REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

National Capital Judicial Region
Regional Trial Court
Branch 2, Quezon City

JUANA DELA CRUZ,

Petitioner

-versus- CIVIL CASE NO. 2023-14344

For: DECLARATION OF ABSOLUTE

NULLITY OF MARRIAGE

TOROGS MONSANTO,
Respondent
x-------------------------------------x

PETITION

COMES NOW, Petitioner through the undersigned counsel and to this

Honorable Court, most respectfully states and alleges THAT:

1. Petitioner, Juana Dela Cruz, is of legal age, Filipino, married and

presently residing at __________________;

2. Respondent, Torogs Monsanto, likewise of legal age, Filipino, married

and is last known by the petitioner (or presently residing) to be
residing at _______________________,

3. Petitioner, in 12 March 2005 was 25 years old when she met the
Respondent in Cubao, Quezon City. She was doing her usual
shopping for school supplies in preparation for the upcoming summer
class in May that year. Respondent introduced himself as he
approached the Petitioner. A quick chat and excahnge of number
transpired, and in no time, found the parties as textmates and friends.
 4. Petitioner at the time was employed as a school teacher and at the
same time a student in a master’s degree class in Trinity College of
Quezon City where she is set to graduate in the summer of 2006.
Respondent, then 45 years of age, is a college dropout, and
employed as an office clerk at a printing house in Quezon City.

5. After their meeting in Cubao, Respondent became a regular textmate

and visitor of Petitioner, often bringing her presents whenever he gets
a chance. They likewise went on dinners and movie dates, usually
during weekends when Petitioner’s school schedule permits. Their
friendship didn’t take long to blossom into romance, thus making
them steady girlfriend and boyfriend.

6. In time, the couple decided to get married. The marriage which

transpired on January 25, 2006, was celebrated in the Parish of St.
Peter in Quezon City and was attended by their close relatives and
friends. Both were very happy, especially Petitioner, for her dreaming
of finding her one true love happened when she least expects it –
their chance encounter, courtship, Respondent’s sweetness and
caring gestures towards her – made their story comparable only with
those found in fairy tale books.1

7. As dreamed, their life as a married couple was a breeze. Both

enjoyed each other’s company. Like most newly-weds, life for them
revolved with each other, they were each other’s world. They were
later on gifted with kids, a boy and a girl. Jason was born in March
2007, while Jana in June 2008.

8. Howeve, things change as time went by. Respondent started coming

home late from work, and when there, was irritable. He preferred the
company of friends than his family, as he often came home
intoxicated. He also demanded Petitioner to serve hime food and
drinks, even when his friends were with him drinking. That was the
scenario from 2009 to 2015. On several occassions, Petitioner would
be struck for her refusal to serve him whenever he’s drunk. Their
children were likewise not spared of such behavior. There were times

1
Copy of the Marriage Certificate herein attached as Annex “A”
 when the kids, especially the boy, will be beaten badly for reasons
too hard to conceive justifying such violent behavior.

9. Petitioner decided to pursue the present case when she saw

Respondent with another woman in a restaurant while she was out to
get their usual provisions. When confronted later, the Respondent
denied the accussation and instead proceeded to harass and beat
the Petitioner. The children were not spared of such traumatic sight,
seeing their mother senselessly beaten by their father.2 The incident
was reported to the barangay the following day.3

10. Petitioner is currently employed at the BPI main office in Makati

City but now as aHRDS Manager. On the other hand, Respondent
remained as a carpenter from his old employer.

11. Their love affair commenced when______________

12. They the decided to get married ________________

(Copy of Marriage Cert)

13. The first stages of their life were sweet_______ etc

14. As time passed, it turned sour when____________

15. Their marriage, though shtrlived produced 3 children

____________

(Copy of BC of them)
16. During their marriage (say their story, what happened, cold,
distant, chicks, etc.)

17. Then (either left the other or decided to leave, etc), found out
that he xxxx with other girls xxxx

18. Story how the affair or other things as cause started

19. Sleepless nights etc bec of this

2
Copy of the Medical Certificate herein attached as Annex “B”.
3
Copy of the blotter in the barangay is herein attached as Annex “C”
 20. Moved on with life, (tell their stories with paramour etc)

(BC of illeg children; affid of ack of pat)

21. Tell of non support, educ, food,loans to pay etc. blah

PRAYER

WHEREFORE, it is respectfully prayed that a judgement be rendered

by the Hon Court declaring as null and void ab initio the marriage of
petitioner and respondent by reason of Psychological Incapacity for failure
to perform the essential marital obligations of the marraiage.

Liekwise, it is prayed that the court both parties their respective share
of the ACP and for the Respondent to provide support to the petitioner and
their children.

Other releifs just and equitable are likewise prayed for.

August 11, 2023

Batangas City, Batangas.

IN WITNESS WHEREOF, I have hereunto set my hand and seal this

_____ day of August 2023, Batnagas City, Batangas.

JUANA DELA CRUZ

Affiant

SUBSCRIBED and sworn to before me in the City of Batangas this

____ day of ___________ 2023.

FERNANDEZ AND FERNANDEZ (FF) LAW FIRM

Counsel for Petitioner
1234 ABAKADA Guro Bldg. Cubao, QC