Republic of the Philippines

Eighth Judicial Region

REGIONAL TRIAL COURT
City of Baybay, Leyte
Branch 14

DALLA M. MARTINEZ
Petitioner,

-versus – Case no.______________

For: Declaration of
ROY C. MARTINEZ, Nullity of Marriage under
Respondent. Article 36 of the Family Code
x---------------------------------x

PETITION
(For Declaration of Nullity of Marriage)

Petitioner, by counsel, respectfully states:

The Parties

1. The petitioner is of legal age, married, and a resident of Brgy.

Candadam, Baybay, City, Leyte. She may be served with pleadings,
processes and documents of this Honorable Court.

2. The respondent is of legal age, married, and has a last known

address at A. Mabini St. Baybay City, Leyte, where he may be served
with summons, pleadings, processes and documents of this
Honorable Court.

Allegations of Complete Facts

3. The petitioner and respondent were married on April 14,

1992 at Municipal Trial Court , Baybay , Leyte .

A copy of the Marriage Contract dated April 14, 1992 obtained

from the Philippine Statistics Authority is attached hereto as Annex
“A”. Its contents are incorporated in and made a part of this pleading
by reference.

4. They had three children out of their union namely Raezyl

Anne, Early Wynne, Zhyrille Andrei.

A copy of their birth certificates obtained from the Philippine

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Statistics Authority are attached hereto as Annexes “B” “C” “D”
respectively .Its contents are incorporated in and made a part of this
pleading by reference.

Property Relations

5 .The marriage is governed by the absolute community of

property regime. The petitioner and the respondent had no
prenuptial agreement.

Marital History

6. Petitioner and respondent were good friends before they

became couple, petitioner used to call the respondent “kuya” , the
relationship went beyond friendship because they were too close to
each other especially during those times when the petitioner was
mending her broken heart.

7. Their closeness brought the two of them into mutual feelings

that they became sweethearts, but this was initiated by the
respondent , he expressed his love to the petitioner . Respondent lied
to the petitioner that he already had a girlfriend , petitioner was
made to believe that respondent was free and not into relationship.

8. After some few weeks, the girlfriend of the respondent

surfaced and confronted the petitioner why did she not respect their
relationship, that became a big quarrel not only between the
respondent’s girlfriend and the petitioner but also between the
petitioner and the respondent.

9 . The Petitioner was already attached to the respondent at that

time knowing that she had already given herself to him.

10. Petitioner can recall that when respondent made his first
sexual intimacy with her, it was not motivated by love but by
jealousy, the- herein respondent who was the petitioner’s boyfriend
at that time forced her to make love with him, because he was
extremely jealous with a certain man who was eyeing the petitioner,
he then grabbed her and forced to have sex with him, he wanted to
be assured that petitioner was not having a sexual affair with
another man.

11.Petitioner described their first sexual contact as harsh,

devoid of passion and care , totally not an expression of love.
Eventually their sexual intimacy resulted to early pregnancy, and
ultimately to early marriage.

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 12.The primary reason why petitioner agreed to marry the
respondent because she was pregnant at a young age as young as 18
years old and 4 months at that time.

13. After their wedding petitioner noticed that her husband

never ever made love with her passionately. In most cases he was
harsh as usual .That has been a pattern, that every time when
respondent would get jealous he would immediately demand the
petitioner to make love with him.

14. On several occasions petitioner caught her husband – the

respondent having sexy messages with another woman, sexting ,
chatting with another woman.

15. Many times did the petitioner reminded the respondent of

his obligation to the family as a father and as a husband but many
times respondent fails.

16. Petitioner will always describe her husband as a man who

easily gets attracted to women and oftentimes jumps into elicit affairs
. In worst case he even succumb to having an affair with the a friend
who was very close to both of them ( petitioner and respondent ).

17. On 2010 petitioner left for Taiwan due to tight financial

conditions, hoping to find a better economic opportunities there , to
her dismay and contrary to her hope petitioner met adversities in
Taiwan, she was not able to get a good employer and that she had to
hide, for almost nine years until she was able to avail of the amnesty .

18. However ,in those years - almost nine years petitioner did
not lose contact with her husband and children. She worked very
hard so she can earn and send money to the Philippines for her
husband and children.

19. Petitioner felt bad that she heard rumors that her husband
was again having an extra marital affairs while she was working
abroad, to make matter worst respondent’s girlfriend got pregnant .

20. It was sad to note that when respondent’s girlfriend gave

birth to their child he used the petitioner’s money for hospital
expenses and other expenses .

21. Every time the children would ask money from the
respondent , respondent will just say “ wala mag padala inyong
mama ug kwarta”. He did it intentionally to destroy the image of the

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petitioner to the children and would appear that he was all alone
providing the expenses.

Psychological Incapacity

22.The petitioner then consulted a psychologist, Anna Kathrina

Oaminal -Watin, who conducted a series of tests and interviews with
the petitioner.

22.1. Anna Kathrina Oamil- Watin administered the

following tests for the Petitioner

A copy of the Psychological Report dated __________ is

attached as Annex “____”. Its contents are incorporated in, and
made a part of, this pleading by reference.

Prayer

WHEREFORE, Petitioner respectfully prays that the Honorable

Court render judgment:

a.) DECLARING the marriage between the parties null and

void ab initio on the ground of psychological incapacity on the part of
respondent; and,

b.) ORDERING the implementation of the legal consequences

of the declaration of nullity of the parties' marriage

Other just and equitable reliefs are likewise prayed for.

Baybay City, Leyte ________ 2019.

TEVES LAW OFFICE

SAN MAURO STREET
BAYBAY CITY , LEYTE
Telephone Number:
Mobile Number: 09266113175

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 Email: lmteves@yahoo.com
By:

ATTY. LUCILLE M. TEVES

Roll of Attorneys No. 66995
IBP No. 45424569;January 8,2019 Cebu Chapter
PTR No. 3148217; April 4,2019; Baybay City, Leyte
MCLE Compliance No. VI – 001084 July 23, 2018