Republic of the Philippines
FIRST JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 7
Baguio City
HANNAH M. CELESTE
-MONTEMAYOR,
Petitioner,
-versus- Civil Case No.: 45434-R
FOR NULLITY OF MARRIAGE
CHRISTOPHER A.
MONTEMAYOR,
Respondent.
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PETITION
COMES NOW, the petitioner, through the undersigned counsel,
and unto this Honorable Court, most respectfully states that:
1. Petitioner is a Filipino citizen, of legal age, and married to
respondent. For purposes of this petition, she may be served
with notices and other pertinent processes through counsel;
2. Respondent is a Filipino citizen, of legal age, currently
employed at Summer Palace Hotel, and married to the
petitioner. He may be served with summons and other pertinent
processes at 23 Lower East Camp 7, Baguio City;
3. Petitioner and respondent were married on March 25, 1990
under the regime of conjugal partnership of gains, and out of
this marriage they have 2 children – PERCIVAL M.
MONTEMAYOR (15 years old) and PRECIOUS M.
MONTEMAYOR (6 years old). A copy of the Marriage Contract
of petitioner and respondent is attached as ANNEX A and
copies of each of the birth certificates of the minor children are
attached as ANNEXES B and C, respectively;
4. Petitioner and respondent are currently separated in fact and
have been so since May 2013. The reason for the continuing
separation in fact is the breakdown of the marriage due to
respondent’s psychological incapacity, which existed at the time
of the marriage in 1990 and manifested well during the
marriage, as he cannot fulfill and discharge his marital
obligations to petitioner;
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5. Respondent’s psychological incapacity appears to be incurable.
The parties had attempted formal and informal counseling
sessions, all of which proved unproductive as respondent was
resistant to efforts;
6. Respondent’s psychological incapacity is classified in clinical
terms as being consistent with “Schizoid Personality Disorder
with narcissistic features” which is further described as “grave,
incurable and has antecedents.” This is explained in greater
detail in his Clinical Assessment Report dated February 20
2013, attached as ANNEX D;
7. The children of petitioner and respondent are in petitioner’s
custody and are being supported by her financially and
emotionally;
8. Petitioner, however, cannot provide for all the financial needs of
the children as she is only earning a limited amount of money
from her work whereas respondent is gainfully employed and
earns more than enough for his own personal needs. Petitioner
earns only EIGHTEEN THOUSAND PESOS (P18,000.00) a
month from her work as shown by her payslip attached as
ANNEX E, whereas respondent earns FORTY FIVE
THOUSAND PESOS (P45,000.00) a month from his work as
shown by his payslip attached as ANNEX F. the common
property of the parties is likewise insufficient for the support of
the children.
WHEREFORE, petitioner prays that judgment be rendered:
1. Declaring the marriage between petitioner and respondent a
nullity and, by this token, ordering the dissolution of the
conjugal partnership of gains;
2. Awarding permanent custody of the minor children to petitioner,
with express acknowledgement of the respondent’s visitation
rights;
3. Awarding monthly support in the amount of TWENTY
THOUSAND PESOS (P20,000.00) for each minor child, subject
to adjustments to be made on changes in earning capacity and
needs of the children.
Other just and equitable reliefs are likewise prayed for.
Baguio City, Philippines, this 2ND day of September 2019.
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REPUBLIC OF THE PHILIPPINES}
CITY OF BAGUIO } S.S.
x ---------------------------------------------- x
VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING
I, HANNAH M. CELESTE-MONTEMAYOR, of legal age, single,
Filipino citizen, after having been duly sworn in accordance with law,
depose and state that:
1. I am the petitioner in the above-entitled case;
2. I have caused the preparation and the filing of the foregoing
petition;
3. I have read the contents thereof and the facts stated therein are
true and correct of my personal knowledge and on the basis of
copies of documents and records in my possession;
I FURTHER CERTIFY THAT:
4. I have not commenced any other action or proceeding involving
the same issues in the Supreme Court, the Court of Appeals, or
any other tribunal or agency;
5. That to the best of my knowledge and belief, no such action or
proceeding is pending in the Supreme Court, the Court of
Appeals, or any other tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding
has been filed or is pending before the Supreme Court, the
Court of Appeals, or any other tribunal or agency, I undertake to
report that fact within five (5) days therefrom to this Honorable
Court.
IN WITNESS WHEREOF, I have hereunto set my hand this 2ND
day of September 2019, at Baguio City, Philippines.
HANNAH M. CELESTE-MONTEMAYOR
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Affiant
SUBSCRIBED AND SWORN to before me, in the City of
Baguio, Philippines, this 2ND day of September 2019, by HANNAH M.
CELESTE-MONTEMAYOR, who is personally known to me, who is
the same person who personally signed before me the foregoing
document.
WITNESS MY HAND AND SEAL.
Doc. No.____;
Page No.____;
Book No.____;
Series of 2019.
