REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
City of Manila
Branch 41

Mrs. Linda Manansala-Cruz,

Plaintiff,
- versus-

CIVIL CASE No. 03-6136

For: Petition for Declaration of
Absolute Nullity of Marriage

Mr. Cesar Cruz,

Defendant,
x-----------------------------------------x
COMPLAINT
COMES NOW, the plaintiff, and unto this Honorable Court, most
respectfully avers:
1.
That plaintiff, Mrs. Linda Manansala-Cruz, is of legal age, Filipino
citizen, with postal address at No. 1 Del Pilar Street, Sampaloc, Manila;
2.
That defendant, Mr. Cesar Cruz, of legal age, Filipino citizen, with
postal address at corner Lakandula and Lualhati Streets, Tondo, Manila, where he
may be served with summons and other processes of this Honorable Court.;
3.
That Mrs. Linda Manansala-Cruz and Mr. Cesar Cruz were legally
married on January 5, 2007. A copy of the marriage certificate is hereto attached as
Annex A;
4.
That Mr. Cruz, after a few months after their marriage, showed
manifestations of serious emotional immaturity and irresponsibility that eventually
rejected Mrs. Cruz and left her with barely nothing at all since he has been
terminated from his work;
5.
That the couple lived in the residence of Mr. Cruzs mother. Mr. Cruz
was overly dependent with his mother and never exerted an effort to look for a job
in order to support her wife;
6.
That on certain occasions, Mr. Cruz repeatedly abused her physically
and verbally especially when he was drunk, as evidenced by the medical
certificates of the physical violence of Mr. Cruz towards Mrs. Cruz on separate
dates is hereto attached as Annex B;

7.
That even with the repeated requests from Mrs. Cruz pursuing Mr.
Cruz to look for a decent job to support their living, the latter still chose to ignore
such and continued to be more passive and uncooperative. Mr. Cruz has been held
jobless for the last four (4) years and does not have any intention to support Mrs.
Cruz;
8.
That concerning Mr. Cruzs continued rejection of said requests, Mrs.
Cruz prompted to sent him a demand letter to support her financially in the amount
of P15,000.00 per month. Copy of the demand letter personally served to Mr. Cruz
is hereto attached as Annex C;
9.
That despite repeated demands; Mr. Cruz still refused and
continuously ignored Mrs. Cruz. Thus, showing his total disregard of his marital
obligations towards his wife;
10. That as a result of the total disregard and unjustifiable neglect of Mr.
Cruzs marital obligations, Mrs. Cruz suffered to this unfortunate event both
mentally and emotionally. Therefore, in consideration with the discussions made,
the undersigned humbly requests to this Honorable Court that the declaration of
absolute nullity of marriage be granted on the account of Mr. Cruzs psychological
incapacity.
P R AYE R

WHEREFORE, premises considered, it is most respectfully prayed unto

this Honorable Court that, after hearing, judgment be rendered as follows:
1.

That the declaration of absolute nullity of marriage be granted on the

account of Mr. Cruzs psychological incapacity to perform his marital
obligations in accordance with Art. 36 of the Family Code.

2.
Ordering the defendant, Mr. Cruz, to pay the amount of P15, 000.00
per month to support Mrs. Cruz.
3.

Ordering Mr. Cruz to pay the cost of suit.

Such other relief as may be deemed just and equitable are likewise prayed
for
The Law Firm of Santiago & Partners
Counsel for the Plaintiff
By:
Atty. Jack Daniels Padilla

7th Floor, Columbus Tower

Ortigas Avenue, Brgy. Wack Wack,
Mandaluyong City, 1550
Tel. Nos. (02) 527-3877 & 310-2097
Roll of Attorney No. 6136
IBP No. 6137/7-25-15/Manila
PTR No. 6138/4-15-14/Manila

VERIFICATION/CERTIFICATION OF FORUM SHOPPING

Republic of the Philippines
City of Manila
1.
I, Linda Manansala-Cruz, of legal age, Filipino citizen, married and a
resident No. 1 Del Pilar Street, Sampaloc, Manila, after having been duly sworn to
in accordance with law do hereby depose and say:
2.

That I am the plaintiff in the above-entitled case;

3.
That I have caused the preparation of the foregoing complaint and
have read the allegations contained therein;
4.
The allegations in the said complaint are true and correct of my own
knowledge and authentic records;
5.
I hereby certify that I have not commenced any other action or
proceeding 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;
6.
That if I should learn thereafter that a similar action or proceeding has
been filed or is pending, I hereby undertake to report that fact within five (5) days
therefrom to the court or agency where the original pleading and sworn
certification contemplated herein have been filed;
7.
I executed this verification/certification to attest to the truth of the
foregoing facts and to comply with the provisions of Adm. Circular No. 04-94 of
the Honorable Supreme Court.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 16th of
December 2015, in the City of Manila.
Linda
Manansala-Cruz
SUBSCRIBED AND SWORN to before me this _______ day of December 2015,
in the City of Manila, affiant exhibiting to me his Drivers License No. 87000
issued by the Land Transportation Office on November 7, 2012 at the City of

Manila.
ATTY. NO CASE
Notary Public
My Commission Expires Dec. 31, 2019
Roll of Attorney No. 6123
IBP No. 17775/2-5-11/Manila
PTR
Doc.
Page
Book
Series of 2015.

No.

8787/12-5-12/Manila
No.
No.
No.

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