Republic of the Philippines

REGIONAL TRIAL COURT

8th Judicial Region
Branch 3
Bulwagan ng Katarungan
Guiuan, Eastern Samar

ROCHELYN GAPUL BACATE, CIVIL CASE No. __________

Plaintiff, for:
ANNULMENT OF VOIDABLE
-versus- MARRIAGE under Article 45 (1)
OF THE FAMILY CODE
EDUARDO N. BACATE, JR.
Respondent.
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PETITION

PETITIONER, by counsel, respectfully avers: THAT---

1. Your petitioner is of legal age, Filipino, married and a resident of

Brgy. Tubabao, Guiuan, Eastern Samar. Respondent is also of legal age,
Filipino, married, and with postal address at c/o Junie Abug, 351 Purok
Bayanihan, Brgy. San Isidro, Lagao, General Santos City, where he may be
served with summons, subpoena, orders, pleadings and other legal processes.
Both parties have the capacity to sue and be sued.

2. Petitioner and respondent are wife and husband respectively, having

legally married on 5 September 2002 in Dagami, Leyte, evidenced by a copy of a
Certificate of Marriage hereto attached as ANNEX “A” and made an integral
part hereof. From such legal marriage was born their only child, JAMES PAUL
G. BACATE, born on May 5, 2003, evidenced by his Certificate of Live Birth
hereto attached as ANNEX “B”.

3. As shown in the Certificate of Marriage, the parties contracted marriage

without marriage license, but pursuant to Article 34 of the Family Code,
relying on the Joint Affidavit of petitioner and respondent as well as the Joint
Affidavit of Salvador Piangco and Imelda Baldesco of Brgy. Hilabago, Dagami
that the couple lived together as husband and wife since February 1996 up to
the present (4 September 2002) and begot a child Bryan Kyle Gapul, hereto
attached as ANNEXES “C” and “D” respectively.
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4. The truth of the matter is that petitioner was only 19 years old, not 21
years old, when he married the respondent on 5 September 2002, having been
born on 12 March 1983 as shown in her Certificate of Live Birth hereto
attached as ANNEX “E”. Likewise, Bryan Kyle Gapul is not the son of
respondent with petitioner, but a son of Rudy Agapito, as shown in the child’s
Certificate of Live Birth hereto attached as ANNEX “F” .

5. Respondent, by moral and psychological ascendancy over petitioner,

and in connivance with his barrio mates Salvador Piangco and Imelda Baldesco,
falsified their affidavits to facilitate the marriage, since they very well know that
petitioner cannot get parental consent. Knowing fully well the falsity of the
contents of their affidavits, the marriage is not exceptional but an ordinary
marriage. As such, there being no license obtained, the marriage is void for lack
of valid marriage license [Article 35 (3), Family Code]. The parties are even
liable for perjury under Article 183 of the Revised Penal Code.

6. Article 45 (1) of the Family Code provides that:

A marriage may be annulled for any of the following causes,
existing at the time of the marriage:

(1) That the party in whose behalf it is sought to have the

marriage annulled was eighteen years of age or over but
below twenty-one, and the marriage was solemnized without
the consent of the parents, guardian or person having
substitute parental authority over the party, in that order,
unless after attaining the age of twenty-one, such party freely
cohabited with the other and both lived together as husband
and wife.

7. Before petitioner could even reach the actual age of twenty-one (21)
years old in 2004, respondent abandoned her on December 31, 2003.

8. There is no common community of property that exists between the

parties.

WHEREFORE, premises considered, petitioner most respectfully prays of

the Honorable Court that, after due notice and hearing, Decision issue:

a. DECLARING the marriage between your petitioner and the respondent

null and void ab initio by reason of lack of parental consent;
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b. ORDERING to allow petitioner to revert back and us her maiden name

prior to her marriage with the defendant;
c. ORDERING that the Decision of annulment be recorded in the registry
of the local civil registrar of Dagami, Leyte where the marriage was
contracted and annulled, and the Civil Registrar General, National
Census and Statistics Office, Quezon City.

d. ORDERING the custody of JAMES PAUL G. BACATE to the petitioner

until she is emancipated in accordance with law.

Such other relief and remedies just and equitable in the premises are also
prayed for.

Tacloban City for Guiuan, Eastern Samar. 11 October 2005..

LEO S. GIRON
Counsel for the Petitioner
256 Avenida Veteranos, Tacloban City
Roll No. 37379
IBP Lifetime No. 00733
PTR No. 5803034; 1-3-05; Tacloban City

Republic of the Philippines )

City of Tacloban ) SS

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

I, ROCHELYN GAPUL BACATE, under oath, hereby state: THAT---

I am the Petitioner in the above-entitled case; I have caused the preparation of

the above petition; I have read and understood the contents thereof and the averments
therein are true and correct of my own personal knowledge and based on authentic
documents.

I further certify that to the best of my knowledge, I have not therefore

commenced any action or proceeding nor is there any action or proceeding involving the
same issues pending in the Supreme Court, Court of Appeals or in any Court, tribunal or
quasi-judicial agency and, to the best of my knowledge, no such other action or claim is
pending therein. 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 days therefrom to this Court.

ROCHELYN GAPUL BACATE

Affiant

SUBSCRIBED AND SWORN to before me this 11 October 2005 at Tacloban

City, affiant exhibiting to me her CTC No. 16599667 issued on 10/6/05 at Guiuan,
Eastern Samar.

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SERIES OF 2005