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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


BRANCH ____
Cabarroguis, Quirino.

Princess Gawongna Estrada,


Petitioner,

-versus- Civil Case No. 1896-08


For: Declaration of Nullity
of Marriage under Art. 36
of Family Code
Jojo Amoy Estrada,
Respondent,
x- - - - - - - - - - - - - - - - - - - - - - - - - x

PETITION

COMES NOW petitioner, through the undersigned counsel and to this Honorable Court,
respectfully alleges:
1. That petitioner Princess Pilove Gawongna Estrada is of legal age, married, Filipino and resident of
Purok 5. Diego, Silang, Diffun, Quirino;
2. That respondent Jojo A. Estrada is likewise of legal age, married, Filipino and presently residing at
Purok 5. Diego, Silang, Diffun, Quirino;
3. That petitioner and respondent celebrated their marriage on May 12, 2012 before the Pentecostal
Holiness Church, Diffun, Quirino, certified true copy of their Marriage Certificate is attached and made
integral part hereof as Annex “A”;
4. That petitioner and respondent have one child. They have no written agreement executed before
the marriage to govern their property relations nor have any community property acquired during
their marriage. They have no debts;
5. That petitioner met the respondent sometime in 2008 in Santiago City. Their romance culminated
in a marriage before the priest of Pentecostal Holiness Church;
6. That in a short span of time they had been together, this is the time which the petitioner describes
as a period where the respondent’s instability, psychological or otherwise, showed up;
7. That other instances, wherein such instability could be reasonably inferred are as follows:
a. After their marriage, the respondent gave up his job at Honda Company & Manager without
justifiable reason;
b. That petitioner tried to explain to him that it was his responsibility to support her but
respondent would ignore and shout at her, making the petitioner the breadwinner of the family;
c. That the respondent is a compulsive gambler;
d. He is a womanizer;
e. He resorts to drug and alcohol abuse during their cohabitation;
f. That the respondent does not want to have a child with the petitioner because according to him it
will just cause burden for him;
g. That parties would fight even for the smallest things through not due to the fault of the
petitioner, and frequently, the respondent would always apologize to the petitioner, but later on, he
will repeat his quarrelsome and troublesome ways;
h. He prefers to hang out with friends and with her flings instead of being with petitioner;
8. That during their honeymoon period, things were running smoothly between them, but not on
the succeeding week, when the respondent’s instability started to manifest clearly to the petitioner.
Their relationship lasted sometime in 2018;
9. That some other manifestations of the psychological and emotional disturbances on the part of
the respondent can be cited as follows:
a. That there were many times when the respondent never even kissed the petitioner.
Respondent would not even look at her whenever they spoke with each other. She was always the
one, who holds or hugs him so that they may become closer to each other but every time she tries to
be closer to him, he simply had to always turn his back to her. This is causing so much unbearable
emotional and psychological pain on the part of the petitioner;
b. That petitioner told the respondent that they should discuss what went wrong between
them and hopefully they could work it out again. The petitioner verbalized all of the things she had
noticed and felt, knowing that everything works out when there is an open communication. She told
him about the lack of passion, respect and romance in their relationship. The respondent just ignored
her pleas;
c. That respondent began hurting the petitioner physically by throwing things on her and
shoving her around;
d. That respondent did not stop gambling and using alcohol and drugs;
e. The respondent abandoned the petitioner and left to be with another woman. Since May 2018,
the respondent did not return nor tried to communicate with the petitioner. The petitioner on several
instances, tried to reach the respondent through his relatives and friends but to no avail.
10. That the petitioner already gave up on the respondent after trying to give all her efforts just to
save her marriage to a man who, as shown in the foregoing, is not cognitive to and psychologically
incapable of performing, his basic marital covenants to herein petitioner;
11. That further, respondent’s psychological incapacity from all indications appears to have been
manifesting at the time of the celebration of marriage. Although said manifestations were not then
perceived, the root cause shall be proved to such an extent that respondent could not have known the
obligations he was to fulfill or knowing them could not have validly performed them. It is of such
incapacity that respondent was unable to assume his marital obligations;
12. That the respondent’s incapacity to fulfill his essential marital obligations appear to be grave,
incurable and deeply ingrained, thus; warranting the issuance of the Decree of Nullity of petitioner’s
marriage with the respondent;
13. That finally, the petitioner has therefore no other recourse but to seek judicial relief. The
prospects or possibility of respondent to reform and assume his essential marital obligations is a
remote possibility, if not a hopeless expectancy.

PRAYER
WHEREFORE, after trial, it is respectfully prayed that this Honorable Court rendered judgment:
1. Declaring the marriage entered into by the parties as NULL and VOID on the ground of
psychological incapacity of the respondent;
2. Ordering the Local Civil Registrar and the National Statistics Office to cancel in their
respective Books of Marriages, the marriage between the petitioner and the respondent.
Petitioner prays for such other relief she may be entitled to in the premises.
Diffun, Quirino Philippines, August 24, 2020.

VERAZA, GAWONGNA AND ASSOCIATE LAW


OFFICES

By:
______________
Atty. Dilan O. Veraza
Commission Serial No.
Until
Roll of Attorney
IBP. No.
P.T.R. No.
Roll No.

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