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COMPLAINT
P
this
LAINTIFF, assisted by counsel undersigned, most respectfully files
this Complaint and for this purpose states that –
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4. And so the plaintiff and the defendant were married in a
simple rite before the Office of the Municipal Mayor of Kalibo,
Aklan despite of the fact that they barely know each other’s
character and personality. For them, their marriage also
serves as a major step to adhere to their responsibilities as
expecting parents;
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is what the plaintiff had been considering. And that is all that
only matters to him;
9. Defendant did not slow down with her escapades and worse
she later develops an extra-marital affair with another man.
After several months the defendant suddenly left Santiago
City, Isabela and took the child with her sans approval of
plaintiff. The plaintiff will learn thereafter that the defendant
eloped and lived with yet another man in Alfonso Lista,
Ifugao. Soon she became impregnated before finally giving
birth to another child named VICTORIA VILLARDE REMBULAT.
The child’s fact of birth and other material details are
evidenced by a Certificate of Live Birth, a copy of which is
hereto attached as ANNEX “C”;
10. Plaintiff’s world seemingly turned upside down. Like what are
seen in tear-jerking dramatic movies and television soap
operas, his heart seems being pierced every time the sorry
state of his marriage crossed his thoughts. Only that in his
case, the pain is very real! True, the fate of his marriage is
no less different from the numerous other accounts of male
OFWs where man works abroad, leaves woman behind only
to go with another man later. These stories, although
admittedly clichéd, were aptly epitomized in that classic OPM
hit song popularized in the mid 1980’s by Roel Cortez the
title of which best describes the plaintiff’s feeling –
“Napakasakit Kuya Eddie”. So to alleviate his suffering,
plaintiff opted to stay in the afore-said oil rich country for
quite some times. He preferred to endure the hardships of
work rather than to go home and relish firsthand his
relationship with the defendant that had become so
wretched to stomach;
11. In all those years that plaintiff had been working overseas
since the defendant walked-out from his life, the former
never had any communication much less personal contact
with the latter. Bits of information about defendant’s life
were only relayed through relatives and friends. The parties
have been separated for barely one and half decade or
fourteen (14) long years to be exact;
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just remained in the country, perhaps he could have had
prevented or decelerated the immediate deterioration of
their marital relations at the very least. But then again, his
primordial concern was to improve the economic condition of
his family. May not be too much but not less. Their
unresolved issues coupled by the vast time and distance
between the parties therefore led them apart from each
other until their union finally reached a totally deteriorated
state;
14. Prior to the marriage, and during their marital life, the
parties exhibited permanent, incurable, and grave
personality disorders which prevented them from fully
appreciating and complying with the marital obligations
required of them under the Family Code. Their respective
personality disorders had existed prior to the celebration of
the marriage albeit the manifestations showed later during
the marital relationship. As a consequence thereof, the
parties were never able to undertake any of the marital
obligations enumerated under the Family Code of the
Philippines;
15. The parties did not acquire any properties in the course of
their marriage neither do they own any conjugal properties
that could be the subject of partition or division;
16. Devastated once, the plaintiff had finally come to realize that
life must still go on. And in his quest to have a fresh start, he
now seeks the aid of the Honorable Court so that after due
notice and hearing, the marriage he contracted with the
defendant be declared null and void pursuant to Article 36 of
the Family Code of the Philippines;
PRAYER
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Plaintiff finally prays for such other remedies which may be
just and equitable under the premises.
-By-
Copy Furnished:
EXPLANATION
[Pursuant to Sec. 11, Rule 13 of the Rules of Civil Procedure]
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RAYMOND G. PANHON
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