Republic of the Philippines

REGIONAL TRIAL COURT

Branch ________
Iloilo City

HERNANDITO J. VILLAMOR, CIVIL CASE NO. _______

Plaintiff,
FOR:
~versus~
DECLARATION OF
ABSOLUTE NULLITY
OF MARRIAGE

MILAGROS E. ERECRE,
PHILIPPINE STATISTICS
OFFICE, Region 6 and
LOCAL CIVIL REGISTAR,
Iloilo City
Defendants.
x--------------------------------------x

COMPLAINT

PLAINTIFF, by counsel, to this Honorable Court, most

respectfully states:

I. PARTIES

1. Plaintiff Hernandito J. Villamor, is of legal age, married

and resident of Brgy. Cuartero, Jaro, Iloilo City, Philippines;

1.2 Defendant Milagros R. Erecre is of legal age, married

and a resident of Barangay Cabanbanan, Oton, Iloilo
Philippines where she may be served with summons and other
court processes in relation to this case;

1.3 Defendant Philippine Statistic Authority (PSA

formerly NSO) is the government office/agency in-charged in
the filing and custody of record of marriages which office may
be served with summons and other court processes through
Regional Director with office address of Villanueva Building,
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Iznart Street, Iloilo City, Philippines. Said office is herein
impleaded as formal party without asking any damage by
reason of this case;

1.4 Defendant Local Civil Registrar of Iloilo City is the

office in-charged in the recording, filing and custody of record
of marriages which office may be served with summons and
other court processes through the Local Civil Registrar with
office address at City Hall, Iloilo City, Philippines. Said office is
herein impleaded as formal party without asking any damage
by reason of this case;

II. FACTS OF THE CASE

2.1 Sometime in 1988, plaintiff got acquainted with

defendant in one of their meetings somewhere at Jaro plaza,
Iloilo City, Philippines;

2.2 The next day, because of sexual passion, plaintiff and

defendant had a one-time carnal knowledge of each other and
thereafter have never met each other anymore;

2.3 About a month later or on June 5, 1988, plaintiff was

surprised to be approached and confronted by defendant’s
mother accompanied by two (2) males and the defendant
herself at his workplace at Amigo Terrace Hotel, Iloilo City.
Defendant’s mother then told plaintiff to marry her daughter
or else something very bad will happen to him that will surely
cost his life;

2.4 Due to fear, plaintiff acceded to their demand to

marry their daughter who was still a minor at that time
because of that incident that transpired between them;

2.5 Because of uncontrollable fear, considering the very

serious threats of the parents of the defendant, plaintiff agreed
to the solemnization of the marriage which took place
immediately the day after or on June 6, 1988 in Iloilo City,
Philippines before the then Hon. Judge Gaudioso Zerrudo as
evidenced by a document denominated as “Marriage Contract”
between the plaintiff and the defendant dated June 6, 1988

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under Reg. No. 88-1482 (Copy of the document denominated as
“Marriage Contract” is hereto attached as Annex “A”);

2.6 When plaintiff signed the said document (Annex

“A”), he was under duress. Defendant, who was still a minor
at that time, was similarly situated;

2.7 While it was made to appear in the said document

denominated as “Marriage Contract” that the age of the
defendant was 25 years old at that time of the celebration of
said marriage, she was actually a minor, 17 years of age, born
on July 21, 1970 as evidenced by her Certificate of Live Birth
(Copy of her Certificate of Live Birth is hereto attached as
Annex “B”);

2.8 Prior to the said marriage ceremony on June 6, 1988,

there was no marriage license ever issued either to plaintiff,
defendant or both;

2.9 While there was no marriage license issued prior to

their marriage on June 6, 1988 it was made to appear in the
document denominated as “Marriage Contract” that such was
solemnized and performed under exceptional character as
defined under Article 76 of the New Civil Code of the
Philippines (NCC) wherein it was alleged by the parents that
both of them (plaintiff and defendant), prior to June 6, 1988
have already lived together or cohabited with each other for a
period of at least five (5) years prior to the said celebration of
marriage on June 6, 1988 when, in fact, plaintiff and
defendant had never cohabited as husband and wife even for a
single day except for that incident which took place between
them when they had a one-night-stand having carnal
knowledge of each other;

2.10 That it is also ridiculous to say that defendant and

plaintiff have lived together as husband and wife for a period
of not less than five (5) years prior to their marriage on June 6,
1988 when the date of birth of defendant Milagros R. Erecre
was on July 21, 1970. In short, at that time of their alleged
marriage on June 6, 1988 she was only seventeen (17) years
old which if we are to believe that they were living together and
husband and wife, it would appear that such living together
have started when the defendant was only twelve (12) years
old which under normal circumstances is unbelievable if not
impossible;
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 2.11 Even assuming that indeed plaintiff and defendant
have lived together as husband and wife under one roof at
least five years before they got married on June 6, 1988, they
would have been living together when the defendant was only
twelve (12) years old and under such circumstances it is not
the cohabitation as husband and wife contemplated by Article
76 of the New Civil Code to exempt them from securing a
marriage license because while they lived together as husband
and wife for a period of five (5) years, defendant was a minor
who was not qualified to contract a valid marriage;

2.12 After such marriage of June 6, 1988, plaintiff did

not meet defendant anymore nor have they met even for once
since that time they had a one-time sexual intercourse except
on June 5 and 6, 1988. Never had the two cohabited with each
other nor any relationship existed between them and they
have not consummated their marriage which was solemnized
on June 6, 1988. They had no child. No property was likewise
acquired by them;

2.13 Considering the foregoing, plaintiff never thought

that their marriage was valid or that it was recorded. Plaintiff
believed all the while that it was only for the purpose of
covering-up the shame and public ridicule that was in the
mind of the parents of the defendant and such the signing of a
piece of document denominated as “Marriage Contract” was a
mere formal act to show that they got married even though
they did not at all consented to such marriage;

2.14 That years have passed when finally plaintiff met

another woman by the name of Amalia P. Montaña whom he
deeply fell in love with and got married with said Amalia on
December 21, 1991 before Rev. Fr., Norberto G. Tacadao,
Parish Priest of Jelicuon, Cabatuan, Iloilo (Marriage contract
between plaintiff Hernandito and his wife Amalia P. Montaña is
hereto attached as Annex “C”) . It is worthy to note that such
marriage contract bears the Marriage License No. 9544078
issued by Cabatuan, Iloilo. Because of such marriage by the
plaintiff to his wife Amalia P. Montaño, they begot children
namely Michael Francis, Jenalyn, Paul Christian all surnamed
Villamor who were born in 1992, 1996 and 1999, respectively
(Copies of their Certificates of Live Birth are hereto attached as
Annexes “D”, “E” and “F”);

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 2.15 Sometime in third week of October 2017, when
plaintiff was trying to accomplish all his requirements for
retirement as member of the Philippine National Police, one of
the requirements is for him to present a certificate of no
marriage issued by the Philippine Statistic Authority, he was
surprised to learn sometime in December 2017 that such
marriage between him and defendant Milagros R. Erecre was
recorded in the Office of the Civil Registrar General together
with his marriage with his wife Amalia P. Montaña which was
celebrated on December 21, 1991 (Machine copy of the
Certificate of No Marriage issued by the Office of the Civil
Registrar General is hereto attached as Annex “G”);

2.16 Plaintiff wanted to straighten-out his records to the

effect that his only marriage was that celebrated in Cabatuan,
Iloilo with his wife and mother of his children, Amalia Prion
Montaña which marriage contract is under Reg. No. 92-15 and
that his marriage on June 6, 1988 with defendant Milagros R.
Erecre in Iloilo City was void ab initio, does not exist, invalid
and without any force and effect not having complied with the
essential requisites of a valid marriage.

WHEREFORE, it is most respectfully prayed of this

Honorable Court that the marriage between plaintiff
Hernandito Jarder Villamor and defendant Milagros Resbo
Erecre celebrated on June 6, 1988 in Iloilo City be declared
null and void ab initio for not having complied with the
essential requisites of marriage. As a consequence thereof, it is
also prayed that a marriage contract between plaintiff
Hernandito J. Villamor and Milagros R. Erecre dated June 6,
1988 which appears to have been solemnized by the Hon.
Judge Gaudioso Zerrudo in Iloilo City and registered under
Reg. No. 88-1482 be cancelled.

It is likewise prayed that the marriage between plaintiff

Hernandito J. Villamor and Amalia P. Montaña be confirmed
to be valid for all legal intents and purposes binding and
effective and the marriage contract executed by the parties
dated December 21, 1991 before Rev. Fr. Norberto Tacadao,
Parsish Priest of Jelicuon, Cabatuan, Iloilo registered under
Reg. No. 92-15 be confirmed in so far as its validity is
concerned;

Likewise, it is also prayed that the children of the plaintiff

and his wife Amalia P. Montaña who are Michael Francis,
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Jenalyn and Paul Christian all surnamed Villamor who were
born on November 7, 1992, April 17, 1996 and March 14,
1999, respectively, be declared as legitimate children of the
plaintiff Hernandito J. Villamor and Amalia P. Montaño;

Other reliefs just and equitable under the premises are

likewise prayed for.

Iloilo City, Philippines. January 22, 2018.

CARTAGENA & ASSOCIATES

Counsel for Plaintiffs
Jamerlan Building, Iznart Street, Iloilo City
Tel. No. (033) 335-10-69

By:

DANIEL V. CARTAGENA
PTR No. 5811709/01-04-18/Iloilo City
IBP No. 1058483/01-03-17/ Iloilo City
Roll No. 37503
MCLE Compliance No. V 0011379-10/26/2015