REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT BRANCH
PARANAQUE CITY
EUFEMIA R. REMIGIO
Petitioner
,
VS.
Civil Case No.:
For:
Petition for Declaration of
Nullity of Marriage Under
Article Art. 35. Paragraph
(4)
VIRGILIO T. REMIGIO and
MARIA
FLORES
LUMACTOD
Responde
nt.
x----------------------------------x
PETITION
COMES NOW the Petitioner through undersigned counsel,
unto the most Honorable Court, most respectfully states
that:
1.
Petitioner is EUFEMIA R. REMIGIO, 60 years old,
Filipino, married and a resident of 8796 Nacarst. Phase 5,
Marcelo Green Village, Paranaque City;
2.
Respondents are VIRGILIO T. REMIGIO, and
MARIA FLORES LUMACTOD Maria Flores Lumactod both
Filipino, of legal age, and residents of Purok 6 South
Poblacion, Medina City, Cagayan De Oro Province, Misamis
Oriental;
3.
Petitioner and Respondent-Vergilio were married on 23
April 1977 in the city of Manila, attached hereto as Annex
A is a copy of the Marriage Certificate, the same is made
an integral part of this Petition;
4.
Respondent was an OFW for around 32 years, and
worked as a Service Technician at the Kingdom of Saudi
Arabia. Petitoner would only see the respondent for a month

every year whenever he was on vacation. He would always

go home to where to Petitioner currently resides;
5.
Throughout the 38 years of marriage, the Respondent
was unfaithful to the respondent, and had other
relationships with other women;
6.
Respondent, Virgilio T. Remegio was recently
diagnosed with a terminal illness, and is currently at the
brink of death;
7.
Due to the aforementioned situation, Petitioner
discovered that the Respondent-Virgilio entered into
another marriage despite the existence of the marriage
with the former, with a certain Maria Flores Lumactod on
22 October 2004 at Cagayan De Oro, Misamis Oriental.
They are living together at Purok 6 South Poblacion, Medina
City, Cagayan De Oro Province, Misamis Oriental. Attached
hereto as Annex B, is a copy of the certificate of 2
marriages of the Respondent;
8.

The respondents have acquired properties together;

10. The marriage between the Respondents is thus void ab

initio as provided by Article 35 paragraph (4), which states:
Art. 35. The following marriages
shall be void from the beginning:
-xxx(4) Those bigamous or polygamous
marriages not failing under Article
41
11. In sum, Petitioner entered into marriage with
Respondent-Virgilio on 23 April 1977 in the City of Manila,
Respondents were married on 22 October 2004 in Cagayan
De Oro. The second marriage was entered into despite the
existence of the marriage between the Petitioner and
Respondent-Virgillio;
PRAYER
WHEREFORE, above premises considered, it is most
respectfully prayed that:

a.

The marriage between the Respondents be

declared null and void ab initio on the
ground that it is bigamous;
b.
After due consideration, a decree of nullity of
marriage be issued by this Honorable Court,
ordering that:
1. The proper Civil Registrar record the
dissolution
of
the
marriage
of
the
Respondents;
2. The Certificate of Marriage of the parties be
cancelled and impugned from the records of
the appropriate Civil Registrar and of the
National Statistics Office;
3. Properties acquired by the Respondents be
declared as the conjugal property of the
Petitioner and Respondent-Virgilio;
Other reliefs and remedies that are just and equitable
under the forgoing circumstances are likewise prayed for.
Respectfully Submitted, September 22, 2015, City
of Makati for the City of Paranaque

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