Petition for Declaration of Nullity of Marriage
Declaration of Nullity of Marriage Petition...
REPUBLIC OF THE PHILIPPINES REGIONAL TRIALCOURT 8TH JUDICIAL REGION Branch ___ Laoang, Northern Samar EVA AIDA BALANDAY-MERCADO, Petitioner, -versus-
Civil Case No.___ FOR: DECLARATION OF NULLITY OF MARRIAGE
CESARIO DR. MERCADO, Respondent. x----------------------------------------x PETITION Petitioner, by counsel, unto this Honorable Court most respectfully states that: 1. Petitioner is Filipino, of legal age and married to respondent and a resident of Brgy. Poblacion, Pambujan, Northern Samar, Philippines, where she may be served with summons and other pertinent orders and processes of this Honorable Court. 2. Respondent is a Filipino citizen, of legal age, and married to petitioner. He may be served with summons and other pertinent orders and processes of this Honorable Court at Poblacion, Pambujan, Northern Samar 3. Petitioner and respondent were married on September 27, 1994 and out of this marriage, they have five (5) children, namely: Zeinab; Cesar Ivan; Chiara Joseline; Charisse; and Czarina Beatriz, all surnamed Mercado. A copy of the Certificate of Marriage is hereto attached as Annex “A”; a copy of the Certificates of Live Birth of their children are attached hereto as ANNEX “B,” “C,” “D.” “E,” and “F,” and made an integral part hereof. 4. The marriage of Petitioner with Respondent was a failure. Even before the celebration of their marriage, Respondent had
manifested eccentricity and irresponsibility that he would not care the feelings of the Petitioner. In the hope of helping the Respondent to correct his misbehavior, Petitioner acceded to Respondent’s offer of marriage. 5. At the time of the celebration of their marriage, Respondent was suffering from psychological incapacity and he was truly not cognitive of his marital obligations of marriage. The facts and circumstances being thata. Respondent portrayed and acted as if he is not a married man. For several occasions after their marriage in 2004 until the birth of their child in January 11, 2005, he left the petitioner from January 5, 2005 to December 2005, leaving the Petitioner alone and the newly born baby, he would return loosely explaining that he came from a tour or vacation with his male friends; Worst, he carted himself (P20, 000.00), the salary of the Petitioner, in going to manila and returning to Biri, Northern Samar; b. Again, from the last week of December 2005, he left the Petitioner and his child together with his alleged male friends in Manila. And when the Respondent returned sometime in March 2006 he chose to live with his grandparent in Biri, Northern Samar; c. He was domineering that he threatens the Petitioner whenever she complain for his misgivings. He is also selfish that he would not care the needs of the Petitioner and their child; d. He never gave moral support and respect to the Petitioner’s endeavor; and he failed and continue to fail in providing financial support to the petitioner and to their minor child since they were married; e. Respondent had an unhappy childhood that brought about his personality disorder. 6. Petitioner and respondent are currently separated in fact and have been so since December 2005. The reason for the continuing separation in fact is the breakdown of the marriage due to respondent’s psychological incapacity to fulfill and discharge his
marital obligations, which existed at the time of the marriage but manifested itself well into the marriage. 7. The psychological incapacity of the respondent to remain married is characterized by gravity, juridical antecedence, and incurability; prior to this resort, petitioner had attempted formal and informal counseling sessions, all of which were unproductive due to respondent’s resistant and, at times, even hostile to these efforts. 8. Such incapacity of the Respondent is so grave and serious that he is truly incognitive of and unable to fully assume and comply with her marital obligations under Article 68, 69, 70 and 71 of the Family Code of the Philippines and the attendant duties of a married person as well. 9. That PRAYER WHEREFORE, it is most respectfully prayed that judgment be rendered declaring the nullity of the marriage of Petitioner with the Respondent pursuant to Article 36, and the annulment of the same marriage based on Article 45 (5) of the Family Code of the Philippines. Other reliefs and equitable under the premises are also prated for. November 26, 2012, Catarman, Northern Samar.
ATTY. RACHED P. RONDINA Counsel for the Petitioner Corner Quezom and BonifacionSts., Catarman, Northern Samar Roll No. 60320 IBP No 893946/3-19-12/ N. Samar PTR No. 2162937/5-10-12/ N. Samar MCLE Exempt (New Lawyer)
VERIFICATION WITH CERTIFICATION OF NON-FORUM SHOPPING
I, EDITHA SERRONA- MARTIRES, of legal age, Filipino and residing at Biri, Northern Samar, under oath hereby depose and state that: 1. 2. 3. 4.
I am the Petitioner in the above-entitled case; I caused the preparation of the foregoing petition; I have read the same and know its contents; The allegations therein are true and correct of my personal knowledge or based on authentic records; 5. I have not commenced any action or filed any claim involving the same issues before any court, tribunal or quasi-judicial agency, that to the best of his knowledge, there is no other pending action or claim; and 6. If I should learn that a similar action or proceeding has been filed or is pending before any court or tribunal, I shall notify this Honorable Court within five (5) days from such notice.
EDITHA SERRONA- MARTIRES Affiant SUBSCRIBED AND SWORN to before me this 26th day of November 2012 in the Municipality of Catarman, Province of Northern Samar, Philippines, by the affiant who showed to me her identification card sufficient to establish her identity required under the New Rules on Notarial Practice of 2004.
Doc. No. ___; Page No. ___; Book No.___; Series of 2012.
ATTY. RACHED P. RONDINA Notary Public until Dec. 2013 PTR No. 2162937/ 5-10-12 Catarman, Northern Samar