Escolar Documentos
Profissional Documentos
Cultura Documentos
WILSON SANTOS,
Respondent.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
VERIFIED PETITION
PETITIONER, MARIA M. SANTOS, through the undersigned
counsel, unto this Honorable Court, most respectfully avers that:
THE PARTIES
1.
Petitioner MARIA M. SANTOS (hereinafter referred to as
Petitioner) is 47 years of age, married on paper to Respondent but no
longer living together as shall be explained below, Filipino and a resident of
Lot 1, Block 51, San Dionisio, Bacolod City, place within the jurisdiction of
this Honorable Court sitting as a Family Court;
2.
For purposes of this case, however, Petitioner may be served
with notice and other processes through the undersigned counsel in his
address herein-below provided;
3.
Respondent WILSON SANTOS (hereinafter referred to as
Respondent) is 47 years of age, married on paper to Petitioner, Filipino
and a resident of Estancia Subdivision, Bacolod City, where he may be
served with summons and other processes on this Honorable Court;
THE ANTECEDENT FACTS
A.
THE
LIFE
OF
PETITIONER
AND
RESPONDENT
BEFORE
THEIR MARRIAGE
1
4.
Petitioner was born on November 12, 19661 in the Municipality
of Cauayan, Negros Occidental; she has four (4) siblings;
5.
She took her Bachelor of Science in Commerce, Major in
Accounting at West Negros University (WNU), Bacolod City and graduated
therefrom in 1987;
6.
Respondent, on the other hand, took up Bachelor of Science in
Commerce, Major in Data Processing in the same university;
7.
Petitioner and Respondent officially met at the Supreme
Student Government of West Negros University, when they ran under the
same political party and eventually won respective seats;
8.
What started out as friendship eventually blossomed into
something else when Respondent showed signs of affection towards
Petitioner and treated her specially;
9.
Respondent courted Petitioner before their college graduation,
on or about February of 1987. What eventually won Petitioner over was the
fact that Respondent was always there for her whenever she needed him;
10. Further prompted by curiosity as she never had any relationship
before Respondent, Petitioner readily gave her yes to Respondent on April
4, 1987;
11. On May 15, 1987, Petitioner departed for Manila to work in an
outreach program as a student missionary while Respondent was left in
Negros to teach at WNU sometime in June of 1987;
12. Their long-distance relationship did not last long as Petitioner
went back home on November 1987 to teach Management at WNU.
Petitioner taught in the university until March of 1988;
13. At that time, Petitioners parents, particularly her mother, was
against her relationship with Respondent, as she knew for a fact that his
family, particularly his father, had a reputation of having extramarital affairs.
Petitioners mother tried to dissuade her and separate them to no avail;
B.
THE
MARRIAGE
PETITIONER
RESPONDENT
OF
AND
14. On the last week of March 1988 and in utter disregard of her
mothers admonitions, Petitioner eloped with Respondent to Binalbagan,
This fact is evidenced by the pertinent Marriage Contract, copy of which is hereto
attached and incorporated as ANNEX B and made an integral part hereof;
24.
and 225 of the same Code in regard to parents and their children have clearly
been neglected by Respondent;
54. Art. 68 of the Family Code provides that the husband and wife
are obliged to live together, observe mutual love, respect and fidelity, and
render mutual help and support. Respondent has failed to comply on this
count;
55. Art. 69 of the same Code provides that the husband and wife
shall fix the family domicile. In this case, Respondent left the family
domicile and decided to live with another woman, at the expense of his
familys solidarity;
56. Art. 70 further provides that the spouses are jointly responsible
for the support of the family. The expenses for such support and other
conjugal obligations shall be paid from the community property and, in the
absence thereof, from the income or fruits of their separate properties.
Respondent has long neglected his obligation to provide support for his
family or even just to help Petitioner in the familys expenses;
57. Lastly, Art. 71 mandates that the management of the household
shall be the right and the duty of both spouses. It is clear from the foregoing
that the management of the household is not merely a right but a DUTY
which needs to be fulfilled not only by the wife, but also by the husband;
58. Respondent could have supported his family even while he was
living with his other woman had he chosen to do so, but he did not;
59. Respondents constant cheating, even when Petitioner found
out, is like scoffing at the institution and sacredness of marriage, which is
psychologically unsound;
60. Petitioner has already secured the professional help of a
licensed Psychiatrist to conduct a Psychiatric evaluation on her and
Respondent. The result will be submitted to this Honorable Court as soon as
it is available;
61. Petitioner has no other relief but to come to this Honorable
Court. She is filing this petition to declare her marriage a nullity. Respondent
showed no concern for his obligations towards her and their family in
violation of Art. 68 -71 of the Family Code. 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., his lack of effective
sense of rational judgment and responsibility.
PARTIES HAVE NO PROPERTY
7
62. In the course of the marriage, the parties did not acquire any
real property.
PRAYER
WHEREFORE, PREMISES CONSIDERED, it is most respectfully
prayed of this Honorable Court, after notice and hearing, to render judgment
in favor of the Petitioner against the Respondent, as follows:
a. Declaring the marriage between Petitioner and Respondent a nullity
on the ground of psychological incapacity of either or both Petitioner
and Respondent;
b. Allowing Petitioner to revert to the use of her maiden name; and
c. Disqualifying Respondent from inheriting any and all benefits or
privileges that Petitioner may be entitled under the law upon filing of
this Petition and in the future.
Other relief and remedies deemed just, proper and equitable under the
premises are likewise prayed for.
Most respectfully submitted this ____________ at the City of
Bacolod, Philippines.
CHRISTIAN E. JALANDONI
Counsel for Petitioner
ROLL NO. 59880
PTR No. 5451419; 01-08-14
IBP OR No. 929398; 01-08-14
MCLE COMP. IV-0023147; 03-03-14
Room 4, 2nd Floor Midtown Arcade
Rosario Cor. Araneta Sts.
Bacolod City (6100)
Copy Furnished:
MR. WILSON SANTOS
Estancia Subdivision
6100 Bacolod City
RR No: _____________
Date: ______________
Copy of the foregoing Verified Petition was furnished to the Office of the
Solicitor General and the address of Respondent through registered mail only and not by
personal service by reason of lack of personnel to effect personal form of service in the
address of Respondent and the prohibitive distance between Bacolod and the City of
Makati.
VALENTINO J. ESPIRITU
Republic of the Philippines - - - -)
City of Bacolod- - - - - - - - - - - )Sc.
x- - - - - - - - - - - - - - - - - - - - - - x
VERIFICATION WITH
CERTIFICATE OF NON-FORUM SHOPPING
I, MARIA M. SANTOS, of legal age, married, Filipino citizen and a resident of
Lot 1, Block 51, San Dionisio, Bacolod City, after having been sworn to in accordance
with law, do hereby depose and say that:
1.
2.
I have caused the above-entitled Verified Petition to be
prepared and have read and know the contents thereof;
3.
The allegations therein are true and correct of my own
personal knowledge and based on authentic records;
4.
I further attest that I have not commenced any petition for
the same cause of action before any tribunal or agency; that to the best of
my knowledge, no such action for any proceeding is pending before the
Supreme Court, Court of Appeals, or any other tribunal or agency; that if
there is such action or proceeding that have been filed or is pending before
the Supreme Court, Court of Appeals, or any other tribunal or agency, I
undertake to report that fact within (5) days therefrom, to the court or
agency wherein the original pleading and sworn certification contemplated
herein has been filed.
IN WITNESS WHEREOF, I have hereunto affixed my hand this ___________ in
Bacolod City, Philippines.
___________________
MARIA M. SANTOS
SSS No. 07-3036129-7
SUBSCRIBED and sworn to before me on the date and in the place
abovementioned, Affiant personally appeared and showed her above-described
identification data card.
Witness my hand and seal.
Doc. No. __;
Page No. __;
9
10