petitioner also found his job there as a
Merchandiser at Sandugo Sandals Inc. He worked there
for almost a year;

21. On the other hand, Respondent, together with their

common children, went to live with her mother in
Tibungco, Davao City;

22. Few months after Petitioner left for Manila, he has been
hearing rumors about his wife who was left in Davao City
– that Respondent has been dating her co-worker;

23. Petitioner chose not to entertain all those hearsays and

trusted his wife because there were also no proofs shown
to him to engender a well-founded belief that Respondent
is really engaged in an illicit affair;

24. Midyear of 2005, Petitioner went home to Davao City with

an intention to surprise his family;

25. Petitioner was restless because it was already nine o’clock

in the evening (9:00 PM) and the Respondent is not home
yet. Usually, Respondent’s working hours ends at five
o’clock in the afternoon (5:00 PM) so she should be home
3
A copy of Certificate of Live Birth bearing Registry No. 2004-12345 is attached in the Judicial Affidavit of
Ron Gawat denominated as EXHIBIT “F” thereof and made an integral part hereof.

4
Petition for the Declaration of Nullity of Marriage
 around six to seven o’clock in the evening (6:00 – 7:00
PM);

26. Petitioner decided to wait for his wife at the corner of the
street around Tibungco area where the Respondent
usually alights from a public utility vehicle. While waiting,
Petitioner saw his wife on a passenger seat of some other
guy’s vehicle. When Respondent was about to get off of
that vehicle, she kissed and hugged the man who was
driving the said vehicle;

27. Rage and fury rushed through the Petitioner that he

outrageously smashed the window of the vehicle where
the Respondent was at. The man just drove off and
Respondent did not alight the vehicle;

28. Respondent came home around midnight of the same

day. When confronted with the incident, she denied that
she was seen hugging and kissing another man.
Respondent averred that she was not the same person
that the Petitioner saw earlier;

29. Petitioner was enraged but he could not argue anymore

because he had no evidence to prove his allegations. He
was not able to take a photo of the incident because it
was really dark at that time and he could not think of
taking a photo anymore as he was burning with anger
with what he witnessed;

30. Because of that incident, the parties had always been

fighting, less trusting, and was too jealous with each
other. Petitioner could not take to live under one roof with
the Respondent because he has the tendency to become
violent whenever he remembers the cheating incident that
he personally witnessed;

31. Henceforth, Petitioner left their conjugal dwelling and

lived with his mother in Bunawan, Davao City;

32. Since midyear of 2005, the parties have separated in fact.

Their common children were left in the custody of the
Respondent and the Petitioner would just borrow them
from time to time. They would only communicate if either
of them had concerns with their common children;

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Petition for the Declaration of Nullity of Marriage
33. Parties who used to live together as husband and wife,
observed mutual love and fidelity grew to become
strangers with each other. They stopped to cohabit
together and abandoned the concept of rendering mutual
help and support;

34. Dire such family set-up as it is, became more

dysfunctional sometime in 2006, when Respondent left for
Dubai as an Overseas Filipino Worker (OFW). Since she
left, the parties have stopped communicating as husband
and wife but only exchanged messages as co-parents to
their children;

35. The children’s custody was left to the Respondent’s

mother in Tibungco, Davao City. Petitioner, who was left
in Davao City, would just borrow the children from his
mother-in-law from time to time. This set-up had been in
place for seven (7) years or until 2013 when the
Petitioner went to abroad as an OFW;

36. In September 2013, Petitioner was able to land a job as a

gym instructor in Abu Dhabi, United Arab Emirates (UAE).
Even so, the parties did not meet in UAE considering that
Dubai is only one hundred thirty-nine kilometers (139
kms.), more or less, away from Abu Dhabi. Parties have
grown to be apathetic from each other that neither of
them is motivated to meet the other in any manner
regardless of the fact that they have common children;

37. In December 2013, parties invited their children in Dubai

for a vacation to celebrate Christmas and New Year.
Parties met again that time because the Petitioner wanted
to see his children. The parties agreed to meet in Dubai
Mall. Respondent left immediately right after the children
saw the Petitioner. The Petitioner was able to spend a day
with his children before they left for the Philippines in
January 2014;

38. Even if the parties met again in December 2013, parties

never went out as a whole family. Separately, their
children would either spend time with the Petitioner or
with Respondent. Thus, Petitioner would go out with their
children alone, without Respondent and vice versa;

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Petition for the Declaration of Nullity of Marriage
39. In April 2016, Petitioner went back to the Philippines for a
vacation. Incidentally, Respondent was also in the
Philippines at that time. Petitioner requested to borrow his
children from the Respondent. So, they met in SM, Davao
City. Petitioner noticed Respondent’s unusual big
stomach. When Petitioner went out with his children, he
was able to confirm from them that Respondent is really
pregnant. Accordingly, Respondent was impregnated in
Dubai while the father of that third child is unknown;

40. It was physically impossible for the Petitioner to have the

Respondent impregnated in the year 2016 because the
last time that they saw each other was in December 2013
when the Petitioner requested that he be allowed to see
his children while they were still vacationing in Dubai;

41. Respondent gave birth to her third (3rd) child, SARA

ABINUMAN, on September 23, 2016 as evidenced by a
Certificate of Live Birth with Registry No. 2016-
1234 wherein the Father’s details were left4;

42. In the later part of year 2020, Petitioner decided to take

steps to have his marriage with the Respondent nullified.
He engaged the services of his Psychologist, Dr. JAS
MIRANO to request for a Psychological Report including
his curriculum vitae5;

43. The Psychological Report prepared by Dr. Mirano, wherein

the Respondent refused to be interviewed, is limited by
the availability of the informants;

44. The Psychological report states inter alia that Petitioner

has satisfied almost all the criteria for Narcissistic
Personality Disorder 301.81 (F60.81) and that the
Respondent has satisfied almost all criteria for
Borderline Personality Disorder 301.83 (F60.3);

4
A copy of Certificate of Live Birth with Registry No. 2016-1234 is attached in the Judicial Affidavit of Ron
Gawat denominated as EXHIBIT “G” thereof and made an integral part hereof.

5
A copy of Psychological Report with curriculum vitae is attached in the Judicial Affidavit of
Ron Gawat denominated as EXHIBIT “H” thereof and made an integral part hereof.

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Petition for the Declaration of Nullity of Marriage
45. In his Psychological Report, Dr. Mirano recommends that
in view of the parties’ psychological incapacity to comply
with the essential marital obligations as embraced in
Article 36 of the Family Code, it is therefore
recommended that the parties be entitled to a declaration
of nullity in their marriage;

46. As enunciated under the said Psychiatric Evaluations of Dr.

Mirano, personality disorder is incurable because those
who suffer from it lack insight, and they do not
acknowledge pain from what society perceives of their
symptoms and the pain they cause the people around
them. They are not motivated for treatment and are
impervious to recover. Even if they submit to
treatment, the failure rate is high. Behavior and
personality are consistent and stable. Even if changes are
noted in treatment, when stress comes in, the original
personality will surface. Prognosis is poor, thus
tantamount to incurability because it involves time
and expense plus the lack of integrity of the person
with personality disorder. Petitioner’s inability to
discharge the essential obligations of marriage is grave
and incurable;

47. The Psychological Incapacity of the Petitioner to perform

the essential marital obligations as recommended by Dr.
Mirano most certainly render the marriage between the
parties null and void under the provisions of Article 36 of
the Family Code;

48. In Epina-Dan vs. Dan, G.R. No. 209031, April 16, 2018,
The Supreme Court, citing Toring vs. Toring, held that
psychological incapacity under Article 36 of the Family
Code must be characterized by:

a. Gravity;
b. Juridical antecedence; and
c. Incurability, to be sufficient basis to annul a marriage;

49. The foregoing disquisitions, based on the findings of Dr.

Mirano, show that Petitioner is psychologically
incapacitated to discharge her obligations in marriage.
Such incapacity is characterized by:

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Petition for the Declaration of Nullity of Marriage
 a. Gravity. Petitioner has Antioscial Personality
Disorder, mixed personality features. It is a
serious personality disorder that results in her utter
insensitivity and/or her inability to give meaning and
significance to the marriage she contracted. Petitioner
failed to perform the marital duties of mutual love,
respect and support. Her psychological incapacity is
grave and serious rendering her incapable to perform
the essential marital obligations;

b. Juridical Antecedence. Petitioner’s psychological

incapacity preceded her marriage. As shown in the
Psychiatric Report of Dr. Mirano Petitioner’s narcissistic
traits of being inconsiderate and self-centered and her
anti-social traits of being irresponsible, deceitful and
utter disregard for rules can be traced to her childhood.
As she was growing up, she was not able to receive the
care and attention needed by a child. As a result, she
became less attentive and inconsiderate to the people
around her;

c. Incurability. Psychiatric Evaluations of Dr. Mirano

show that Petitioner’s personality disorder is incurable
because persons who suffer from Antisocial
Personality Disorder, mixed personality features
lack insight and do not acknowledge the pain they
cause to others. They are not motivated to recover and
even if they submit to treatment, the failure rate is
high. In fact, behavior and personality are consistent
and stable. Even if changes are noted in treatment,
when stress comes in, the original personality will
surface. Prognosis is poor, thus tantamount to
incurability because it involves time and expense
plus the lack of integrity of the person with
personality disorder;

50. Notwithstanding, the Court in the case of Tan-Andal v.

Andal, G.R. No. 1963596, unanimously modified the
interpretation of the requirements of psychological
incapacity as a ground for declaration of nullity of
marriage found in Article 36 of the Family Code;

6
Supreme Court of the Philippines (Press Briefer), May 12 2021, https://sc.judiciary.gov.ph/18420/

9
Petition for the Declaration of Nullity of Marriage
 51. The Court pronounced that psychological incapacity
is not a medical but a legal concept. It refers to a
personal condition that prevents a spouse to comply with
fundamental marital obligations only in relation to a
specific partner that may exist at the time of the marriage
but may have revealed through behavior subsequent to
the ceremonies. It need not be a mental or personality
disorder. It need not be a permanent and incurable
condition7;

52. The failure and/or inability of the parties to perform the

essential marital obligations as shown in the foregoing
paragraphs most certainly render the marriage between
the parties null and void on the ground of psychological
incapacity under the provisions of Article 36 of the Family
Code;

53. In Republic of the Philippines v. Court of Appeals 8, the

Court enunciated that the essential marital obligations
include those provided under Article 68 of the Family
Code which reads as follows:

“Art. 68. The husband and wife are obliged to live

together, observe mutual love, respect and fidelity, and
render mutual help and support.”

54. In the present Petition, both parties’ infidelity, frequent

fights and misunderstandings, insensitivity, and
immaturity run counter to the ordains of Article 68 of the
Family Code;

55. Thus, the frequent fights and misunderstandings between

the parties which is caused by their unfaithfulness with
each other render them impossible to live together which
contravenes the ordain of their essential marital
obligations to live together;

56. Involving into extra-marital affairs by both parties

likewise contravene their essential marital obligations to
observe mutual love, respect, and fidelity with each
other;

7
Ibid
8
268 SCRA 198 (1997)

10
Petition for the Declaration of Nullity of Marriage
 57. Parties did not acquire any real properties and
businesses while their marriage subsisted;

58. Petitioner is not motivated to reconcile with the

Respondent. He has gradually lost the deep feeling of love
since the cheating incident that he witnessed and totally
fell out of love with Respondent taking into account that
Respondent already has a child with another man;

59. Petitioner wanted to move forward with his life and

obtain peace of mind. He wants to start a new chapter of
his life with someone he can live with peacefully, and
someone whom he can observe respect and fidelity with
until the sunset of his life. Thus, this Instant Petition;

60. By virtue of the Amendments made to the Revised Rules

on Evidence (A.M. No. 19-08-15-SC) and Rules of Civil
Procedure (A.M. No. 19-10-20-SC) which is collectively
known as Amended/Revised Rules, the herein counsels
intend to present three (3) witnesses, to wit:

a) RON GAWAT, whose Judicial Affidavit is

attached herewith as ANNEX D” and forms an
integral part hereof, will attest to the following
facts:

 That he married Hazel Abinuman on June 3,

2002;
 That they have two children together;
 That they separated two years after they
married;
 That after their separation, it came to RON’s
knowledge that Sandra was impregnated in
Dubai by a different man;
 To identify pieces of evidence
 And to prove such other relevant matters
relevant to the case.

b) DR. JAS MIRANO, whose Judicial Affidavit is

attached herewith as ANNEX “E” and forms an
integral part hereof, will attest to the following
facts:

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Petition for the Declaration of Nullity of Marriage
  That RON GAWAT personally came to his
clinic on May 24, 2021 for a psychological
evaluation which RON may use as evidence
in connection with the petition for Nullity of
Marriage he has filed before the Court
against his estranged wife, Hazel Abinuman;
 That he examined and assessed RON on May
24, 2021 based on Collateral Interviews and
Mental Status Examination;
 That he also based his assessment on the
following psychological tests:
 Raven’s Progressive Matrices (RPM);
 Emotion Profile Index (EPI);
 Basic Personality Inventory (BPI);
 That RON has satisfied almost all the criteria
for NARCISSISTIC PERSONALITY
DISORDER;
 That Sandra has satisfied all the criteria for
BORDERLINE PERSONALITY DISORDER;
 Based on the examination he conducted, he
concluded that RON Gawat and Hazel
Abinuman are psychologically incapacitated
to comply with the essential marital
obligations as embraced in Article 36 of the
Family Code of the Philippines;
 To identify pieces of evidence
 And to prove such other relevant matters
relevant to the case.

c) JESSY ACALNE, whose Judicial Affidavit is

attached herewith as ANNEX “F” and forms an
integral part hereof, will attest to the following
facts:

 She is the mother of RON, the Petitioner in

this case and the mother-in-law of Hazel;
 That RON married Sandra on June 03, 2002;
 That RON and HAZEL have two children
together;

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Petition for the Declaration of Nullity of Marriage
  That RON and HAZEL separated two years
after they married because of their
extramarital affairs and irreconcilable
differences;
 That when they separated, RON and HAZEL
no longer communicated except when there
were matters that need to be discussed
regarding their children;
 That she saw HAZEL carrying a child with
Arabic features during the wake of her
relative;
 That upon asking HAZEL’s relatives, they
confirmed that the child was HAZEL’s;
 And to prove such other relevant matters
relevant to the case.

PRAYER

WHEREFORE, in view of the foregoing, Petitioner

respectfully prays that the Honorable Court render judgment
as follows:

1. Declare the marriage between Petitioner and

Respondent null and void ab initio under the provisions
of Article 36 of the Family Code of the Philippines; and

2. Adjudicate all other legal effects of the decree of nullity

of marriage, including properties and businesses
acquired, if any, by the parties during the subsistence
of their marriage;

Petitioner prays for such other reliefs just and equitable

under the premises.

Davao City, Philippines, August 5, 2022.

DJA LAW and ASSOCIATES

3F Davao TBT Building, Porras St. cor. Iñigo St.
Bo. Obrero, 8000 Davao City, Philippines

For the Petitioner:

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Petition for the Declaration of Nullity of Marriage
 ATTY. JENNICA GYRL DELFIN
IBP No. 09876; 12/23/2021 (for 2022); SDS
PTR No. 123456; 01/04/2022; DC
Roll No. 71653; MCLE No. VI-0012345
Email add.: Jggd@gmail.com
Mobile No. 0915-343-1223

ATTY. JESSY ACALNE

IBP No. 45678; 12/13/2021 (for 2022); Davao del Sur
PTR No. 64658; 01/03/2022; Davao City
Roll No. 76816; MCLE Compliance No. VI-00248764
Email add.: jessy@gmail.com
Mobile Number: 0917-321-1222

ATTY. RICHARD ACAIN

IBP No. 4543; 12/13/2021 (for 2022); Davao del Sur
PTR No. 68342; 01/03/2022; Davao City
Roll No. 76764; MCLE Compliance No. VI-00243874
Email add.: richard@gmail.com
Mobile Number: 0917-321-1365

EXPLANATION OF SERVICE

Copy of the Petition for Declaration of Nullity of

Marriage was served to the Respondent by registered mail
due to time and distance constraints, and for lack of the
undersigned’s’ staff who can serve the same in person.

ATTY. JENNICA GYRL DELFIN

ATTY. JESSY ACALNE

ATTY. RICHARD ACAIN

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Petition for the Declaration of Nullity of Marriage
Copy furnished:

HAZEL ABINUMAN Registry Receipt No: ________

Blk. 22, Lot 20, Apple St. Date: ____________________
Phase 2, Ciudad De Esperanza
Cabantian, 8000 Davao City,
Philippines

OFFICE OF THE SOLICITOR Registry Receipt No: ________

GENERAL Date: ____________________
134 Amorsolo St., Legaspi Village
1229 Makati City, Philippines

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Petition for the Declaration of Nullity of Marriage
Republic of the Philippines }
Davao City } S.S.
x--------------------------------------x

VERIFICATION AND CERTIFICATION AGAINST FORUM

SHOPPING

I, RON GAWAT of legal age, Filipino, married, and a

resident of a resident of Prk. 10, Blessed Homes, Brgy.
Bunawan, 8000 Davao City, Davao Del Sur, Philippines, after
having been duly sworn to in accordance with law, do
hereby depose and state that:

1. I am the Petitioner in the above-captioned case

and I have caused the preparation of the
foregoing Petition;

2. I have read and understood the contents of the

contents of the foregoing Petition and the
allegations therein are true and correct based
on my own personal knowledge, and/or based
on authentic documents;

3. The aforesaid Petition is not filed to harass,

cause unnecessary delay, or needlessly increase
the cost of litigation, and that the factual
allegations therein have evidentiary support;

4. To the best of my knowledge and information,

no such action or proceeding is pending before
the Supreme Court, Court of Appeals, or any
tribunal or agency; and

5. If I should thereafter learn that a similar action

or proceeding has been filed or pending before
the Supreme Court, Court of Appeals, or other
tribunal or agency, I undertake to report that
fact within five (5) days therefrom to this
Honorable Court where the original pleading
and sworn certification have been filed.

IN WITNESS WHEREOF, I have hereunto set my

hand this 5th day of August, 2022 in Davao City, Philippines.

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Petition for the Declaration of Nullity of Marriage
 RON GAWAT
Affiant

SUBSCRIBED AND SWORN TO before me this 5th

day of August, 2022 in Davao City, Philippines, affiant
personally appeared to me and is known to me personally
and/or exhibited to me his competent evidence of identity.

ATTY. JENNICA GYRL DELFIN

Notary Public – Davao City
Doc. No. : ; Until 31 December 2021
Page No. : ; Allowed Until December 31, 2022 by Virtue of BM No.
Book No. : IV; 3795
Serial No. 2020-100-2021; Roll No. 71653
Series of 2022. IBP No. 09876; 12/23/2021 (for 2022); SDS
PTR No. 123456; 01/04/2022; DC
Davao City, Philippines

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Petition for the Declaration of Nullity of Marriage