Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Makati City
Branch 54

ISHA MARTINERO,
Petitioner,

- Versus - Civil Case No. 18-0721

For: Declaration of Nullity of
Marriage under Art. 36 of the
Family Code

FELIPE “BABE’ ERO,

Respondent.

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

PETITION

COMES NOW petitioner ISHA MARTINERO, by counsel and unto

this Honorable Court, most respectfully states that:

1. Petitioner is of legal age, Filipino citizen and a resident of 1234

Apollo St., Bel-Air Makati and may be served with processes and
orders of this Court at the said address.

2. Respondent is likewise of legal age, Filipino citizen and a resident

of 321 Filial St., Barangay Poblacion Alaminos Laguna, where he
may be served with summons, orders and other legal processes of
this Honorable Court;

3. Petitioner and respondent are husband and wife, having been

legally married on July 31,2012. A copy of their marriage certificate
between the parties is attached and made an integral part hereof as
Annex “A”;

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4. A year later after their marriage, they were blessed with a daughter
named Annie, born on January 29,2013. A copy of her Certificate of
Live Birth is attached and made an integral part hereof as Annex
“B”;

5. During the celebration of their marriage, no real property was

acquired by the parties.

6. In retrospect, petitioner and respondent first met each other during

the class reunion of their respective siblings who were former
classmates and good friends in law school sometime in February
2012. At that time, petitioner is 25 years old and a successful
businesswoman while respondent is 26 years old and a supervisor
of a well-known call center company. Both started off as friends
and eventually became sweethearts in April of 2012.

7. After a few months of being in a relationship, petitioner found out

that respondent maintained his relationship with his former
girlfriend named “ANA” who is also a call center agent. Such led to
their relationship turning sour and so they decided to split up.

8. However after a few weeks, petitioner and respondent got back

together with the intervention of their families. Their relationship
was smooth sailing when they got back together as their passion
and attraction towards each other was back.

9. Petitioner sometime in July 2012 discovered that she was pregnant

hence she informed respondent about it. Due to her being pregnant,
respondent agreed to get married to petitioner despite the fact that
he was not yet ready for such commitment.

10. Three days however before they got married or on July 28, 2012,
respondent got so drunk during his stag party that he slept with
one of the performers in said party. Such came to the knowledge of
petitioner who decided to call off their wedding but later on
decided to push through because of her child.

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11.Petitioner and respondent got married through a Church wedding
in Alaminos Laguna on July 31, 2012. At that time petitioner was
twenty-five (25) years old, while respondent was twenty-six (26)
years of age.

12.After more than a year, the couple was blessed with a daughter
who they named Annie who was born on January 29, 2013.

13. In February of 2013, petitioner and respondent were able to move

in to a brand-new townhouse in Makati and was able to purchase a
new car.

14.However, after three (3) years of marriage, respondent went back to

his old philandering ways. Respondent would often be seen by
their relatives and friends with different women in bars. Petitioner’s
friends who are Bianca Celeste and Dior Velasquez, even saw
respondent coming out of Sogo Hotel with another girl, both acting
very sweet together.

15. There were also times when petitioner would check respondent’s
phone and discover text messages and lewd photos coming from
the previous girlfriend of respondent who is Ana.

16. During their fight, respondent admitted to the plaintiff through

text message that the former had in truth been in a sexual
relationship recently with Ana. Nevertheless, both parties
reconciled and petitioner remained hopeful that respondent would
change for the better.

17. Sometime in June 2016, petitioner went on a business trip and

decided to return home without telling respondent as she decided
to surprise him.

18. However to petitioner’s surprise, she saw before her two eyes
respondent in a compromising act with another woman inside their
bedroom. Respondent did not even bother to explain or apologize.

19. Upon inquiry to their houseboy, Manong Philip Fulgueras, he

admitted to the petitioner that the respondent has been calling
different girls at numerous times to respondent’s bedroom
whenever petitioner is gone on a trip. Respondent only told
Manong Philip to keep his mouth shut. Oftentimes, Manong Philip
would hear moans emanating from the bedroom.
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20.Being tired of her respondent's philandering ways, petitioner left
the conjugal dwelling with their minor daughter Annie and
stopped communicating with him. Petitioner left to live with her
sister’s house, Irene Martinero, to whom she confided her hurt and
depression.

21.And as far as petitioner is concerned, respondent never attempted

to contact her or even visit and give support to their child. The
petitioner wanted to turn her back from the whole ordeal she went
through with respondent.

22.Petitioner, since her separation in fact from respondent, has moved

on with her life and knows that respondent is clearly incapacitated
to fulfill the obligations of marriage as embodied under Art. 68 of
the Family Code. Hence it is petitioner’s aim to be able to fully
move from the whole ordeal that she experienced with respondent.

23.Petitioner had engaged the services of Dr. Domingo Reyes IV, B.S.,
M.D., (hereinafter “Dr. Reyes”), a Clinical Psychologist, for the
determination of psychological incapacity of the Respondent, who
the Petitioner plans to present as an expert witness in support of the
instant petition in court. After evaluation of Dr. Reyes, it was found
that respondent is psychologically incapacitated to understand and
comply with the essential marital obligations and that respondent is
suffering from “Narcissistic Personality Disorder”. Dr. Reyes
identified that the root cause of such is his lack of parental guidance
and family molding which caused him to have a defective superego
and to be a selfish and immature person with gross irresponsibility
and disregard on the feelings of his wife and the commitment they
agreed upon. A copy of the report issued by Dr. Domingo Reyes IV
containing his findings regarding the Respondent is attached as
Annex “C”.

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 24.Petitioner was able to ask her sister Irene Martinero and a few of
their friends, Bianca Benitez and Dior Velasquez to see Dr. Reyes.
Both obliged and voluntarily had appointments with Dr. Reyes in
order to relate to the latter the character and behavior of herein
respondent.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of

this Honorable Court that after hearing, judgment be rendered as follows:

a. Declaring the marriage between the parties as null and void ab initio
pursuant to Article 36 of the Family Code;

b. Directing the Local Civil Registrar of Alaminos City, Laguna to

cancel and/or annotate from its entries in the Book of marriages, the
marriage of the parties;

c. Declaring the property relations governing the parties as dissolved as

a consequence of the nullity of marriage.

d. Declaring that their child Annie, be in the custody of the plaintiff,

and the child be entitled to financial support by the respondent.

Other just and equitable reliefs are likewise prayed for.

Makati City, October 1, 2018.

By:

Atty. ANNA CARMELA G. VIRTUCIO

Counsel for Petitioner
Valero Tower Suite 302-A
Valero Street, Salcedo Village, Makati City
IBP No. 764814- 01-07-17Makati City
PTR No. 5448574 /01/14/17/ Makati
Roll of Attorneys No. 33476
MCLE Compliance 0009328- 03/27/18

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 Atty. IVY EDODOLLON
Counsel for Petitioner
Valero Tower Suite 302-B
Valero Street, Salcedo Village, Makati City
IBP No. 985714- 01-07-17Makati City
PTR No. 6798664 /01/14/17/ Makati
Roll of Attorneys No. 89976
MCLE Compliance 0694528- 03/27/18

VERIFICATION AND CERTIFICATION AGAINST FORUM

SHOPPING
I, ISHA MARTINERO, of legal age, Filipino, married, after having
been sworn in accordance with the law, hereby depose and state that:
1. That I am the petitioner in the above entitled case
2. That I have caused the preparation of the foregoing petition and
that all the allegations contained therein are true and correct of my own
personal knowledge and based on existing and authentic documents;
3. In compliance to the Supreme Court circular against forum
shopping, I hereby certify that: a) I have not commenced any other action
or proceeding involving the same issues before the Supreme Court, or
Court of Appeals, or any other tribunal or agency; b) to the best of my
knowledge, no such action or proceedings is pending in the Supreme
Court, Court of Appeals or any other tribunal or agency; c) If I should
learned that similar action or proceeding has been filed or is pending
before such tribunals or bodies, I shall report that fact within five (5) days
therefrom to the court of agency where the original pleading and sworn
certification have been filed.
IN WITNESS WHEREOF, I have hereunto set my hand this 22 nd day of
October 2018 at Makati City.

ISHA MARTINERO
Affiant

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 SUBSCRIBED and SWORN to before me this 22 nd day of October
2018, affiant exhibited to me her SSS ID No 00651273629 dated June 26,
2015 issued in Makati City as her competent evidence of her identity.

ATTY. JAIME H. PADILLA

Notary Public
Until 13 December 2019
PTR. NO. 2735146 / 2017-2019 MAKATI
IBP NO. 8723648 / 2017 MAKATI
ROLL NO. 12534 / TIN 097-233-345-45
MCLE IV-0003749
COM. NO. 2017-043

Doc. No. 4
Page No. 5
Book No. 8
Series of 2018.

COPY FURNISHED:
Office of the Solicitor General
134 Amorsolo St., Legaspi Village
Makati City, 1229

Office of the City Prosecutor

Makati City
16th Floor, Makati City Hall (New Building)
J.P. Rizal, Brgy. Poblacion, Makati City