Republic of the Philippines

Third Judicial Region

REGIONAL TRIAL COURT
Gapan City, Nueva Ecija
Branch ____

ANGELICA PORTUGAL - GARCIA

Petitioner,

-versus- CIVIL CASE NO.________

For: Declaration of Nullity of
Marriage
WESLEY M. GARCIA,
Respondent.
x- - - - - - - - - - - - - - - - - - - - - - - - - x

PETITION

PETITIONER ANGELICA PORTUGAL - GARCIA (Angelica), by the undersigned

counsel, unto this Honorable Court, most respectfully avers that:

1. She is a Filipino citizen, of legal age, married, with residence and postal
address at Tinio Street, San Lorenzo, Gapan City, Nueva Ecija where she may be
served with notices and all other judicial processes of this Honorable Court.

2. In support of, and for purposes of validation of his residence, under OCA
Circular 63-2019, petitioner submits copies of the following:

a) Sworn Certification (with house location sketch) issued by the Office

of the Barangay Chairman of Barangay San Lorenzo, Gapan City,
Nueva Ecija Sworn Statement of the undersigned counsel.
c) Proof of billing bearing the address of petitioner at Barangay San
Lorenzo, Gapan City, Nueva Ecija.
d) Land Transportation Office issued License bearing the address of
petitioner with the same address as indicated in this petition.

The foregoing documents will be presented at the trial of this petition as

Exhibits “A” to “A-3”, respectively.

3. Respondent WESLEY M. GARCIA (Wesley) is likewise of legal age,

Filipino, married, with residence and postal address Barangay San Lorenzo, Gapan

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City, Nueva Ecija, where he may be served with all summons and other judicial
processes of this Honorable Court;

4. By this petition, petitioner Angelica prays of this Honorable Court to

declare as null and void her marriage to respondent Wesley on the ground that
Wesley suffers from grave, serious, and incurable psychological incapacity in
contemplation of Article 36 of the Family Code of the Philippines, viz:

“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 be manifest after its solemnization.”

5. Due to the respondent’s psychological incapacity which is grave,

incurable and has juridical antecedence prior to their marriage, the marriage
between the parties must be declared null and void under the foregoing provision
of the law.

STATEMENT OF FACTS

6. Wesley and Angelica are husband and wife. They entered into a lawful
marriage on April 23, 2014 in a civil wedding at Gapan City, Nueva Ecija. Proof of
their marriage is the hereto attached Certificate of Marriage issued by the Office
of the Civil Registrar General, Philippine Statistics Authority (PSA). The document
shall be presented and marked at the trial as Exhibit “B” to prove the fact of the
parties’ marriage;

7. There being no marriage settlement executed by Wesley and Angelica

prior to their marriage, their property relations during the period of their marital
union were governed by the system of absolute community of property under the
Family Code of the Philippines;

8. Although Wesley and Angelica belong to the same place, San Lorenzo,
Gapan, their first encounter was through a voice call sometime in 2010. Angelica’s
number was given by a common friend to Wesley, and upon receipt by Wesley,
Angelica’s phone already became busier. Wesley would call her even in the
middle of the night, and those conversations would last for hours; sometimes
until dawn. Wesley eventually won the heart of Angelica in the same year of
2010.

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 9. Early on their romantic relationship, news of Wesley’s serious addiction
to drinking, smoking and gambling already reached Angelica. She verified these
information with Wesley, but the latter vehemently denied these, and said that
he occasionally take some puff of cigarette, but that was all about it.

10. Wesley and Angelica’s relationship became more intimate, and the two
engaged in repeated sexual congress which led to Angelica’s unplanned
pregnancy in 2012. Angelica was just 18 years old back then, and she had to quit
her studies due to her pregnancy.

11. Life hit Angelica harder after she started conceiving, and the two moved
into Angelica’s parental home. Wesley’s lies can no longer be covered up since
the couple now live under one roof, in the same room.

12. Wesley would not have a second thought of going out with his barkada
all night. They would drink for long hours, and would go home the next day. He
never felt ashamed that his mother-in-law would open up the door for him, and
see him all giddy and wobbly due to his drinking spree.

13. When at home, Wesley’s back was always stretched on their sofa. He
would not move a muscle even if Angelica was already several months pregnant.
It was always Angelica who would do all their chores, and Wesley would just
waive his hand as if dismissing Angelica’s plea whenever she would ask a helping
hand.

14. During Angelica’s pregnancy, Wesley half-heartedly searched for a job.

One time, he returned home appearing all exhausted. Wesley’s mother happened
to visit that time and when she saw him in that state, she opposed the idea of
Wesley working for somebody else. With that, Wesley stayed home with Angelica
practically idling most of his days until Angelica gave birth to their child.

15. It was Valentine’s Day, February 14, 2013 when Angelica bore a son
whom they named as Nyx Wesleigh P. Garcia (Nyx).

16. Nyx’s addition to the family did not move Wesley to become a better
husband nor a good father. His absence in their family abode became more and
more felt as he spent most of his time drinking with his friends. He also became
bolder in dismissing the idea of working for his family as he would then started to
shout at her whenever she would remind him of his duties as a father.

17. Despite all these unpleasant behavior of Wesley, Angelica still believed
that Wesley was just having a hard time adjusting to their new life. That was why
when their parents prodded them to enter into marriage, they acceded to their
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insistence and held a civil wedding on April 23, 2014. Wesley was then 22 years
old, while Angelica was 20.

18. Their marriage vow proved to be a mere recital of a proforma, since

Wesley never intended to be bound by the obligations of a married man. He went
from worse to worst. His drinking and gambling vices are now coupled with
addiction to illegal drugs, and his hollering was accompanied by kicking and
slapping Angelica whenever he was high on drugs.

19. Angelica never gave up hope to a better life, that was why despite their
situation, she pursued her education and passed the Licensure Examination for
Teachers in 2014. She started to work as a teacher initially in a private school,
then on a public school here in Gapan City.

20. Angelica started to provide for their family while Wesley continued to
waste them out. In one instance, Angelica’s money inside her wallet disappeared.
It turned out that it was Wesley who took it; he went away for days, and returned
only to take in more cash. He withdrew Angelica’s money from her ATM and then
disappeared again for days.

21. As if Wesley’s torturing stunts were not enough, Angelica would often
receive unwanted visitors in their house. Debt collectors would bang on their
doors when she failed to open up on their first knock. They would threaten her
that they will take whatever they can get if Wesley did not settle his debt with
them.

22. One time, Angelica acted as the teacher-in-charge in a camping division

in Gapan. She took her son along with her since Wesley cannot be entrusted to
take care of Nyx. Two days later, when the camping was over, Angelica found out
that that Wesley sold their motorcycle, and pawned all her jewelries. What’s even
worse was that all the proceeds were already squandered on Wesley’s vices.

23. On March 9, 2019, Wesley left their abode without any word. Angelica
felt worried since Wesley was away for several days and he did not answer any of
her text messages or calls. He returned home after some time and declared that
he would live with his parents and leave his wife and child. Angelica begged him
not to leave, but Wesley just ignored her.

24. Fe returned to the Philippines and no one was surprised when she no
longer stayed with Randy in the conjugal abode in Gapan, Nueva Ecija. Randy was
not moved by this, but on the contrary, even liked the set-up since he could
continuously hang-out with his barkadas in beerhouses without a nagging wife to
question him when he crawled back to their house.
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 25. Randy totally abandoned the concept of a married man, as he slept and
impregnated different women. Just to name some women on his list were Florita
Mangulabnan, Dalen, Kathy Pablo and Edith. Edith and Randy are now cohabiting
as husband and wife.

26. The parties herein have been separated-in-fact since 2010, and their
only child is in the custody of Fe.

27. A psychological evaluation and assessment of the personalities and

psychological conditions of both Randy and Fe revealed that Randy is afflicted
with grave, serious and incurable personality disorders that have rendered him
psychologically incapacitated to perform and comply with the essential marital
obligations. She identified the disorder as narcissistic personality disorder which
had afflicted Randy long prior to the celebration of their marriage. Copy of the
Psychological Report dated March 20, 2021 issued by Dr. Pacita P. Tudla is hereto
attached and marked as Exhibit “D”;

28. In light of the foregoing, Randy most respectfully submits that there is
strong and compelling ground to conclude that his marriage to Fe is null and void
at the beginning and may be judicially declared a nullity under Article 36 of the
Family Code of the Philippines.

29. At the trial of this case, Randy will offer his testimony to prove the truth
and veracity of the foregoing allegations; to identify and authenticate the
documentary exhibits attached to her petition and to testify on other matters
relative thereto. His testimony will be corroborated by the following witnesses:

a) Dr. Pacita P. Tudla of San Vicente, Gapan City who will testify on the
contents of the Psychological Report dated March 20, 2021 and the
scientific methodology observed in the conduct of the psychological
evaluation of the parties;

b) Mylene Macayan Ramos of 26B D-Alger St., West Grace Park, Caloocan
City who will corroborate the testimony of Randy in its material points;
narrate her personal observations and experience of the patterns of
behavior exhibited by the parties, particularly the petitioner prior to,
and during the existence of his marriage and cohabitation with Fe;

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 Petition most respectfully requests to be allowed to reserve her right to
call additional witnesses and offer additional exhibits as the need arises
in the course of trial;

30. Upon the conclusion of the presentation of testimonial evidence, the

following exhibits described above will be formally offered in evidence:

Exhibits “A” to “A-3”- the documents establishing the residence of the

petitioner at General Tinio, Nueva Ecija;

Exhibit “B”- Certificate of Marriage of the parties herein to prove the fact of
their marriage;

Exhibit “C”- Certificate of Live Birth of the parties’ child- Princess Elamarie
to prove that the marriage produced a child; and

Exhibit “D”- Psychological Report dated March 20, 2021 to prove that an
expert clinical psychologist conducted an in-depth and thorough evaluation and
assessment of the personalities and psychological conditions of the herein parties,
the result of which revealed that respondent is afflicted with grave, serious and
incurable personality disorders amounting to psychological incapacity in
contemplation of Article 36 of the Family Code.

PRAYER
WHEREFORE, all the foregoing premises considered, petitioner Randy
Simeon Macayan most respectfully prays that after due notice and hearing,
judgment be rendered declaring his marriage to respondent Fe Condedo-
Macayan, celebrated on February 27, 1997 at Gapan City, Nueva Ecija null and
void on the ground of psychological incapacity pursuant to Article 36 of the Family
Code.

FURTHER, petitioner further prays that the Local Civil Registrar of Gapan
City and the Civil Registrar General, Philippine Statistics Authority be ORDERED to
annotate the said judgment on the parties’ Certificate of Marriage thereby
rendering it of no legal force and effect.

FINALLY, the sole custody over the parties’ minor child Franchesca Gayle,
currently exercised solely and exclusively by respondent, be MAINTAINED.

Petitioner prays for other reliefs consistent with justice and equity.

Gapan City, Nueva Ecija; April 12, 2021.

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 BRMB LAW OFFICE
Counsel for the Petitioner
0340 Divina Pastora Subdivision
Barangay Bayanihan, Gapan City

By:
EMMANUEL T. MARCELO
Mobile Phone No. 09668299671
IBP Membership No. 099012; 12/16/19
Nueva Ecija
Roll of Attorney No. 72708
MCLE Compliance: Passed the Bar Exams
on May 2019
PTR No. 8816343 issued on January 5, 2021
at Gapan City, Nueva Ecija

ELIJAH B. BACTOL
Mobile Phone Number 09178005494
IBP Membership No. 157636 2/16/2021
Nueva Ecija
Roll of Attorneys No. 74375
MCLE Compliance: Passed the Bar Exams
on April 2020
PTR No. 6855529 29 January2021
Issued at General Tinio, Nueva Ecija

VERIFICATION AND CERTIFICATION

AGAINST FORUM-SHOPPING

I, Randy Simeon Macayan, Filipino, of legal age, resident of Barangay

Bayanihan, Gapan City, Nueva Ecija, after being sworn to in accordance with law,
hereby depose and state:

1. That I am the petitioner in the above-entitled petition;

2. That I caused the preparation and filing of the petition and I have read
and understood the allegations therein;
3. That I attest that all the allegations are true and correct of my own
personal knowledge and based on authentic documents;

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 4. The petition is not filed to harass, cause unnecessary delay or needlessly
increase the cost of litigation; and
5. The factual allegations therein have evidentiary support or, if specifically
identified, will likewise have evidentiary support after a reasonable
opportunity for discovery;
6. I certify that (a) I have not commenced any action or filed any claim
involving the same issues in any court, tribunal or quasi-judicial agency
and to the best of my knowledge, no such other action or claim is
pending therein; (b) if I should thereafter learn that the same or similar
action or claim has been filed or is pending, I shall report that fact within
five (5) calendar days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my hand this 12 th day of April

2021 at Gapan City, Nueva Ecija.

RANDY SIMEON MACAYAN

Affiant

SUBSCRIBED AND SWORN TO before me this 12th day of April 2021 at

Gapan City, Nueva Ecija after the above-named affiant exhibited to me his
personal identification card.

Doc. No. ________

Page No. ________
Book No. ________
Series of 2021

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