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MARIE VITO-CRUZ,
Petitioner,
DEXTER C. CRUZ,
Respondent.
x-----------------------------------x
COMES NOW, the petitioner through undersigned counsel, unto this Honorable
Court most respectfully states:
1. That a petition for Nullity of Marriage was filed in this court on January 18, 2016;
2. That on February 5, 2016, summons has been duly served to the respondent
through substituted service, attached as Annex “A” is the copy of the Sheriff’s
Return of Summons;
3. That the 15-day period within which the respondent is supposed to file her answer
lapsed on February 20, 2016. That until now, April 18, 2016 no answer was filed
by the respondent and therefore an order for investigation of collusion is proper;
4. That pursuant to Sec 3(e), Rule 9 of the 1997 Rules of Civil Procedure and in
relation to Art. 48 of the Family Code and Sec. 8 and 9, Rule on Declaration on
Absolute Nullity of Void Marriage, the state will conduct its investigation whether
or not a collusion of the parties exists and to intervene in behalf of the state in order
to see that evidence is not fabricated or suppressed.
5. That petitioner submits himself for an investigation for possible collusion and
moves that an Order be issued directing the Office of Solicitor General through the
City Prosecutor to conduct an investigation for possible collusion of parties.
6. Likewise, petitioner moves that this case be set for pre-trial upon receipt of the
report of the public prosecutor that no collusion exists between the parties.
By:
Notice of Hearing
The Clerk of Court
OSG, City Prosecutor
Please submit this motion for the consideration of the Honorable Court without need for
further hearing in view of the above circumstances.