Republic of the Philippines
EIGHT JUDICIAL REGION
REGIONAL TRIAL COURT
Branch ___
Catarman Northern Samar
Melca Vacunawa Peru CIVIL CASE NO. 09284426394
Petitioner, For: DECLARATION OF NULLITY OF
MARRIAGE
-versus-
Philip Carlo Labenia Gimena
Respondent.
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PETITION
PETITIONER, through the undersigned counsel, to this HONORABLE COURT, respectfully states:
1. That petitioner, Melca Vacunawa Peru is of legal age, marries, and a resident of Brgy. Dalakit,
Catarman Northern Samar, for more than 3 years as evidence by a certificate of residency hereto
attached as Annex “A”, where he may be served with summons and legal processes of his Honorable
Court, where he may serve with summons;
2. That respondent Philip Carlo Labenia Gimena, is also of legal age, married and a resident of Brgy.
Airport Village, Catarman Northen Samar, where he may be served with summons and legal
processes of this Court;
3. That petitioner and respondent were married, under absolute property regimen on May 28, 2016, in
church wedding solemnized by Rev. Fr. Diosdado at Lady of Annunciacion Catarman Northern
Samar. Copy of the Marriage Certificate is hereto attached as Annex “B", hereof;
3.1. That they were married without pre-nuptial agreement, and during their marriage, they never
had any property for their own, personal or real;
4. That petitioner met respondent on a friendly gathering held by their parents as they are close with
each other. They knew each other until they graduate in High School in 2015 and parted ways to
pursue collage – petitioner in Manila, at Centro Escolar University and respondent At University of
Eastern Philippines;
5. In 2016, they accidentally met in a party held by a common friend in Manila when respondent had
his internship for his course. Petitioner was then staying at a boarding house in Sampaloc, Manila
while respondent stayed with his relatives in Quezon city;
5.1. It was on this two (2) month internship period of respondent that they started communicating
and liked each other before respondent returned to Northern Samar to continue his studies;
5.2. However, when respondent left, she was already pregnant. When she told him about it, he was
not happy, and he got angry and wanted the abortion of the child;
5.3. When she protested to the abortion, respondent started to be irrational and it was then that
they started quarreling with each other;
5.4. Petitioner told her parents about the pregnancy to ask for guidance about the situation, which
in turn the parents of the petitioner informed the parents of the respondents;
6. In May 2016, or just two (2) months after they found out about the pregnancy, petitioner was
married to the respondent as aforestated, and this marriage was intended for the child;
7. Petitioner and respondent decided to stay at respondents house in Northern Samar, and it was then
that petitioner’s miserable life started. By this time her parents and siblings as well as her in-laws
started supporting her in her pregnancy.
7.1. Respondent, who has no work at that time and is dependent to his parents, got easily irritated
and abusive. Almost always, petitioner would receive a slapping on her face whenever
respondent would arrive home drunk after a night-out with friends and barkadas;
8. In July 2016, or just two (2) months after the marriage was consummated, the petitioner had a
miscarriage;
8.1. Respondent, because of the miscarriage, worsen his treatment to the petitioner. Almost always
drunk, petitioner would receive psychological abuse beside the physical abuse she already
receives;
9. When petitioner could not anymore bear the pains and humiliation she received from respondent,
she went home to her parents. Respondent did not try to pursue and take back the petitioner;
9.1. Petitioner later learn that respondent, even prior to there marriage was already seeing multiple
women besides the petitioner. This continued even after the commission of there marriage;
9.2. Petitioner also learned that the reason why respondent married her was the insistence of his
parents for them to get married since he got her pregnant and it would bring shame to there
family he did not do so;
10. That the above circumstances are indicative of the psychological incapacity of respondent from
complying with the marriage evident of his immaturity that has manifested even prior to celebration
of marriage;
11. That petitioner and respondent undergone psychiatric evaluation and the result showed that
petitioner’s marriage to respondent be declared null and void, on the basis of respondent's marriage
to respondent's psychological incapacity to handle essential marital obligations. Manifested during
early adulthood, the root cause is his immaturity, being pathological liar and dysfunctional family,
classified as narcissistic personality disorder. His personality disorder is GRAVE and INCURABLE. His
psychological incapacities had juridical antecedence, causing him to lack the ability to love, support,
respect, trust, and co-habit with her husband.
WHEREFORE, PREMISE CONSIDERED, it is respectfully prayed of this Honorable Court, that
judgment be rendered decreeing the absolute nullity of the marriage contracted by petitioner with
the respondent.
Other reliefs just and equitable under the circumstances are likewise prayed for.
