REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

THIRD JUDICIAL REGION
BRANCH 8
LIPA CITY

WINDLE A. PEREZ
Plaintiff,
Civil Case No. 189999 FOR:
DECLARATION OF NULLITY
OF MARRIAGE
Versus

JESSA A. PEREZ
Defendant.

X---------------------------------------X

COMPLAINT

PLAINTIFF, by counsel, unto this Honorable Court, most respectfully alleges:

1. The plaintiff is of legal age,Filipino, married to defendant, and a resident of

111Barangay Siete, Lipa City, while defendant is likewise of legal age, Filipino,
married to the plaintiff and with last known address at 222 Barangay Ocho,
Lipa City. Plaintiff may be served with summons and other processes of this
Honorable Court through his counsel of record, while defendant at her last
known address;

2. The plaintiff and defendant were legally untied in marriage on on May 29, 2012
at San Sebastian Cathedral in Lipa City. Copy of the Marriage Contract is
hereto attached as Annex “A”;

3. That the marital union was blessed with a child, named Jane A. Perez, who
was born on December 23, 2012. Copy of her Birth Certificate is hereto
attached as Annex “B”;

4. That the relationship between plaintiff and defendant while at the start was
normal, was subsequently seriously marred with irreconcilable differences,
incompatibility and serious quarrels brought about by defendant’s immaturity
and incapacity to perform her marital obligation to the plaintiff;

5. That the plaintiff and defendant first met sometime in June 5, 2009, while they
were both working at Mataasnakahoy Senior High School as public teachers;

6. That thereafter, the plaintiff and defendant always fight because of defendant’s
unreasonable jealousy and defendant always utters vindictive words and
sometimes result to physical abuse;
7. The plaintiff endured all of these because of his love for the defendant until the
time she got pregnant with their child;

8. That although plaintiff was having second thoughts of marrying defendant

because of her actuations, plaintiff eventually married the defendant hoping
that the defendant will change her ways aside from the fact that he was
thinking of the unborn child. They got married on May 29, 2012;

9. That after the birth of their child,the plaintiff decided to work abroad so as to
give their family specially his child a better life. Copy of his VISA and passport
is hereto attached as Annex “C”;

10. That while plaintiff was working abroad, he regularly sent remittances for the
support and sustenance of his family and he even got a loan to be used for
buying a house and lot for his family, But to his dismay, when he went home
for a vacation, he found out that the defendant has a loan of almost
500,000.00 and even the money plaintiff loaned for buying a house and lot
was squandered and was paid for dafendant’s loan. Worst, plaintiff did not see
any new furniture, appliances or gadget bought by defendant for their child.
Copy of the Remittance receipts are hereto attached as Annex “D”;

11. That when plaintiff returned abroad to work thereat and because of his
desire to provide for his family a house and lot, he again sent money to
defendant for the payment of a house and lot in Mataasnakahoy, Batangas,
but again, defendant did not pay the down payment for the said house and lot
and squandered anew the money sent by the plaintiff;

12. The defendant also squandered the money alloted for the tuition fees of
their child, the reason while their child lost interest in her studies and stopped
studying;

13. That because of this, plaintiff decide to leave defedant sometime in

January 22, 2019 but he continued to supprt his family even during the time
the plaintiff lost his job abroad;

14. That whem plaintiff went home again for a vacation sometime in July 26,
2020, he took his daughter from the defendant and his daughter willingly went
with the plaintiff as his daughter was having difficulties with her relationship
with her mother;

15. The defendant even had the temerity to report the plaintiff to the DSWD
but when plaintiff narrated the situation to the DSWD, the latter gave the
custody of the children to thhe plaintiff but when the plaintiff went back abroad
to work again thereat, defendant took the child with her. Copy of DSWD
Report is hereto attached as Annex “E”;

16. That the acts of the defendant are actuations of a disturb personality that
affects her marital life eith the plaintiff rendering her incapacitated to perform
 even the essential obligations for marraige such as love, mutual trust and
respect;

17. That the above has caused the plaintiff trauma and a feeling of
uselessness. His life with defendant was characterized by fear and always
mindful that defendant indeed does not consider herself obligated to him as a
wife and as a mother to their child;

18. That the parties did not acquire any common property during
cohabitation;

19. That the defendant’s actuation taken as a whole, manifest inability to

perform essential marital obligations which inability is determined to be
psychological in origin;

20. That the incapacity of the defendant is so grave and appears to be

incurable and a clear manifestation that could be clinically identifiable which
put to serious doubt the validity of their marriage;

WHEREFORE, premises considered, it is most respectfuly prayed that

the marriage between the plaintiff and defendant solemnized on May 29, 2012,
be declared null and void ab inition in accordance with Article 36 of the Family
Code.

Lipa City, October 16, 2020.

ALLISON DENISSE A. LESCANO

Counsel for the Plaintiff
PTR No. 18909595:1-04-07:B.C.
IBP No, 693095:1-04-07:B.C.
Roll No. 42481:5-10-97: Manila
Rm. 4 2/F Lipa Boating Center
180 Barangay 2, Lipa City

VERIFICATION AND CERTIFICATION OF NONFORUM SHOPPING

Republic of the Philippines)

Lipa City ) S.S.

I, WINDLE A. PEREZ, of legal age, after having been duly sworn in

accordance with law, depose and state that:
1. I am a plaintiff in the above-stated case;
2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are true and correct
of my personal knowledge and/or on the basis of copies of documents and records
in my possession;
4. I have not commenced any other action or proceeding involving the same issues
in the Supreme Court, the Court of Appeals, or any other tribunal or agency;
5. To the best of my knowledge and belief, no such action or proceeding is pending
in the Supreme Court, the Court of Appeals, or any other tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or any other tribunal or
agency, I undertake to report that fact within five (5) days therefrom to this
Honorable Court.
16th
IN WITNESS WHEREOF, I have affixed my signature this day of October,
2020, Lipa City, Philippines.

WINDLE A. PEREZ

SUBSCRIBED AND SWORN to before me this 16th day of October, 2020 at

Lipa City, affiant exhibiting to me his Community Tax Certificate No.LM0821 issued
onOctober 1, 2020 at Lipa City.

ALLISON DENISSE A. LESCANO

Counsel for the Plaintiff
PTR No. 18909595:1-04-07:B.C.
IBP No, 693095:1-04-07:B.C.
Roll No. 42481:5-10-97: Manila
Rm. 4 2/F Lipa Boating Center
180 Barangay 2, Lipa City

Doc. No. ; 4

Page No. ; 3

Book No. ; V

Series of 2020
ANNEX A
ANNEX B
ANNEX C
ANNEX D
ANNEX E