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Republic of the Philippines

Third Judicial Region


REGIONAL TRIAL COURT
Branch ____
Gapan City

Re: IN THE MATTER OF PETITION


FOR THE DECLARATION OF NULLITY
OF THE MARRIAGE BETWEEN THE
SPOUSES EBENEZER DIEGO
Y LAPAWAN AND SKICHEA SP. PROC. NO. __________
DIEGO Y DAYAO

SKICHEA DIEGO Y DAYAO


Petitioner,

EBENEZER DIEGO Y LAPAWAN


Respondent.
x------------------------------------x

PETITION

PETITIONER, through the undersigned counsel unto this Honorable Court most
respectfully avers:

1) Petitioner is of legal age, married, Filipino and a resident of Palasinan,


Cabiao, Nueva Ecija while respondent EBENEZER DIEGO Y LAPAWAN is
likewise of legal age, Filipino and a resident of c/o Matina Aplaya, Shang Hai
Village, Davao City;
2) Petitioner was born of parents whose main source of income is that of farm
helpers;
3) That she grew up in a very hard and impoverish state;
4) That as she grew up, all she wanted was to help her family and uplift their
status in life;
5) That she always tried to help her parents in everyway she can;
6) That she observed in their locality that those who work abroad got better in
life and live prosperous lives, so she dreamed of working overseas to help and
improve her and her family’s status in life;
7) That sometime in August of 1999, her family met the respondent and they
found out that he can help them send any member of the family to Japan to
work there because the respondent’s parents and relatives are residing and
working in Japan;
8) That the petitioner’s mother made some arrangements with the respondent to
send the petitioner to Japan and work there;
9) That the respondent agreed to the proposal of the petitioner’s mother to send
the latter to Japan in consideration for TWO HUNDRED THOUSAND
PESOS (P200,000.00), which payment shall be as follows: P50,000.00 down
payment and the remaining P150,000, to be deducted by the respondent from
the monthly salary of the petitioner within a period of six months;
10) That the respondent told the petitioner’s mother that in order to facilitate the
process of sending the petitioner to Japan, the latter should marry him which
marriage will be in the form of a “marriage for convenience”;
11) That the marrying parties agreed that they will not be bound by the marriage
contract and that they are not bound to observe the duties and responsibilities
of husbands and wives to each other;
12) That they will continue to live their separate lives without any interference
from one another;
13) That being an obedient daughter and one who desperately wanted to have a
better life for herself and her family, she agreed to the aforecited agreement;
14) That immediately thereafter, the petitioner’s mother arranged for the wedding
of the parties;
15) That the marrying parties did not participate in anyway whatsoever in the
preparation of the marriage;
16) That their marriage was celebrated on August 23, 1999 at Bario Fiesta
Restaurant, Edsa, Caloocan City. Copy of the Certificate of Marriage is
hereto attached as Annex “A”;
17) That petitioner saw the respondent only twice before they got married on
August 23, 1999;
18) That after their marriage, they did not establish their conjugal home, neither
do they live together in one dwelling;
19) That they did not engaged in sexual intercourse with each other or any form of
sexual contact, hence no issue resulted from their marriage;
20) That the true and only purpose of the petitioner in entering into a marriage tie
with respondent is for her to fulfill her dream of going to Japan which
marriage to the respondent afforded her;
21) That the respondent, true to his promise and representations, was able to send
the petitioner to Japan sometime on May 2000 and the latter was able to work
there as a cultural performing artist;
22) That the remaining balance of P150,000 as agreed upon by the parties was
deducted from the monthly salary of the respondent for a period of six
months;
23) That the petitioner while working in Japan was able to send money to her
family here in the Philippines and was able to uplift the life of her family;
24) That the respondent upon full payment of the remaining balance of P150,000
to him by the petitioner, contacted the latter and asked for additional P100,000
for every year that the petitioner will be able to go back and work in Japan;
25) That for the years 2001 and 2002, the petitioner paid the respondent the total
amount of P200,000, (P100,000 for each year);
26) That the respondent himself received the payments made by the petitioner;
27) That two years after their marriage in 1999, the respondent cohabited with
another woman and procreated with her;
28) That from that day up to now, respondent is living with that woman and their
children whereas petitioner is living her own life together with her family;
29) That from the following discussions, it is clear that the parties did not give
their consent to the marriage for it is only a marriage for convenience to
facilitate the going and working of the petitioner in Japan;
30) That even from the very beginning and before the celebration of the marriage,
the marrying parties did not have any intention of being married to one
another much more complying with the duties and responsibilities of spouses
such as to observe mutual love and respect, support one another, etc.;
31) That the parties are two strangers who were brought before holy matrimony
by the by circumstances of necessity and propriety, the petitioner being able to
go to abroad and work there and the respondent the consideration of TWO
HUNDRED THOUSAND PESOS plus ONE HUNDRED THOUSAND
PESOS for every thereafter;
32) That clearly, the marriage between the parties is void ab initio and should be
declared as such;
33) That in order for the parties to start a new life of their own and for them to
move on with their respective families, and taking into consideration the
welfare of the children, it is most respectfully prayed from this Honorable
court that their marriage be declared void and with out effect whatsoever;

PRAYER

WHEREFORE, in view of the foregoing, it is most respectfully prayed of


this Honorable Court that the instant petition be given due course and after trial,
judgment be rendered granting the petition and an order be issued declaring the
marriage between the parties as null and void.

Other reliefs and remedies, just and equitable under the premises are
likewise prayed for.

Cabanatuan City FOR Gapan City January ___, 2006


BARIOGA CASTILLO CHUA
LAMINATO AND ASSOCIATES
LAW FIRM
Door #1 RFG Bldg. Del Pilar St.
Brgy. Fatima, Cabanatuan City
Counsel for the Petitioner

By:

ATTY. BEMBOL DL. CASTILLO


Roll of Attorneys No. 50592
PTR OR No. 0050324/ Jan. 2, 2006
Cabanatuan City
IBP OR No.652624 / Jan. 2, 2006
Nueva Ecija Chapter

VERIFICATION AND CERTIFICATION

I, SKICHEA DIEGO Y DAYAO., of legal age, married, Filipino and with postal
address at Palasinan, Cabiao, Nueva Ecija, under oath depose and state:
1. That I am the petitioner in the above-cited case;
2. That I have executed the foregoing and have read and understood its contents;
3. That the contents are true and correct of my own personal knowledge and/or
based on authentic documents;
4. That I have not commenced another suit involving the same parties and
subject matter before another court, tribunal or agency;
5. I am not aware of the pendency of a similar suit involving the same parties
and subject matter before another court, tribunal or agency; and
6. Should I come to know of the pendency of a similar suit before another court,
I undertake to report the same to this Honorable Court within five (5) days
from knowledge.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ____ of


January, 2006 hereat Cabanatuan City.

SKICHEA DIEGO Y DAYAO

SUBSCRIBED AND SWORN TO before me this ___ of January, 2006 hereat


Cabanatuan City.

ATTY. BEMBOL DL. CATILLO


Notary Public
Until December 31, 2006
PTR OR No. / Jan. 2, 2006
Cabanatuan City