Republic of the Philippines

REGIONAL TRIAL COURT

5th Judicial Region
Legazpi City

IN RE: PETITION FOR DECLARATION

OF PRESUMPTIVE DEATH OF KOKO
MARTINING FOR PURPOSES OF
REMARRIAGE UNDER ARTICLE 41
OF THE FAMILY CODE

Special Proceeding Case No. 2021-10-22

JULLIA MONTENESS
Petitioner

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

PETITION
COMES NOW, the petitioner through the ATTORNEY, unto
the Honorable Court, most respectfully alleges: THAT,

1). The petitioner is of legal age, married, Filipino citizen

and residing at 30-17 Mapina St., Sagpon, Legazpi City,
Albay, Philippines for twenty (33) years already and
whereat she can be served with notice and other processes
of this Honorable Court;

2). Petitioner married KOKO MARTINING on December 12,

1989 at St. Gregory Cathedral, Old Albay, Legazpi City;
during such marriage, a son was born to them on June 23,
1995;

Attached are copies of Certificate of Marriage and Certificate of

Live Birth, marked as Annexes “A” and “B” respectively.

3). After their marriage, they established their conjugal

home at Sagpon, Legazpi City;

4). During the cohabitation, KOKO MARTINING was

employed as Seaman owned by ESMER CARGO
SHIPPING, a cargo ship with the office address located at
Port A, Masbate City;

5). On December 8, 2010, KOKO MARTINING was

boarded on MV EMMANUEL bound to Batangas City
together with the other eighteen (18) other crew members
and the ship Captain;

6). At around 10:00 in the evening same day, Mr. Emman

Esmer, owner of the Esmer Cargo Shipping Corp. informed
petitioner about the ill-fated incident of the ship where they
lost communication after 8 hours of voyage;

7). A search and rescue operations were conducted by the

Philippine Coast Guard, Philippine Navy, Philippine Air
Force together with the other ships of the Esmer Cargo
Shipping Corporation;

8). After one week of continues search and rescue

operations, the rescue teams decided to suspend the
search due to typhoon Maring that brought heavy torrential
rains and destructive waves and subsequently terminated
the operations, all efforts prove futile;

9). Petitioner and her family then made a nine-day prayer

to pay tribute for the death of KOKO MARTINING in their
conjugal dwelling;

10). On December 6, 2011, petitioner and their 6-month-

old child moved to Ligao City, Albay as the loss was too
much for her to bear;

11). She was also needed for family’s support at that time;
however, she was hoping to hear news of her husband and
was in constant communication with her in-laws in Pilar,
Sorsogon;

12). Petitioner exerted efforts to find respondent including

the posting in public places of a bulletin and publication of
the same bulletin in a local newspaper Tagkaro News
Legazpi in Legazpi City inviting the public to give any
information if happen to know the whereabouts of KOKO
MARTINING, however, despite diligent efforts exerted to
locate said respondent, none of these is availing;

13). Years passed and nothing was heard of her husband,

it is now petitioner’s strong well-founded belief and honest
feeling that her husband did not survived the ill-fated MV
EMMANUEL;

14). It is more than TEN (10) years to date since the

disappearance of the petitioner’s husband under extra-
ordinary circumstances; Hence, this instant petition for
 purposes of subsequent marriage pursuant to Art 41 of the
Family Code ;

15). Petitioner is now intending to enter into a subsequent

marriage if her petition would approved by the Honorable
Court.

WHEREFORE, premises considered, it is most

respectfully prayed of this Honorable Court that, after due notice
and hearing, to grant the instant petition, by declaring KOKO
MARTINING PRESUMPTIVELY DEAD and declaring the vinculum
matrimony between him and the petitioner to be legally severed,
thereby enabling her to remarry.

Petitioner further prays for such other orders and reliefs

just and equitable under the foregoing premises.

Legazpi City, Philippines, October 2, 2021.

Atty John Ponce Inrili

Counsel for the Petitioner
2F Roses Blg, Legazpi City
IBP Lifetime Member (OR No.
1234)
MCLECompliance No.1234
PTR No. 0524455
Roll No. 54535

VERIFICATION/CERTIFICATION

Republic of the Philippines )

City of Legazpi )Ss.

X........................x

I, JULLIA MONTENESS, of legal age, married and residing at 30-

17 Mapina St., Sagpon, Legazpi City, after having been sworn in
accordance with law, hereby depose and state:

That I am the petitioner in the above entitled case, have caused the
preparation of the foregoing pleading, have read all the allegations therein
and found the same to be true and correct of my own personal knowledge,
information and other authentic documents on hand.

That I have not commenced any other action or proceeding involving

the same issues in any other court, tribunal or quasi-judicial agency; and to
the best of my knowledge, no such action is pending therein.

That if I should thereafter learn that a similar action or proceeding has

been filed or is pending before any other court, tribunal or quasi-judicial
agency, I shall notify the Court within Five (5) days.
 IN WITNESS WHEREOF, I hereunto set my hand this 5th day of
October, 2021 at Legazpi Ctiy, Albay, Philippines.

JULLIA MONTENESS
Affiant
Driver’s License No. E02-123-321
December 12,2024
Legazpi City

SUBSCRIBED AND SWORN to before me this 5th Day of October

2021 at Legazpi City, Philippines, Affiant exhibiting to me her Driver’s
License hereinabove indicated.

BOGOY DRILON
Notary Public

COPY FURNISHED:

THE LOCAL CIVIL REGISTRAR OF LEGAZPI CITY

Old Albay, Legazpi City

THE OFFICE OF SOLICITOR –GENERAL

134 Amorsolo St., Legaspi Village, Makati City
Mailed on: Jan 05, 2015 at ZC Postal Office with RR# 123457

ATTY. EDGAR DIPAPATALO

Office of the City Prosecutor
Rawiz, Legazpi City