REPUBLIC OF THE PHILIPPINESNATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT BRANCH ____ CITY OF MANILA Janice Alberto Arceo, Petitioner, -versus- Rhoieland Mantomingcal Arceo, Respondent, x- - - - - - - - - - - - - - - - - - - - - - - - - x Civil Case No. __________ For: Declaration of Nullity of Marriage under Art. 36 of Family Code PETITION COMES NOW petitioner, through the undersigned counsel and to this Honorable Court, respectfully alleges: 1. That petitioner Janice Alberto Arceo is of legal age, married, Filipino and resident of 1473 G. Masangkay St., Sta Cruz, Manila; 2. That respondent Rhoieland Arceo is likewise of legal age, married, Filipino and presently residing at 1473 G. Masangkay St., Sta Cruz, Manila; 3. That petitioner and respondent celebrated their marriage on December 28, 2003 before the Parish Church of San Agustin, Manila, certified true copy of their Marriage Certificate is attached and made integral part hereof as Annex “A”; 4. That petitioner and respondent have two child. They have no written agreement executed before the marriage to govern their property relations nor have any community property acquired during their marriage. They have no debts; 5. That petitioner met the respondent sometime in 1998 in City of Manila. Their romance culminated in a marriage before the priest of San Agustin church; 1 Their relationship lasted sometime in 2003. who holds or hugs him so that they may become closer to each other but every time she tries to be closer to him. That during their honeymoon period. After their marriage. resorts to drug and alcohol abuse during their f. but later on. That petitioner tried to explain to him that it was his responsibility to support her but respondent would ignore and shout at her. That the respondent does not want to have a child with the petitioner because according to him it will just cause burden for him. That in a short span of time they had been together. showed up. wherein such instability could be reasonably inferred are as follows: a. He prefers to hang out with friends and with her flings instead of being with petitioner. the respondent would always apologize to the petitioner. That some other manifestations of the psychological and emotional disturbances on the part of the respondent can be cited as follows: a. 7. 8. b. Roque & Associates as Assistant Manager without justifiable reason. She was always the one. This is causing so much unbearable emotional and psychological pain on 2 . things were running smoothly between them. He cohabitation. That parties would fight even for the smallest things through not due to the fault of the petitioner.6. but not on the succeeding week. psychological or otherwise. 9. h. Respondent would not even look at her whenever they spoke with each other. making the petitioner the breadwinner of the family. That the respondent is a compulsive gambler. he simply had to always turn his back to her. he will repeat his quarrelsome and troublesome ways. this is the time which the petitioner describes as a period where the respondent’s instability. when the respondent’s instability started to manifest clearly to the petitioner. D. c. d. the respondent gave up his job at F. g. e. That there were many times when the respondent never even kissed the petitioner. He is a womanizer. and frequently. That other instances. respect and romance in their relationship. It is of such incapacity that respondent was unable to assume his marital obligations. c. the petitioner has therefore no other recourse but to seek judicial relief. That respondent did not stop gambling and using alcohol and drugs. Since May 2003. is not cognitive to and psychologically incapable of performing. She told him about the lack of passion. incurable and deeply ingrained. Although said manifestations were not then perceived. The prospects or possibility of respondent to reform and assume his essential marital obligations is a remote possibility. warranting the issuance of the Decree of Nullity of petitioner’s marriage with the respondent. That finally. That the petitioner already gave up on the respondent after trying to give all her efforts just to save her marriage to a man who. the root cause shall be proved to such an extent that respondent could not have known the obligations he was to fulfill or knowing them could not have validly performed them. knowing that everything works out when there is an open communication. That the respondent’s incapacity to fulfill his essential marital obligations appear to be grave. 13. The petitioner on several instances. b. if not a hopeless expectancy. e. d. as shown in the foregoing. The respondent abandoned the petitioner and left to be with another woman. his basic marital covenants to herein petitioner. 11. The petitioner verbalized all of the things she had noticed and felt. the respondent did not return nor tried to communicate with the petitioner. thus. That further. That petitioner told the respondent that they should discuss what went wrong between them and hopefully they could work it out again. The respondent just ignored her pleas. That respondent began hurting the petitioner physically by throwing things on her and shoving her around. PRAYER 3 . tried to reach the respondent through his relatives and friends but to no avail. respondent’s psychological incapacity from all indications appears to have been manifesting at the time of the celebration of marriage.the part of the petitioner. 10. 12. CARINO. the marriage between the petitioner and the respondent. 2005/Manila P. 2256 4 . City of Manila.WHEREFORE. No.T. 14344 Until December 31. Petitioner prays for such other relief she may be entitled to in the premises. 2016. No.R. 2223/January 1. 2016 Roll of Attorney 34555 IBP. January 22. Edward Carino Commission Serial No.2222/January 1. it is respectfully prayed that this Honorable Court rendered judgment: 1. 2. CAMBRI AND ASSOCIATE LAW OFFICES By: ______________ Atty. 2016 Roll No. Declaring the marriage entered into by the parties as NULL and VOID on the ground of psychological incapacity of the respondent. after trial. Ordering the Local Civil Registrar and the National Statistics Office to cancel in their respective Books of Marriages. and that to the best of my knowledge. Manila. That I caused the preparation and filing of the foregoing Petition. That I am the petitioner in the above-entitled case. 2. there is no other action or proceeding. of legal age. Court of Appeals.. 3. 4. Sta Cruz. depose and say: 1. Court of Appeals or any other tribunal or agency. Janice Alberto Arceo. Masangkay St. and that if I learn hereafter that 5 . 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. That all the allegations therein are true and correct of my own knowledge and based on authentic records. resident of 1473 G.VERIFICATION-CERTIFICATION ON NON-FORUM SHOPPING I. Filipino citizen. after having been sworn to in accordance with law. which is pending before this Honorable Court. Supreme Court or any other tribunal or agency involving the same parties and the same issues. 12532 issued at Manila. Book No. _____.T. 2223/January 1. 2016. 2016 Roll of Attorney 34555 IBP. Atty. January 22. _____________ Janice Alberto Arceo Affiant SUBSCRIBED AND SWORN to before me this 22 day of January. _____. Affiant exhibited to me her Filipino Passport No. No. 2016 at Manila. 2016 Roll No. 2005/Manila P. 14344 Until December 31. I hereby undertake to report that fact within five (5) days therefrom to this Honorable Court.there are other proceedings pending before this Honorable Court. 2256 Doc. No. _____.2222/January 1. Series of 2016. Edward Carino Commission Serial No. or any other tribunal or agency. Manila. Philippines. Page No. No. 6 .R.