Republic of the Philippines
REGIONAL TRIAL COURT
11th Judicial Region
Branch 28
Lianga, Surigao del Sur
JEANIA R. PENARANDA-MAITEM, CIVIL CASE NO. ____
Plaintiff,
For: DECLARATION OF
NULLITY OF MARRIAGE
vs.
ROBERTO S. MAITEM,
Defendant.
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PETITION
Plaintiff, avers:
NATURE OF PETITION
The present Petition is an action for the declaration of
nullity of marriage under Article 36 of the Family Code on the
ground of defendant’s psychological incapacity which renders him
unfit to discharge his essential marital obligation.
THE PARTIES
1. Plaintiff is of legal age, Filipino, married to
defendant and a resident of Purok 1 (Tigis), Lianga,
Surigao del Sur, where she may be served with court
processes ;
2. Defendant is likewise of legal age, Filipino and
presently residing at 578 Int. 1-9 de Feb., Mandaluyong
City, also in La Paz, Agusan del Sur, where he may be
served with court processes ;
ANTECEDENT FACTS
3. Petitioner and defendant are husband and wife,
respectively, having been joined in marriage on July 9,
1996 in a civil wedding ceremony at Metropolitan Trial
Court – Branch LIX (59) Mandaluyong City, Manila. A copy
of their Marriage Certificate is hereto attached as Annex “A” ;
4. That during their marriage, they got four (4) children
namely, KASSIDY ERIN, born on ____, KYLE, born on ____,
KEAN VINCENT, born on ____ and KYE DECLAN, born on ____,
respectively, please see Annexes “B” and “B-1” ;
5. That they have no properties acquired ;
CAUSE OF ACTION
6. At the start of the courtship, respondent appears to be
normal ;
7. However, shortly thereafter, petitioner observed the
alcoholism of the respondent as time goes by, respondent
was also shows sign of possessiveness so that often
times this would lead to arguments ;
8. Despite those observations, plaintiff married
respondent, under the belief that respondent will change
under the blessing marriage ;
9. Soon after their marriage, respondent immediately shown
sign of irresponsibility and perversity, which are shown
in the following instances:
- Respondent’s demand for sexual contact is incessant
at a time, this sexual demand is uncontrollable ;
- Respondent’s alcoholism turned from bad to worse
especially when he demands for sex to mind of the
petitioner, she felt like a sex object of the
respondent ;
- He is always on rage, especially when given comments
on his undesirable attitude.
10. On several occasion during the existing of their
marriage, plaintiff caught respondent’s perversity by
way of peeping on their neighbors, as a result of this
irregular behavior not only being alcoholic but sexual
perversity, respondent’s possessiveness intensified to
the point that his possessiveness and jealousy always
results in arguments ;
11. Not being contented on the marital irresponsibility,
respondent is also a womanizer being caught on many
occasion by the plaintiff ;
12. Plaintiff is being baffled and devastated at the
behavior being shown by the respondent such that all of
his outrage directed towards their children ;
13. While plaintiff was still hopeful of saving their
marriage, she tried to convince respondent for a marital
counseling but respondent is still in self-denial and
insisted that there is nothing wrong with him ;
14. Soon after the covid19, respondent abandoned the
plaintiff and their kids and stop communicating ;
15. Plaintiff now realize the hopelessness of their
situation and has to live alone for the sake of their
children ;
16. That these acts are manifestation of a disordered
personality which make defendant completely unable to
discharge the essential obligations of the marital
state;
17. Further, respondent’s condition is incurable, causing
the disintegration of their union and defeating the very
objectives of marriage ;
18. Witnessing their marriage at this awful state, in fact
perilous union brought by defendant’s behavior,
plaintiff has to save her future and their children
thus, this action ;
19. Parties being residents of different jurisdiction,
compliance with Barangay Conciliation Law therefore is
not applicable.
20. Pursuant to A.M. No. 19-10-20-SC 2019 Proposed
Amendments to the 1997 Rules of Civil Procedure, the
names of the witness for the petition are as follows:
JEANIA R. PENARANDA-MAITEM - She will prove the
allegations as contained in the petition and will
testify as to respondent’s disordered personality which
condition is detrimental. She will testify to other
relevant matters in this case.
RESERVED WITNESS: She will prove and support the
allegations as contained in the petition and will
testify as to respondent’s disordered personality which
condition is detrimental. She will testify to other
relevant matters in this case.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed of
this Honorable Court to declare the marriage between petitioner
and respondent as NULL and VOID from the beginning by reason of
the latter’s psychological incapacity under Article 36 of the
Family Code.
Other reliefs just and equitable are likewise prayed for.
San Francisco, (for Lianga, Surigao del Sur) Agusan del Sur
on 28th day of January 2025.
MONTILLA LAW & PARTNERS
2/F Bus Terminal, Brgy. 2
San Francisco, Agusan del Sur
By:
LEON O. MONTILLA, JR.
IBP Lifetime No. 03110
PTR No. 0988860 on 1-7-25
Notarial Commission Serial No. 860-2023
at Agusan del Sur
Roll No. 44691
MCLE Compliance No. VII - 00027535
April 3, 2023 – Pasig City
(valid until April 14, 2025)
Email:
[email protected] Mobile No. +639198501117
PROOF OF SERVICE:
A copy of this petition was served upon the Office of the
Provincial Prosecutor, Lianga, Surigao del Sur, within five (5)
days from filing, by personal delivery, proof of service below:
Received by:
A copy of this petition was served upon the Office of the
Solicitor General, 134 Amorsolo St., Legaspi Village Makati City,
within five (5) days from filing, by registered mail with
Registry Receipt No. ______ dated _______________.
LEON O. MONTILLA, JR.
