Facts:

Respondent Toledo Bengzon filed a Petition for Annulment of Marriage against petitioner Diana
Barcelona in RTC Br 87 of Quezon City. Subsequently, Toledo filed a Motion to Withdraw Petition which
the trial court granted the dismissal without prejudice to the filing of a new one. Thereafter, Toledo filed
a Petition for Annulment of Marriage against Diana based on Article 36 of the Family Code.

According to petition “when the family had crisis due to several miscarriages suffered by [Diana] and the
sickness of a child, Diana withdrew to herself and eventually refused speak to her husband” and when
Diana was 5 months pregnant with her 5 th child, she asked her husband to leave the conjugal dwelling
against his will “on the pretext of re-evaluating her feelings” for her husband and the marriage. This
separation lead to complete estrangement between the couple.

Diana filed a Motion to Dismiss the second petition on two grounds. First, the second petition fails to
state a cause of action. Second, it violates SC Circular No. 09-94 on forum shopping.

On the first issues, Diana argues that the second petition falls short