REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

4th Judicial Region
Regional Trial Court
Branch 1
Batangas City, Batangas

MARTA MORAN-DELA CRUZ

Petitioner,

- versus - CIVIL CASE NO. 2014-01-05

JUDICIAL DECLARATION
OF NULLITY OF MARRIAGE

JULIO A. DELA CRUZ,

Respondent.
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AFFIDAVIT

THE PARTIES

Par. 1. Petitioner, MARTA MORAN-DELA CRUZ (Marta for

brevity) is of legal age, Filipino and presently residing at Blk-20,
Lot-5, Acacia Homes, Batangas City;

Respondent, JULIO A. DELA CRUZ (Julio for brevity) is

likewise of legal age, Filipino and is last known by the Petitioner
to be residing at Block11, Lot 87, ACM Woods Homes, Batangas
City, where he may be served by notices, orders and processes of
the Honorable Court.
 NATURE OF THE PETITION

Par. 2. In this present Petition, the Petitioner prays of this

Honorable Court to declare as null and void her marriage to
Respondent on the ground of the latter’s psychological incapacity.

The following pertinent and relevant Family Code provisions

are the bases in the treatise of this Petition:

Art. 36. A marriage contracted by any party who, at the

time of the celebration, was psychologically incapacitated
to comply with the essential marital obligations of
marriage, shall likewise be void and even if such incapacity
becomes manifest only after its solemnization.

Art. 68. The husband and wife are obliged to live together,
observe mutual love, respect and fidelity, and render
mutual help and support.

Art. 72. When one of the spouses neglects his or her duties
to the conjugal union or commits acts, which tend to bring
danger, dishonor or injury to the other or the Family, the
aggrieved party may apply to the court for relief.

FACTS OF THE CASE

Par. 3. Petitioner is a young lady of 25 years old during that

time who works under the Human Resources Department of
National Panasonic. Petitioner graduated Bachelor of Psychology
in Lyceum of the Philippines, Batangas. Respondent, on the other
hand, is a Production Engineer under the same company.

Par. 4. Petitioner is currently employed at Land Bank of the

Philippines, Batangas under the Human Resources Department.
Respondent, as of today, remains working in the National
Panasonic.

Par. 5. The classic love affair between Mr. Julio Dela Cruz
and Ms. Marta Moran started when the latter was introduced to
the petitioner through her cousin Pia. She and Julio were
workmates in National Panasonic. What started as a simple
acquaintance was followed by an intense courtship; Julio was
immediately attracted to her that soon enough he was deeply
engrossed with her. Julio would often bring Marta to and fro in
her place of work; he visited her in their house almost on a daily
basis. These adorable actuations of Julio eventually led to a
romantic affair between him and the respondent.

Par. 6. They after then decided that they will get married
because they have both found the “right one” for them. Both
families agreed that since Julio and Marta are gainfully employed,
they should now tie the knot. Most members of their respective
families attended the marital ceremony.

Attached as “Annex A” is the Certificate of Marriage.

The first stages of their married life were full of happiness

and excitement. She and Julio lived with her family after the
wedding and her family was cordial towards him.

Par. 7. As time passed, they eventually moved in to a new

house. It was a smooth sailing for the newly-weds at first. But a
gradual changed in what seemed to be a happy union loomed in
the horizon.

Par. 8. Their marriage, however short-lived, blessed them

with two children.

Attached as “Annex B-1” and “Annex B-2” are the Certificate

of Live Birth of both children.

Par. 9. At the time of their marital union Julio continued

working in National Panasonic whiles his now wife Marta worked
in the Land Bank of the Philippines. As earlier pointed out, the
marriage seemed happy in the beginning until one day she
noticed Julio became cold towards her. She observed her husband
and his actions towards her and affirmed that he, indeed, became
indifferent. She tried talking to him for several attempts, but
respondent kept on shuting her out and then leaving. It was like
Julio was avoiding her. She also noticed that he was always on
the phone talking to someone she doesn’t know, but she noticed
that her husband was always smiling while talking, and he was
using his sweet tone. Julio would often close the door of the room
whenever he was talking on the phone with the said person. But
when her husband would talk to her, he was not as sweet as he
was before and would use a cold tone of voice. Her husband
became inaffectionate, cold, and distant. It was like he was not
the same person she loves.

Par. 10. Then one faithful day came when Julio left her and
their two children. She later on found out that the reason why he
left was because of a woman named Roline. She also found out
that the said woman was the one her husband was always talking
over the phone.

Par. 11. That they met on National Panasonic, the same

company where she and Julio met. But when she left the said
company and started working at a different company, which is
when Roline was hired on National Panasonic and was aside
under the same department as Julio. They became acquaintances
and friendly with one another, then eventually, their affair
started.

Par. 12. After finding out the main reason why her husband
left her and their children, Marta suffered sleepless nights,
anxiety, depression, mental anguish, and kept asking herself
what she did wrong to lose her husband to some other woman.
She kept on asking herself what that woman have that she and
their children cannot give to her husband.

Par. 13. Nonetheless, Marta moved on with her life. Julio, on

the other hand, continued living with Roline and begot two
children with her.

Attached as “Annex C-1” and “Annex C-2” are the Certificate

of Live Birth of the children.

Attached as “Annex D” is the Affidavit of Acknowledgment of

Paternity.

She even sometimes see them inside a mall, having fun with
his other family, while Marta was with her two children. Julio even
failed to support them, as he did not even give her allowance for
their expenses and in support of their children’s studies. Marta,
then, has no choice but to ask help from her parents and siblings
for her meager salary in Land Bank cannot support the studies of
her two children, plus with the expenses she has to pay for their
house and other loans. She can, however, see that his second
family is well-provided by Julio as his two children with Roline
even studies in a private school. Despite the said turn of events
in their lives, Marta was able to move on and work in order to
support their children, which obviously were also forgotten by
Julio, as he is deeply engrossed to his new family.

WHEREFORE, premises considered, it is respectfully prayed that

after trial, judgment be rendered by this Honorable Court
declaring the marriage between the Petitioner and the
Respondent VOID AB INITIO by reason of the psychological
incapacity of the petitioner and respondent, citing Art. 36 of the
Family Code.

Other reliefs just and equitable are prayed for.

January 5, 2015

Batangas City, Batangas

IN WITNESS WHEREOF, I have set hereunto my hand this

January 5th, 2015, Batangas City, Batangas.

Marta Moran-Dela Cruz

Affiant

SUBSCRIBED and sworn to before me, in the city of Batangas,

this 5th day of January 2015.

Doc.No.; _____
Page No.; _____
Book No.; _____
Series of 2009.
Ilagan, Tan and Associates Law Offices
Counsel for Petitioner
2/F MaDRIGAL Bldg. 183 Rizal Ave. Batangas City, Batangas