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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


NATIONAL CAPITAL JUDICIAL REGION
Branch 36, Quezon City

Raymart Cruz,
Petitioner,
-versus-

CIVIL CASE NO. 55963


For: Declaration of Absolute
Nullity of Marriage under
Article 36 of the Family
Code

Claudine Barreto-Cruz
Respondent.
x----------------------------x
PETITION
COMES NOW the Petitioner, by the undersigned attorney and unto
this Honorable Court, respectfully avers that:
1. Petitioner is of legal age, married to herein respondent Claudine
Barreto-Cruz and currently residing at No. 64 Maligaya St. Brgy.
Katipunan Quezon City.
2. Respondent is likewise of legal age, married to petitioner Raymart
Cruz and presently residing at No. 334 Navy Road, Veterans Village,
Brgy. Holy Spirit, Quezon City, where she may be served with
summons and other court processes.
3. Petitioner and respondent are husband and wife, having been legally
married on February 14, 2006 at Sto. Nino Parish Shrine in Bago
Bantay Quezon City, a copy of their marriage contract is hereto
attached as Annex A;
4. A child was born in wedlock, Joshua Barreto Cruz, aged seven years
old, attached hereto as Annex B, his Certificate of Live Birth ;

5. In retrospect, petitioner and respondent met at San Sebastian CollegeRecoletos Review Center sometime in 2005 where they reviewed for
the 2006 Bar Examinations. Respondent back then was madly in love
with petitioner. She chased after him and courted him. Their dates
were even upon respondents initiative.
6. Respondent seduced petitioner through her repetitious importunings
about her misfortunes, childhood experiences, relationship with
parents and her vast wealth. Petitioner being a good friend just
patiently listened and later on developed affection to her. They
became a couple on February 14, 2006.
7. As boyfriend-girlfriend, respondent was a jealous girlfriend and
would always find reason to instigate an argument with him. To avoid
further hostilities between them and for them to focus on their
preparation for the Bar Examinations, petitioner gave in to everything
she wanted. Respondent despite the assurances of petitioner regarding
his love and devotion to her continued stalking on him; checking his
mobile phone or calling for his whereabouts.
8. Respondent told petitioner that she wanted a child with him but
petitioner would always reasoned that they were not yet ready as he
could not afford her lifestyle and bringing up a child would make it
worst. Respondent utilized a combination of charming wiles and
temper tantrums to persuade petitioner to marry her. They got
married on February 14, 2006 at Quezon City.
9. Respondent gave birth to their first child and named him Joshua on
January 1, 2007. Respondent became an utterly different person after
she gave birth to their son Joshua.
10.On March 2007, the results of the 2006 Bar Examinations were out
and petitioner was fortunate to be one of the successful candidates to
pass the bar. Respondent on the other hand failed the said
examination.
11.Petitioner took his oath, signed into the Roll of Attorneys and started
his practice. He is now currently working at Segundo-Narvaes Law
Firm in Makati City.
12. Petitioner worked hard in order to support their family. But
respondent herein would always complain that his earning is
insufficient. Petitioner and respondent lived together harmoniously
for years because petitioner patiently bears with all of respondents

whims taking into great consideration the best interest of their child
Joshua.
13. As Joshua was about to turn 8, their relationship worsened.
Respondent would always pick a fight even on petty things and
exhibited odd and extremely violent behaviors. Respondent would
always go out and went home drunk every night. She was sometimes
into drugs. Petitioner would try to stop her but respondent would
never listen and would become irrationally impossible to deal with.
14. Petitioners work was gravely affected because of the irresponsible,
immature and unnatural actuations of the respondent. Petitioner was
forced to skip his work, cancel an important meeting or even miss a
trial because he had to attend to their son whenever respondent would
become violent and would throw her tantrums on him.
15. Respondent resorted to more serious threats such as killing herself,
killing Joshua, burning their house if petitioner should decide to leave
the conjugal dwelling.
16. Respondent actually attacked petitioner with knives and told him that
she would one day slash his throat or cut off his penis.
17. After that violent confrontation between them, petitioner was
traumatized and left their conjugal dwelling to avoid another serious
fight. He has been suffering tremendous stress and sleepless nights
because of respondent that gravely affected his health as well as his
promising career.
18.Respondent showed up into petitioners office after he left their house
the next morning, angry and made a scene, humiliating petitoner. She
threw his books and shouted foul and degrading words in front of his
colleagues. She even accused him of being gay because she believed
that he and his secretary were having an affair.
19.Respondent concealed to petitioner the fact that prior their marriage,
she had been seeing Dr. Edmund Jose Rimando for medications
regarding her mental health. Dr. Edmund Jose Rimando, a world
renowned psychologist, who previously examined respondent to be
suffering from severe Narcissistic and Anti-Personality Disorder

and Depression. In his evaluation, respondent was found to be


psychologically incapacitated to perform the essential marital
obligations of marriage borne from her lack of maturity which
affected her sense of rational judgment and responsibility. These traits
revealed her psychological incapacity under Article 36 of the New
Family Code. The curriculum vitae and complete psychological report
of Dr. Rimando were attached herein as Annexed C and C-1.
20. To this date, petitioner and respondent were living separately and
there is no hope of reconciliation.
21.Petitioner is filing this petition to declare his marriage a nullity.
Respondent showed no concern for her obligation towards her family
in violation of Art. 68 of the New Family Code which provides that
husband and wife are obliged to live together, observe mutual love,
respect and fidelity and render mutual help and support. Petitioner is
also filing this case under Art. 36 of the same Code as the respondent
manifested apparent personality disorder and psychological
dysfunction, i.e her lack of effective sense of rational judgment and
responsibility, otherwise peculiar to infants, by being psychologically
immature and failing to perform her responsibilities as wife.
22. Said psychological defect or illness is grave, serious and incurable
and existed prior to the marriage and became manifest during its
existence.
23.Petitioner and respondent have not acquired any real properties in the
course of their marriage.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed
that this Honorable Court would render judgment that:
1. The marriage of the petitioner with the respondent be declared a
nullity;
2. The physical custody and care of their son Joshua Cruz be awarded to
petitioner; and

3. Such other reliefs, just and equitable under the premises.


Quezon City. January 13, 2014.

ATTY. ROSALIE FLORES


Counsel for Petitioner
Address: 384H Adela St. San
Miguel, Manila
Roll No. 214829
IBP No. 66547, issued on
November 2013
PTR No. 55987, issued on
November 2013

VERIFICATION AND CERTIFICATION AGAINST


FORUM SHOPPING

I, RAYMART CRUZ, of legal age and residing at No. 64 Maligaya


St. Brgy. Katipunan Quezon City, after having duly sworn, depose and say
that:

1. I am the petitioner in the above-entitles petition;

2. I have caused the preparation of said petition;

3. I have read the allegations therein contained and that the same are
true and correct of my personal knowledge or based on authentic
records;

4. I have not therefore commenced any action or filed any claim


involving the same issues in any court, tribunal, or quasi-judicial
agency, and to the best of my knowledge, no such other action or

claim is pending therein; and if I should thereafter learn that the


same or similar action or claim has been filed or is pending, I shall
report the fact within five (5) days therefrom to the court wherein
the aforesaid complaint or initiatory pleading has been filed.

Witness my hand this 13th day of January, 2014 at Quezon City,


Philippines.

(sgd.) Raymart Cruz


Affiant

SUBSCRIBED AND SWORN to before me this 13th day of January,


2014, at Quezon City, Philippines affiant appearing before me with his
Drivers License No. N25-0123456 issued by the Land Transportation
Office on July 5, 2012, and presenting to me the attached Petition with
Verification and Certification against Forum Shopping, affiant being
personally known to me as he is an acquaintance from College, and who
signed said document in my presence and sworn as to the same that he
understood the contents thereof and that the same was his free and voluntary
act and deed.

NOTARY PUBLIC
Commission until
Dec. 31, 2014

Doc. No. 3
Page No. 5
Book No. 2
Series of 2014