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Republic of the Philippines

REGIONAL TRIAL COURT


Branch 04
Second Judicial Region
Tuguegarao City, Cagayan

April Capalungan,
Petitioner,
Civil Case No. 1234
-versus-
For: Annulment of
Marriage
June Capalungan,
Respondent.

x-------------------------------------x

PETITION

COMES NOW petitioner, unto this Honorable Court and thru


counsel, respectfully alleges that:
1. Petitioner is of legal age, Filipino citizen and a resident of 48
F Bassig St., Ugac Sur, Tuguegarao City, Cagayan where he
may be served with summons, orders and other legal
processes of this Honorable Court;
2. Respondent is of legal age, Filipino citizen and a resident of
A- Cubacub St., Natapian, Solana, Cagayan where he may be
served with summons, orders and other legal processes of
this Honorable Court;
3. April and June first met each other on October 11, 1999
while working as call center agents handling NETSPEND
Accounts in Southerland Global Services located at
Exportbank Plaza, dela Rosa Street corner Chino Roces
Aveue Makati;
4. They started living together on July 26, 2000 in an apartment
rented by June at Cityland Condominium, Makati City;
5. On September 25, 2000, April discovered that she was
already two months pregnant.
6. On October 30, 2000, they exchanged vows in the Office of
the City Mayor of Tuguegarao. A copy of their marriage
certificate is hereto attached as Annex A;
7. On April 20, 2001, April gave birth to May Capalungan. A
copy of her Certificate of Live Birth is hereto attached as
Annex B.
8. April stayed in her parents house during the time of her
maternity leave and eventually have the baby stayed when
she went back to manila to work;
9. On January 2003, June and April finally decided to come back
and they rented a studio type apartment in Brgy. Balzain,
Tuguegarao City;
10. Sometime on August 2010, when June asked Aprils
help to look for the documents kept inside the formers filing
cabinet, she accidentally read a letter personally written by
June addressed to one Lovelynards Bengson. The said letter
is hereto attached as Annex C.
11. The letter stated among other things Junes affection
towards Lovelynards;
12. On November 15, 2010, April personally purchased a CCTV
camera and had it installed in their room to monitor their
daughter and Bebsie De Asis, Mays nanny;
13. On one weekend, she viewed the CCTV footage to inspect
whether it was working properly. She was shocked when she
discovered that her husband had sexual intercourse with
someone in their apartment;
14. The discovery prompted April to investigate further. She
interviewed friends and found out that June, even before
they were married, already have another sexual orientation.
He had previous relations with men;
15. That said homosexuality existed prior to the marriage,
however, it was concealed by the respondent.
16. That through the actuations and words of the respondent,
petitioner was made to believe that she was marrying a
straight guy.
17. That had the petitioner known of the homosexuality of her
husband at the time of the celebration of their marriage, she
would not have married him.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed


that the marriage of the parties be annulled in accordance with
Article 45 (3) and Article 46 (4) of the Family Code.

Petitioner also prays for other reliefs as may be


deemed just and equitable in the premises.

Atty. LUKE ANGELO AGUILA


Counsel for the Petitioner
Bonifacio St. Centro,
Tuguegarao City
IBP No. 764814 dtd. 01-07-09
Tuguegarao City
PTR No. 5448574 /01/14/09/
Roll No. 33476
MCLE Compliance II 0009328
Dtd. March 27, 2008

VERIFICATION

I, AUBREY MILYA- LAIER, of legal age, under oath, states:


1. That I am the petitioner in this case and that I have caused the
preparation of the same petition;
2. That I attest to the truth of all the allegations in the same petition
of my own personal knowledge;
3. 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.

CRISTA DENAI-LAIER
Affiant

SUBSCRIBED and SWORN to before me this _____ day of


December 15, 2012 affiant exhibited to me his ______________
dated ________________ issued in _________________.

Doc. No. ________


Page No. ________
Book No. _______
Series of 2012.