REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 245
CITY OF LAS PINAS

Leonida Trinidad-Almelor,
Petitioner,

-versus- Civil Case No. __________

For: Declaration of Nullity
of Marriage under Art. 36
of Family Code
Manuel G. Almelor,
Respondent,
x- - - - - - - - - - - - - - - - - - - - - - - - - x

Petition
NOW COMES the Petitioner, through and by the undersigned
counsel, and unto this Honorable Court, most respectfully avers that:

THE PARTIES

LEONIDA T. ALMELOR is of legal age, Filipino, resident of Camella

Homes D. Macapagal St. Las Pinas City, Manila, represented herein by
her counsel, Atty. Maria Clarina Landicho with office address at 2nd Flr
Amara Bldg, Brgy. 1, Las Pinas City, Manila where she may be serve with
summons and of the Court’s other processes, and hereinafter referred to
as “PETITIONER”

MANIEL G. ALMELOR is of legal age, Filipino, resident of Camella

Homes G. Masangkay St. Las Pinas City, Manila, where she can be
served with summons and other court processes, and hereinafter
referred to as “RESPONDENT”

STATEMENT OF RELEVANT FACTS

1. Petitioner is an anesthesiologist while Respondent is a

pediatrician. They met sometime in 1981 at the San Lazaro Hospital
where they worked as medical student clerks. At that time, Petitioner
regarded Respondent as a very thoughtful person who got along well with
other people;

2. After three (3) years of their romantic relationship,

the Petitioner proposed marriage to Private Respondent, in
which the latter has accepted;

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 3. On 29 January 1989, Petitioner and Respondent
celebrated their marriage at Manila Cathedral, located in Intramuros,
Manila. A certified true copy of their MARRIAGE CERTIFICATE is
attached and made integral part hereof as ANNEX “A”;

4. In their marriage, they conceived three children, namely: (1)

Maria Paulina Corinne, born on October 20, 1989; (2) Napoleon
Manuel, born on August 9, 1991; and (3) Manuel Homer, born
on July 4, 1994;

5. After their marriage, the Parties spent some time

with each other, however, at the early stage of their marriage,
several psychological and emotional disturbances where
manifested on the part of Respondent, to wit:

a. After their marriage, the Respondent kind and

gentle demeanor did not last long;

b. Respondent became a harsh disciplinarian,

unreasonably meticulous, and get easily
angered;

c. Respondent’s unreasonable way of imposing

discipline on their children which causes their
frequent fights as a couple;

d. Respondent’s deep attachment to his mother

and his dependence on her decision-making
were incomprehensible to her.;

e. That Respondent concealed his homosexuality at

the time of their marriage. Petitioner had her
first suspicions when she noticed Respondent's
peculiar closeness to his male companions. She
also caught him engaging in indiscreet telephone
conversation manifesting his romantic affection
for a male caller. She also found several
pornographic homosexual materials in his
possession. On December 5, 2003, her
suspicions were finally confirmed when she
personally saw Respondent kissed another man
on the lips. The man was a certain Dr. Nogales;

f. When Petitioner confronted Respondent, the

latter denied everything;

g. At that point, Petitioner took her children and

left their conjugal abode;

h. Since then, Respondent stopped providing

support to their children.

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7. Despite all of these, Petitioner exerted all her efforts to save their
marriage. However, the latter, as shown in the foregoing, still manifest
that he is psychologically incapable of performing, his basic marital
covenants to herein Petitioner;

8. Respondent’s psychological incapacity from all indications appears to

have been manifesting at the time of the celebration of marriage. [In fact,]
this has been medically proven by a clinical psychologist Dr. Valentina
del Fonso Garcia. A copy of MEDICAL FINDINGS conducted by Dr.
Valentina del Fonso Garcia is appended hereto as ANNEX “B” and made
integral part hereof;

9. Respondent’s incapacity to fulfill his essential marital obligations

appears to be GRAVE, INCURABLE AND DEEPLY INGRAINED, thus;
warranting the issuance of the Decree of Nullity of Petitioner’s marriage
with the Respondent;

10. Finally, the Petitioner has therefore no other recourse but to seek
judicial relief. The prospects or possibility of Respondent to reform and
assume his essential marital obligations is a remote possibility, if not a
hopeless expectancy.

PRAYER

WHEREFORE, after trial, it is respectfully prayed that this

Honorable Court render[ed] judgment:

1. Declaring the marriage entered into by the Parties as NULL

and VOID on the ground of psychological incapacity of the Respondent;

2. Ordering the Local Civil Registrar and the National Statistics

Office to cancel in their respective Books of Marriages, the marriage
between the Petitioner and the Respondent.

Petitioner prays for such other relief she may be entitled to in the
premises.

City of Las Pinas, February 7, 2004.

________________________________
Atty. Maria Clarina Landicho
Commission Serial No. 14344
Until December 31, 2008
Roll of Attorney 34555
IBP. No.2222/January 1, 2005/Manila
P.T.R. No. 2223/January 1, 2004
Roll No. 31256

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REPUBLIC OF THE PHILIPPINES )
LAS PINAS CITY, METRO MANILA )  S.S.

VERIFICATION-CERTIFICATION
ON NON-FORUM SHOPPING

I, Leonida Trinidad-Almelor, Filipino citizen, resident of 1473 G.

Masangkay St., Las Pinas City, Manila, after having been sworn to in
accordance with law, depose and say:

1. That I am the petitioner in the above-entitled case;

2. That I caused the preparation and filing of the foregoing Petition;

3. That all the allegations therein are true and correct of my own
knowledge and based on authentic records;

4. That I hereby certify under oath that I have not heretofore

commenced any other action or proceeding involving the same issues in
the Supreme Court, Court of Appeals or any other tribunal or agency,
and that to the best of my knowledge, there is no other action or
proceeding, which is pending before this Honorable Court, Court of
Appeals, Supreme Court or any other tribunal or agency involving the
same parties and the same issues, and that if I learn hereafter that there
are other proceedings pending before this Honorable Court, or any other
tribunal or agency, I hereby undertake to report that fact within five (5)
days therefrom to this Honorable Court.

Las Pinas City, Philippines, February 7, 2004..

_____________
Leonida Trinidad-Almelor
Affiant

SUBSCRIBED AND SWORN to before me this 7th day of February,

2004 at Las Pinas City, Manila. Affiant exhibited to me her Filipino
Passport No. 12532 issued at Manila.

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 Atty. Maria Clarina O. Landicho
Commission Serial No.
14344
Until December 31, 2016
PTR No. 2223/ January 1, 2004
IBP No. 2222/ January 1, 2005/Las Pinas City
Roll No. 31256
MCLE Compliance No. X-000216/Jan. 19, 2005
Tel No. (02) 551-0611

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2014.