REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

THIRD JUDICIAL REGION
BRANCH ___
BALANGA, BATAAN

XXX,
Plaintiff,

-versus- CIVIL CASE NO. _________

FOR: DECLARATION OF
NULLITY OF MARRIAGE
YYY,
Defendant.

x-------------------------------------x

COMPLAINT
PLAINTIFF, by counsel, unto this Honorable Court, most respectfully
alleges:

1. That plaintiff is of legal age, Filipino, married to defendant and

a resident of _____________________________________, while defendant is
likewise of legal age, Filipino, married to the plaintiff and with last known
address at ___________________________. Plaintiff may be served with
summons and other processes of this Honorable Court through his counsel
of record, while defendant at her last known address;

2. That plaintiff and defendant were legally united in marriage on

_________________ at the ________________. Copy of the Marriage Contract is
hereto attached as Annex “A”;

3. That the marital union was blessed with a child, named

________________________, who was born on ____________________ at
_______________________. Copy of his Birth Certificate is hereto attached as
Annex “B”;

4. That the relationship between plaintiff and defendant while at

the start was normal, was subsequently seriously marred with irreconcilable
differences, incompatibility and serious quarrels brought about by
defendant’s immaturity and incapacity to perform her marital obligation to
the plaintiff;

5. That plaintiff and defendant first met sometime in

_____________________________ while they were both working at the
_________________________.

6. That thereafter, the plaintiff and defendant always fight because

of defendant’s unreasonable jealousy and defendant always utters vindictive
words and sometimes result to physical abuse;
 7. That plaintiff endured all of these because of his love for
defendant until the time she got pregnant with their child;

8. That although plaintiff was having second thoughts of marrying

defendant because of her actuations, plaintiff eventually married the
defendant hoping that defendant will change her ways aside from the fact
that he was thinking of the unborn child. They got married on May
29,2012;

9. That after the birth of their child, the plaintiff decided to work
abroad so as to give their family specially his child a better life;

10. That while plaintiff was working abroad, he regularly sent

remittances for the support and sustenance of his family and he even got a
loan to be used for buying a house and lot for his family. But to his dismay,
when he went home for a vacation, he found out that defendant has a loan
of almost Php500,000.00 and even the money plaintiff loaned for buying a
house and lot was squandered and was paid for defendant’s loan. Worst,
plaintiff did not see any new furniture, appliances or gadget bought by
defendant for their child;

11. That when plaintiff returned abroad to work thereat and

because of his desire to provide for his family a house and lot, he again sent
money to defendant for the payment of a house and lot in Roosevelt,
Dinalupihan, but again, defendant did not pay the down payment for the
said house and lot and squandered anew the money sent by the plaintiff;

12. That defendant also squandered the money allotted for the
tuition fees of their children, the reason why their children lost interests in
their studies and stopped studying;

13. That because of this, plaintiff decided to leave defendant

sometime in 2008 but he continued to support his family even during the
time that plaintiff lost his job abroad;

14. That when plaintiff went home again for a vacation sometime in
2012, he took his eldest son from the defendant and his son willingly went
with the plaintiff as his son was having difficulties with his relationship with
his mother;

15. That defendant even had the temerity to report the plaintiff to
the DSWD but when plaintiff narrated the situation to the DSWD, the latter
gave the custody of the children to the plaintiff but when the plaintiff went
back abroad to work again thereat, defendant took the children with her;

16. That the acts of the defendant are actuations of a disturb

personality that affects her marital life with the plaintiff rendering her
incapacitated to perform even the essential obligations of marriage such as
love, mutual trust and respect;

17. That the above has caused the plaintiff trauma and a feeling of
uselessness. His life with defendant was characterized by fear and always
mindful that defendant indeed does not consider herself obligated to him as
a wife and as a mother to their children;
 18. That the parties did not acquire any common property during
cohabitation;

19. That the defendant’s actuation taken as a whole, manifest

inability to perform essential marital obligations which inability is
determined to be psychological in origin;

20. That the incapacity of the defendant is so grave and appears to

be incurable and a clear manifestation that could be clinically identifiable
which put to serious doubt the validity of their marriage;

WHEREFORE, premises considered, it is most respectfully prayed

that the marriage between plaintiff and defendant solemnized on May 29,
2012, be declared null and void ab initio in accordance with Article 36 of the
Family Code.

Olongapo City, January 16, 2014.

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123
QWERTY,
PTR No.000000
IBP No.
Roll of Attorneys No.
MCLE Compliance No.

VERIFICATION/CERTIFICATION AGAINST FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES )
CITY OF OLONGAPO ) S.S.

I, MR. JEFFREY M. SANTIAGO, of legal age, Filipino citizen, after

having been duly sworn to in accordance with law do hereby depose and
say:

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

2. That I have caused the preparation of the foregoing Complaint

and have read the allegations contained therein;

3. That the allegations in the said complaint are true and correct
of my own knowledge and authentic records;

4. I hereby certify that I have not commenced any other action or

proceeding involving the same issues in the Supreme Court, Court of
Appeals, or any other tribunal or agency;

5. That if I should thereafter learned that a similar action or

proceedings has been filed or is pending before the Supreme Court, Court of
Appeals, or any other tribunal agency, I hereby undertake to report that fact
within five (5) days therefrom to the court or agency wherein the original
pleading and sworn certification contemplated herein have been filed;

6. I executed this verification/certification to attest to the truth of

the foregoing facts and to comply with the provisions of Adm. Circular No.
04-94 of the Honorable Supreme Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

______ day of ________________ 2014, in the ___________________________.

MR. JEFFREY M. SANTIAGO

SUBSCRIBED AND SWORN to before me this ____ day of ____________ 2014,

in the _____________________________, affiant exhibiting to me his Driver’s
License No. C07-01-213922 issued on August 13, 2013.

Doc. No. __________;

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