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Republic of the Philippines


Branch 25
Bulanao, Tabuk City, Kalinga

Civil Case No. 800







THE PETITIONER, thru the undersigned counsel, most respectfully alleges the

1. The petitioner is of legal age, Filipino, and a resident of Hilltop, Purok 5, Brgy.
Malapit, Tabuk City, Kalinga, Philippines.

2. The respondent is likewise of legal age and Filipino. His last known address is at the
Luquing residence at Brgy. Malayo, Tabuk City, Kalinga, Philippines. The respondent
may also be served with summons at his workplace at the PNP Tabuk City Sub-
station, located at Brgy. Malapit, Tabuk City, Kalinga, Philippines.

3. The petitioner met the respondent sometime in the year 1992. The petitioner just
graduated from High School when she met the respondent.
4. After their initial meeting, the respondent started courting the petitioner. They later
became sweethearts. However, their relationship was on and off due to the
respondents behavior.

5. During their courtship, the petitioner observed that the respondent was very
immature and unreasonably jealous. The respondent is also unfaithful. The petitioner
would often learn that the respondent has other girlfriends, aside from her. The
respondent is also a chain smoker, which the petitioner disliked a lot.

6. They were still sweethearts when petitioner graduated from college. She then felt
moral pressure from her relatives and that of the respondent for them to get
married. They eventually yielded to the moral pressure and agreed to marry each

7. The petitioner and the respondent were married on April 8, 1996 at Brgy. Malapit,
Tabuk City, Kalinga. A copy of the Certificate of Marriage is attached to this petition
as Annex A.

8. The petitioner and respondent had three children. Their first child, Uno, was born on
November 13, 1996. Their second child, Dosh, was born on February 17, 1998. Their
third child, Tress, was born on November 23, 2000. Copies of the Certificate of Live
Birth of their children are attached to this Petition as Annexes B, C, and D,

9. After their marriage, the petitioner was employed in a government agency, the
Cordillera Executive Board, and afterwards the Local Government Unit of Tabuk,
Kalinga. It was the petitioner and her parents who gave financial support to the
respondent while he was reviewing for the Criminology Board and, afterwards, the
Civil Service Examination.

10. The respondent was eventually admitted to the Philippine National Police. When the
respondent was assigned at Masyadong Malayo, Kalinga, the petitioner received
information that the respondent was having extra-marital affairs in his place of
assignment. The petitioner decided to ignore the information relayed to her.
11. However, the petitioner later learned that the information is true when she
eventually met the respondents girlfriend, a certain Hawkgirl. When Hawkgirl
learned that the respondent is already married, she decided to leave him. The
petitioner decided to forgive the respondent for the sake of their children.

12. Afterwards, the petitioner and the respondent started having problems with finances.
They needed to raise money for the respondents kidney operation, which forced
them to obtain loans and to sell a land, which is supposed to be petitioners

13. The petitioner decided to work abroad to solve their financial problems. She first
worked in Singapore and later in Greece, in the year 2004. The petitioner sends her
income to the respondent in the Philippines for the needs of their family and for the
payment of their loans. However, the petitioner learned that most of their loans
remained unpaid. She confronted the respondent about it but the respondent got
angry and quarreled with her, instead of explaining what happened with the money
she sent. The petitioner learned that the respondent frequently gambles and lives a
lavish lifestyle. She also learned that the respondent always buys expensive things
for himself.

14. In the year 2008, the petitioner was diagnosed with breast cancer. For some
months, she was unable to send her income to the respondent since she needed
money for her medication. Instead of sympathizing with her, the respondent
quarreled with her for not sending money and told her that they better separate and
end their marriage. The petitioner pleaded with him not to leave her; she wanted to
preserve their marriage for the sake of their children.

15. However, in May 2009, while the petitioner was at Greece, her son, Uno, informed
her that the respondent has another woman, a certain HARLEY QUINN. The
petitioner learned that the respondent left their home and is already living with his
other woman. The petitioner also learned that the respondent has a child with his
other woman.
16. In the year 2011, while the petitioner was at Greece, the respondent told the
petitioner that he wants to get back with her and live again as one family. The
petitioner was very happy thinking that their family will be complete again.

17. The respondent went back to their conjugal dwelling. Afterwards the respondent was
able to convince the petitioner to give him P150,000.00; the amount is supposedly to
be used as capital for a business. Later, the petitioner inquired what happened with
the business but the respondent quarreled with her, instead of explaining what
happened with the money. The respondent told her that they better separate since
she does not trust him with his financial decisions. Again, the respondent left their
conjugal dwelling and resumed living with his mistress.

18. When the petitioner returned to the Philippines in the year 2011, she confronted the
respondent and demanded that he return the P150,000.00 she sent him. The
respondent refused. Instead of returning it, he quarreled with her and even
threatened her by pointing a gun at her.

19. The petitioner no longer feels any love and respect for the respondent. During their
marriage, the respondent is still unreasonably jealous and immature. The respondent
does not respect the petitioner her parents, and her siblings. He is also very selfish;
he puts his self-interest ahead of everyone, even that of their children.

20. The petitioner is convinced that there is no more reason to maintain his marriage
with the respondent since it exists only in name. the respondent has not performed
his marital obligations to give mutual love, support, fidelity and respect to the
petitioner as his wife.

21. Also, the respondent has not performed his obligations and responsibilities as father
to their children. Instead of taking care of their children while the petitioner is
working abroad, the respondent abandoned their children and chose to live with his
other woman.

22. At present, it is the petitioner who has custody of their three children. Whenever she
is working abroad, it is her parents who have custody of the children. The
respondent does not give financial support to their children despite repeated
demands, he unjustly refuses to give financial support to their children. It is solely
the petitioner who provides financial support to their children. The petitioner spends
the amount of P27,000.00 per month for the food, clothing, education, health, and
other expenses of their children.

23. The respondent is psychologically incapacitated of performing and complying with his
essential marital obligations. The respondents state of psychological incapacity was
present prior and even during the time of the marriage ceremony. Also, his
psychological incapacity is permanent and incurable.

WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court

to order the following:

1. Declaring the marriage between the petitioner and the respondent as void
ab initio due to the respondents psychological incapacity to perform his
essential marital obligations;
2. Granting the custody of their children to the petitioner; and
3. Ordering the respondent to give support to their three children, in the
amount of P13,500.00 every month.

The petitioner also prays for the other equitable measures of relief.

Respectfully submitted this ___ day of _____________, 2014.


Counsel for the Petitioner
Mars, Purok 7, Brgy. Justice, Lucena City, Quezon
Roll No. 55555
IBP Receipt No. 11111, issued on December 26, 2013 at Lucena City, Quezon
PTR No. 22222, issued on January 3, 2014 at Lucena City, Quezon
MCLE Compliance No. V-0033333, issued on July 22, 2013
Mobile No.: 09060066990 e-mail: