REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

Third Judicial Region
Branch 79, Malolos, Bulacan

OFFICE OF THE EXECUTIVE JUDGE

ROWENA CUDLI SAYSAYAP

Plaintiff, Civil Case No. MC-22-17

vs

For: Annulment of
Marriage Under Article
45 of the Family Code of
CLAYTON MANN INIBA SONIDO
the Philippines
Defendant.
x-------------------------------------------------x

DECISION
SAMAR, O:
Marriage is sacred within two individuals that shall never be broken. But when
one of them, as husband/wife, commit that he/she cannot fulfill their spouse’s rights,
cannot be maintained, keeping the marriage in-tact, in such situation compel the parties
by legal restrictions to continue the marital life may be more harmful for the society.
Non-cohabitation for several years that resulted to the abstinence of the carnal relation
of the wife upon her husband and express impossibility of reconciliation. Hence, the
Court has no other option but to grant an annulment as demanded by the petitioner.

The Case
Before us is a letter-petition, dated January 25, 2022, filed by Rowena C.
Saysayap against her husband, Clayton Mann I. Sonido, a Petition for Annulment of
Marriage due to the psychological problem of the latter.
The Facts
1. Parties got married on March 14, 2009 in Sinait, Ilocos Sur;
2. As time passed by, the respondent started to change, he became materialistic,
he will always go out with friends and get drunk almost regularly;
3. She cannot take it, every time she confronted him it end up to a serious act of
physical abuse;
4. She still tried to understand him, and his manners got better for some months;
5. He will always hit the petitioner even with simple misunderstandings;
6. One time the petitioner found out about him having an affair, she confronted
him, he didn’t like it, and he hit her on the head. That’s when the petitioner
decided to leave;
7. She stayed on their home again, only to got beaten every day, the respondent
became worst he also doesn’t help her financially anymore;
 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
Third Judicial Region
Branch 79, Malolos, Bulacan
8. She decided to leave him when he beat her like a pulp;
9. Years of understanding his demeanors, his irresponsible acts. It takes a great
courage to finally leave a relationship that is no good for you;
10. All she wanted now is to permanently end their connection as it’s already been years
of suffering and he didn’t make any effort on coming after her.

Respondent was served with summons but despite the lapse of time within which to
file his answer, he failed to do so, upon motion, the Court ordered the Office of the City
Prosecutor to conduct an investigation in this case to determine the presence of
collusion between the parties in the filing on this case. Prosecutor Jose S. Garcia filed a
report dated July 09, 2022 finding no collusion existing between the parties in the
filing of this case.
During the Pre-trial on October 25, 2022, petitioner appeared together with her counsel,
Respondent failed to appear despite notice. The State was represented by the Office,
was deputized by the Office of the Solicitor General to appear for and its behalf.
Petitioner presented and marked her evidence (Exhibits A to G). Thereafter, the parties
entered into the following stipulations:
1. They did not acquire any property conjugal in nature;

2. The spouses are now living separately; and

3. The respondent did not file any answer.

Article 68 of the Family Code also provides the essential obligations and responsibilities
of a Spouse, thus:
“The husband and wife are obliged to live together and to
observe mutual love, respect and fidelity and render mutual help
and support.”
Ms. Emily Abinal , a psychologist whose qualification as an expert witness were
admitted by the parties, conducted the necessary clinical interviews and psychological
test on the petitioner the results of which were reduced into writing (Exh. I). from the
results of the psychological test and the clinical interviews, Ms. Abinal found the
respondent to be psychologically incapacitated to discharge his marital roles and
responsibilities.

Ms. Abinal, also administered psychological test on petitioner that revealed that
petitioner is “ a person who has a strong sense of duty and the ability to see what needs to
be done in any situations sensually allows her to overcome her worries, be in marital, she is
dependable and would follow through things he knows are important. She also, is the type
who would try hard in making her family running smoothly, laws and regulations for her
are sued and have to be followed, and this is because she has a strongly dealt internal work of
duty”.

In general Ms. Saysayap’s personality profile is overwhelming with that of a normal

functioning person (Est. 1-8). However Ms. Abinal found a different signs on the
respondent. Consider her psychology and Diagnostic Formulations on the marital
relationship and considering personalities of the respondent.
 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
Third Judicial Region
Branch 79, Malolos, Bulacan

“Ms. Saysayap’s personality profile and marital history does not manifest any
signs of psychological abnormality’s he has the capacity to face realities of
life and deal with difficulties coordinately and constructively. She is bound
to be free of tension and anxieties that could happen to be decision making
ability to be productive. She has the capacity to take on her responsibilities
as a married woman.”

Mr. Sonido, on the other hand, manifests the following clinical symptoms; Has
an inflated sense of self-importance;

Has No Clear Reason as to why he always beat the Petitioner;

Later on tells Dr. Abinal that it is all the Petitioner’s fault (cannot take accountability
with things he do).”

Mr. Sonido’s manifests symptoms are already present even before the time he
contracted marriage which he managed to hide. People with such red flags often have a
severe need for admiration and attention, that he blames others for his own mistakes.”

This finally led Ms. Abinal to submit her evaluation and recommendation,
stating:

“Overall analysis of the data gathered show that Ms. Saysayap is

functional to perform her marital obligations. Mr. Sonido, on the
other hand is found to have a personality disorder which renders him
psychologically incapacitated to perform his obligations in the marital
context. Personality disorder are fixed pattern of behavior which affect
many personal and social institutions. They cause distress or impair
personal functioning. Symptoms are grave, serious and last a long
time.”
 Respondent was given a chance to present his case but despite the notices sent
to him, he failed to appear in Court. He also did not file any answer. Upon motion,
respondent was deemed to have waived the presentation of his evidence. City pros.
Jose Garcia manifested that the State has no controvert evidence to present. Upon
motion, the case was deemed submitted for decision Copy of the Order was furnished
the Office of the Solicitor General which has not filed any Certification as to its stand in
this case in view of Resolution No. A.M. 02-11-11-SC issued by the Supreme Court.

Petitioner seeks the annulment of her marriage with the respondent due to
latter’s psychological incapability under Article 45 of the Family Code of the
Philippines which states:
“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 even if
such incapacity becomes manifest only after its solemnization.”

The Family Code did not enumerate specific cases of the psychological
incapacity as it might limit the application of this provision. Hence, it left to the Court
trying the case to determine the same on a case to case basis. However, in the case of
R.P. vs. C.A. et.al, 268 SCRA 198, the Supreme Court laid down the guidelines for the
interpretation and application of Art.45 of the Family Code and these are.

1. The root cause of the psychological incapacity must be (a) medically or

clinically identified (alleged in the complaint (c) sufficiently proven by
experts and (d) clearly explained in the decision;

2. The incapacity must be proven to be existing “at the time of the celebration
of marriage”;

3. Such incapacity must also be shown to be medically or clinically permanent

or incurable;

4. Such illness must be grave enough to bring about the disability of the party to
assume the essential obligations of marriage;

5 The essential marital obligations must be done embraced by the Article 68

up to 71 of the Family Code as regards the husband and wife as well as
Article 221 and 225 of the same Code in regard to parents and their children
and;

6 The Trial Court must order the Prosecuting Attorney or Fiscal and the
Solicitor General to appear as them for the state
 The Court’s Ruling

In view thereof, the undersigned believes that the continuance of the marital
relationship is impossible due to Mr. Sonido’s psychological incapacity to perform his
marital obligations. It is therefore recommended end that the petition for annulment of
marriage be given, favorable consideration by Honorable Court (par.IV Exh.1-6).

The court agrees with the findings that the respondent is suffering from
Psychological incapacity which duly incapacitated him to discharge his marital role. It
is likewise severe as it caused chaos and distress in the marriage which led to their
separation.

Respondent failed to comply with the provision of Art.68 of the Family Code
which mandates spouses to live together, observe mutual love, respect and fidelity and
to render mutual help and support. The spouses here have not observed and live the
true meaning of love and marriage. They have been living separately for years now and
they now seem like strangers to each other. It is to their best interest that their marital
bond be severed as there is no marriage obtaining in this case. If at all, it is only a sham
marriage which exists only on paper.

WHEREFORE, the petition is granted and the marriage between

petitioner Rowena C. Saysayap and respondent, Clayton Mann I. Sonido
solemnized on March 14, 2009 at Sinait, Ilocos Sur is now ANNULLED.

SO ORDERED:

August 15, 2023 City of Malolos, Bulacan

OLIVIA V. ESCUBIO-SAMAR
Executive Judge

Copy Furnished:

Office of the Clerk of Court II

c/o Atty. Samuel S. Samuela

Council of the petitioner

c/o Atty. Diorela Velasquez

Council of the Respondent

c/o Morada Law Office

Sinait, Ilocos Sur Civil Registrar

c/o Registration Officer II Carmela Sotelo

PSA Office of Civil Registrar General

Claire Dennis S. Mapa
 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
Third Judicial Region
Branch 79, Malolos, Bulacan

OFFICE OF THE EXECUTIVE JUDGE

ROWENA CUDLI SAYSAYAP

Plaintiff, Civil Case No. MC-22-17

vs

For: Annulment of Marriage

Under Article 45 of the
CLAYTON MANN INIBA SONIDO Family Code of the
Defendant. Philippines
x-------------------------------------------------x

CERTIFICATE OF FINALITY

TO WHOM IT MAY CONCERN:

THIS IS TO CERTIFY that the Court DECISION issued by this Honorable Court
in the above-entitled case dated August 15, 2023 has now become final and executory.
Neither motion for reconsideration nor appeal was filed before this Court, fifteen (15)
days after receipt of the herein parties.

This certification is being issued upon the request of the parties concerned for
whatever legal purpose it may serve them best.

SO ORDERED:

September 08, 2023 City of Malolos, Bulacan

OLIVIA V. ESCUBIO-SAMAR
Executive Judge

Prepared by:
Office of the Clerk of Court II
Atty. Samuel S. Samuela
 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
Third Judicial Region
Branch 79, Malolos, Bulacan

ROWENA CUDLI SAYSAYAP

Plaintiff, Civil Case No. MC-22-17
vs
For: Annulment of Marriage
Under Article 45 of the
CLAYTON MANN INIBA SONIDO Family Code of the
Defendant. Philippines
x-------------------------------------------------x

PETITION
COMES NOW petitioner, by the undersigned counsel and unto this Honorable
Court, most respectfully alleges:
01. Petitioner is of legal age, Filipino citizen and a resident of Namnama, Sinait,
Ilocos Sur while respondent is likewise of legal age, Filipino citizen and a
resident of Cabugao, Ilocos Sur ,later left for Malolos Bulacan, wherein he was
residing for 6 mos. now, where he may be served with summons, orders and
other legal processes of this Honorable Court;
02. Petitioner and respondent are husband and wife, having been legally married on
March 14, 2009 at Sinait, Ilocos Sur. A copy of their marriage certificate is
hereto attached as Annex “A”;
03. At first ,He was a kind type of guy, the type you would like to get to know with;
04. His changes became intolerable and it became a constant reason for arguments
that leads to hurting the petitioner physically and emotionally;
05. To date, they have gone separate ways and there is no hope for reconciliation.
06. Petitioner, convinced of the futility of her efforts, decided that she deserves to
start life anew with feelings of hope for a brighter future since there is obviously
no hope that respondent can cope up with his obligations as husband;
07. Petitioner engaged a clinical psychologist who conducted a psychological
evaluation on the ability of respondent to cope up with the essential obligations
of marriage. After evaluation, respondent was found to be psychologically
incapacitated to perform the essential marital obligations of marriage born from
his lack of maturity, which affected his sense of rational judgment and
responsibility. These traits reveal him psychological incapacity under Art. 45 of
the New Family Code of the Philippines and is more appropriately labeled “Anti-
Social and Narcissistic personality disorder ;
08. Petitioner is filing this petition to declare her marriage annulled. Respondent
showed no concern for his obligation towards her in violation of Art. 68 of the
New Family Code which provides that husband and wife are obliged to live
together, observe mutual love, respect and fidelity and render mutual help and
support. Petitioner is also filing this case under Art. 45 of the same Code as the
respondent manifested apparent personality disorder and psychological
dysfunction, i.e. his lack of effective sense of rational judgment and
responsibility, otherwise peculiar to infants, by being psychologically immature
and failing to perform his responsibilities as husband;
09. That said psychological defect or illness is grave, serious and incurable and
existed prior to the marriage and became manifest during its existence;
10. That petitioner and respondent have not acquired any real properties in the
course of their marriage.
 PRAYER

WHEREFORE, premises considered, it is most respectfully prayed that the marriage of

the petitioner with the respondent be declared annulled. It is likewise prayed that if and when
parties are able to enter into an extrajudicial settlement as to custody and joint parenting, the
same be adopted by this Court and in the absence thereof, a fair and just settlement of their
rights and obligations as parents be adjudicated by this Honorable Court. We pray for such
other reliefs, just and equitable under the premises.

City of Malolos, Bulacan, January 25, 2022

Atty. Diorela Velasquez

Counsel for Petitioner
City of Malolos, Bulacan
IBP No. 764814
PTR No. 5448574
Roll No. 74472
MCLE Compliance II – 0009328
 VERIFICATION

I, Rowena S. Sonido, of legal age, under oath, states:

• That I am the petitioner in this case and that I have caused the preparation of
the same petition;

• That I attest to the truth of all the allegations in the same petition of my own
personal knowledge;

• In compliance to the Supreme Court circular against forum shopping,

I hereby certify that: a) I have not commenced any other action or proceeding involving
the same issues before the Supreme Court, or Court of Appeals, or any other tribunal or
agency; b) to the best of my knowledge, no such action or proceedings is pending in the
Supreme Court, Court of Appeals or any other tribunal or agency; c) If I should learned that
similar action or proceeding has been filed or is pending before such tribunals or bodies, I shall
report that fact within five (5) days therefrom to the court of agency where the original
pleading and sworn certification have been filed.

ROWENA S. SONIDO
Affiant

SUBSCRIBED and SWORN to before me this day of , affiant

exhibited to me her dated issued in .

Atty. Diorela Velasquez

Counsel for Petitioner
City of Malolos, Bulacan
IBP No. 764814
PTR No. 5448574
Roll No. 74472
MCLE Compliance II – 0009328

Doc. No.
Page No.
Book No.
Series of 2022.
 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
Third Judicial Region
Branch 79, Malolos, Bulacan

OFFICE OF THE EXECUTIVE JUDGE

ROWENA CUDLI SAYSAYAP

Plaintiff, Civil Case No. MC-22-17

vs

For: Annulment of
Marriage Under Article
45 of the Family Code of
CLAYTON MANN INIBA SONIDO
the Philippines
Defendant.
x-------------------------------------------------x

ORDER

THIS IS TO CERTIFY THAT ON August 15, 2023 an order/decision, rendered in

the above-entitled case was filed on January 07, 2022 in this office, the dispositive part
of which reads as follows:

“WHEREFORE, Finding merit to the Petitioner for Annulment of Marriage in Sinait,

Ilocos Sur ORDERED to make the necessary entries bearing the Petitioner’s Petition.

THEREFORE, Sending the entries of the ORDER/DECISION to Civil Registrar of Sinait,

Ilocos Sur and the Office of the Civil Registrar General.

That the decision was rendered in favor of the Petitioner on September 08, 2023 before
the court and within fifteen (15) days of no opposition, or no party made an appeal to
the decision, is now held FINAL and EXECUTORY disposition.

SO ORDERED:
September 14, 2023 City of Malolos, Bulacan

OLIVIA V. ESCUBIO-SAMAR
Executive Judge
Prepared by:
Office of the Clerk of Court II
Atty. Samuel S. Samuela
 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
Third Judicial Region
Branch 79, Malolos, Bulacan
OFFICE OF THE CLERK OF COURT

ROWENA CUDLI SAYSAYAP

Plaintiff, Civil Case No. MC-22-17

vs

For: Annulment of
Marriage Under Article
45 of the Family Code of
CLAYTON MANN INIBA SONIDO
the Philippines
Defendant.
x-------------------------------------------------x

CERTIFICATE OF AUTHENTICITY

TO WHOM IT MAY CONCERN;

THIS IS TO CERTIFY that the attached Court DECISION issued by Executive

Judge Olivia V. Escubio-Samar of this Court is authentic per examination and
verification of the undersigned. As such, said Court Order is now duly registered in the
Register of Court Order/Decision pursuant to Memorandum Circular 2012-02.

This certification is issued for purposes of immediate processing in the marginal

annotations of the spouse’s certificate of marriage.

SO ORDERED:

September 14, 2023 City of Malolos, Bulacan

ATTY. SAMUEL S. SAMUELA

Clerk of Court II
 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
Third Judicial Region
Branch 79, Malolos, Bulacan

OFFICE OF THE EXECUTIVE JUDGE

ROWENA CUDLI SAYSAYAP

Plaintiff, Civil Case No. MC-22-17

vs
For: Annulment of
Marriage Under Article 45
of the Family Code of the
Philippines
CLAYTON MANN INIBA SONIDO
Defendant.
x-------------------------------------------------x

DECREE OF ANNULMENT
This cause, which has been regularly docketed, matured and set for hearing as
to the Petitioner, came on this day upon proof of proper and legal service of process
upon the Respondent, upon the one tonus testimony of witness on behalf of the
Petitioner, regularly taken after proper and legal notice and filed in accordance with
law.

ACCORDINGLY, the petition is GRANTED and the marriage of Rowena C.

Saysayap and Clayton Mann I. Sonido on March 14, 2009 in Sinait, Ilocos Sur is declared
Annulled under Article 45 of the Family Code.

No other relief granted.

Considering that as of August 15, 2023 aforesaid decision was never

reconsidered set aside or modified and that no appeal has been interposed said has
been FINAL and EXECUTED.

Considering that as of August 20, 2023 the Sinait Ilocos Sur Civil Registrar
administered the said Decision and will now process the registration in Civil Registrar
General, properly annotations of the spouse’s marriage certificate and advisory on
marries.

SO ORDERED:
October 14, 2023 City of Malolos, Bulacan.

OLIVIA V. ESCUBIO-SAMAR
Executive Judge
Prepared by:
Office of the Clerk of Court II
Atty. Samuel S. Samuela
 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
Third Judicial Region
Branch 79, Malolos, Bulacan

OFFICE OF THE CLERK OF COURT

ROWENA CUDLI SAYSAYAP

Plaintiff, Civil Case No. MC-22-17

vs

For: Annulment of Marriage

Under Article 45 of the
Family Code of the
CLAYTON MANN INIBA SONIDO
Philippines
Defendant.
x-------------------------------------------------x

CERTIFICATE OF ENTRY
AND REGISTRATION

TO WHOM IT MAY CONCERN;

THIS IS TO CERTIFY that a Court Decision on the petition of Rowena C. Saysayap

rendered by Hon. Olivia V. Escubio-Samar, presiding judge of this Court has been duly
registered under Civil Case Number MC-22-17 dated August 15, 2023 has been duly
registered under registry number 2024-16 in the registry book of the Court.

This certification is issued upon personal request of the parties’ for whatever purpose
it may serve them best.

January 04, 2024, City of Malolos, Bulacan.

ATTY. SAMUEL S. SAMUELA

Clerk of Court II
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
Third Judicial Region
Branch 79, Malolos, Bulacan